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About kayastley

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  1. Hi all, All has been well until recently. I just need some advice please. I sent my Court form requesting the Forthwith CCJ be varied to monthly installments with I&E on 31.01.2013. (Cheque has been cashed in Feb 13) On exactly the same day my creditor's (DLC) solicitor (Aplins) sent in a Charging Order application to make Nisi = Final. I have a Court hearing for CO on 12.04.13 but have heard nothing regarding my CCJ variance order. I have spoken to the Court twice who state they have sent the Variance forms to creditors solicitors )Aplins) on 08.02.13 but have had nothing back and canno
  2. Hi Andy, Thank you for your last response. Sorry about leaving personal details in my post, I had checked them but obviously not close enough. I appreciate the honesty. It was a straight template copy from the CAG website but at the time I didn't know any better ( Amazing how fast you learn when you have to) . I am a little confused with your advice though in the last post, should I apply for the CCJ to be set aside then, using the N245 or should I let the CCJ stand and request application to the Court for instalments using N245? I haven't received anything yet from Land Registry so I a
  3. And as promised: Default Notice 15.06.2010 Final Demand letter Generic assignment letter - date unknown. Kay x
  4. Here are the other documents: CPR31 response letter Debt sale agreement pg1 Debt sale agreement pg2 Debt sale agreement terms pg3 Financial History. I will attach in the following post: Default Notice 15.06.2010 Final demand letter
  5. Good evening Andy, I've posted my original defence in response to the Claim form. This is the only defence I have filed. I know I've messed up with this case and just wonder whether it's better to contact Hillesden and see if I can sort out a payment arrangement with them or apply to the Court to ask for the Judgement to be changed from 'Forthwith' to an installment order. Can I still do that even though it has been transferred for enforcement? I will contest the Judgement if I have grounds but I have to hold my hands up to this one and admit that although they have made some mistakes
  6. Thank you for your reply steampowered. The CCJ was issued 16.01.13 but it was sent 2nd class with Royal Mail, so I didn't received until Monday 21.01.13. I appreciate that the timescale is tight but I wanted to get advise before I actioned anything. Kay
  7. Hi Andy, I've attached the: Claim Form issued 09.07.12 The Application Notice (Court Copy) and Directions Order to lift Stay and S/O Defence issued 02.01.13 (which came together) - No copy from Claimant prior to Directions Order 02.01.13. Forthwith CCJ Order issued 16.01.13. I will upload the CPR31 response letter, Default Notice, Final Demand letter and debt sale agreement tomorrow, as I need to get some sleep. Question? I've just noticed that on the POC's on the Claim Form, it states that all legal and beneficial interest for the monies was assigned to Hillesden Securities on 2
  8. Sorry Sensei , In response to your questions: Your defence was due in August in 2012 they made application in Dec 2012 (did you receive notification from the Court or the claimant...?) -] I received notification from the Court attached to General Directions]Order for the stay to be lifted and defence S/O . any hearing? - They requested "Without a Hearing" on the Application Notice. what evidence was attached to the application?) - No evidence attached on the copy sent from the Court. Aren't they supposed to send me a copy of the App Notice so I have chance to respond???
  9. Hi Andy, Thanks for responding so quickly...again Just going through the paperwork and I've found an Application Notice dated 06.12.12 and a General Directions Order dated 02.01.13 ordering that: "The stay be lifted and the defence is struck out pursuant to Civil Procedure Rule 3.4(2) (a). I know what the CPR 3.4 2(a) means after HSBC/Restons. Oh Bugger! I can't believe that I haven't actioned this. I've been so busy with Restons that I've shot myself in the foot here. Any suggestions Andy??? Kay x p.s. Just going to pick my little one up from nursery so may not respond to any r
  10. HANG ON! I filled my defence to the Claim form using MCOL. How come, this has been dealt with without a hearing!!!! How can they obtain a default CCJ if I responded to the Claim Form stating I was intending to fight the whole amount!!!!! Kay x
  11. Good afternoon all, Well after round one with HSBC, I now have an additional problem with Hillesden Securities/Black Horse. My question is.. Can a debt be enforced if the Default Notice was issued AFTER the debt was sold? I have received a Default CCJ by Hillesden Securities. I requested documents under CPR 31 (1st request - 29.07.12, 2nd request 13.08.12) but didn't receive a response until 20.11.12. Included in the paper work is the Default Notice from Black Horse dated 15.06.2010 and the Debt Sale agreement between Black Horse (original creditor) and Hillesden dated 04.06.2010.
  12. Hi Andy, thank you. I was really surprised it went so well. The Judge did seem to sympathise more because we were litigate in person. They did ask for costs but the Judge firmly stated "case costs" - they wont be happy with that! I will scan the Summary of costs from them. I have been meaning to do it sooner but I've been working all weekend. You'll never guess how much they wanted to claim....... £5300! I shouldn't be surprised really but even I was taken aback. I get paid next Friday and so will be making my donation to CAG then, if that's OK, sorry it's not sooner. I'll get the
  13. Dear All, I apologise for not replying sooner but I had to go straight to work following the the hearing and didn't finish until 11:30 last night. Well! it went well. The Judge dismissed the Claimants Application for Summary Judgement on the basis that: There is a triable issue to be examined further at trial in regards to our Claim that an effective Default Notice has never been served and the Claimant cannot produce any evidence regarding method or proof of service. That the system template letter submitted by the Claimant confirming the agreed payment arrangement (in the absence of
  14. I'll give them a call tomorrow. I've said thank you to you so many times, it feels like it's not enough anymore but it really is sincere. Thank you Andy and the CAG site team. I'll update as soon as there is news. Wish me luck Kay x
  15. Andy, you must of read my mind when posting your last post. I was just wondering how to work out my costs, thank you. Regarding letting the Court know in advance about a Mackenzie Friend, how do I do that? I'm just conscious of the timescale, with the hearing on Friday. Kay
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