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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

AxlR

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  1. AxlR
    Thank you. You've been brilliant. And very patient!!
  2. AxlR
    Hi Thanks very much for that. Would you suggest applying set aside based on the above, or applying to vary based on the above and the fact that I'm prepared to resume payment?
  3. AxlR
    Agreed. Unfortunately, the claim is 5 years old and I didn't realise it was on hold. I stopped paying in January last year. Any advice on how best to proceed please?
  4. AxlR
    My plan was to try and negotiate a full and final on the basis that they don't have enforceable agreements.
  5. AxlR
    Because they didn't reply to my CCA request within 30 days. In hindsight, maybe not such a good idea.
  6. AxlR
    Hi Sorry. Yes, that's it. Basically, I paid the missed payments, paid an admin charge per account for their court costs to make the claim and then resumed the monthly payments. I heard nothing at all afterwards from the court, until the letters last week. I stopped paying in December 14.
  7. AxlR
    Hi Andy Thanks very much for the input. Ok, so even though the claim was made because I missed a payment on each account i.e. afterwards, what have I breached? No, I haven't signed any agreement. Any ideas what, if any grounds I have for setting aside or varying?
  8. AxlR
    Thanks Sorry, I've re-read it and I get it now. I'm not aware of any breaches. Any advice re what argument to use re setting aside or varying please?
  9. AxlR
    Hi CitizenB I'm not sure what your post means I'm afraid?
  10. AxlR
    Thanks WelshMam I do intend to file for the judgement to be set aside. Open to suggestions as to what argument to use. I could go with the fact that I didn't file a defence because Hillesden didn't pursue the claim and I wasn't aware that I had to, but I doubt that would work. Alternatively, I could go with the fact that they haven't complied with my CCA request because all I've had is copy application forms and reconstituted terms? Both these cards are pre 2007.
  11. AxlR
    I don't like the sound of that. No, I didn't file anything with the court. The only communication I had from the court was the initial letter and nothing since until yesterday. I didn't file a defence because I made the payments. I believe from talking to the court it was stayed because Hillesden didn't pursue the claim.
  12. AxlR
    Thanks The original claim came about because I missed the payments due to being on holiday. I called Hillesden when I got back and made the payments by phone. Nothing happened after that re the court so I didn't need to get to defence submitting stage.
  13. AxlR
    Hi I've had a letter from the court to say that "The application to lift the stay and enter judgement has been granted". " This order has been made without a hearing under the Court's case management powers contained in the Civil Procedure rules Part 3. You may within 7 days of the service of this order, apply to the court to set aside or vary the order under Part 23 Rule 10. You must file with the court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable on the filing of the application. When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing" Any suggestions as to what to do next gratefully received.
  14. AxlR
    OK, thanks again. I won't be waving back though! P.S. I've just made a donation. I think what you're doing here is brilliant.
  15. AxlR
    Done that. There are 2 claims from September 2011. The claims are stayed because there's been no activity, I thought they were closed to be honest. There's been nothing submitted by Hillesden, so they would need to apply to have both claims unstayed (if that's the word) give their reasons why and pay a fee. They're saying they've abided by my s78 request. I don't believe they have provided the original credit agreements, just application forms with reconstituted terms. Any suggestions welcome. Thanks

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