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About Whatnot

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  1. MF I have nothing but admiration for you, I’m very glad that you have the buyer , if it were me in your position now, I would go back to court and let the judge know the other party are trying to add costs even tho these can sometimes be added to the final mortgage amount and and find out if indeed it was the judges intention you should be liable, because maybe there is a difference between a secured loan and a mortgage ? The other aspect worth mentioning i think, is that firstplus failed on many counts to adhere to pre court action protocol also failed the the lenders duties, together with many other aspects listed in the shelter advice site leading to: order the lender to pay your legal costs and stop your lender from adding their costs on to what you already owe them.
  2. Hi Andy, all, update on case, after a subsequent hearing today in relation to SB payments the first line of our defence was thrown out, due the probability the payments the claimant had on file were those of DCA in respect of M&S .. 2nd line of defence unenforceablity case for the defendant, on the grounds of no evidence of a default notice served, no copy and claimants blank template notice insufficient document and unsatisfactory, case dismissed! NB Judge also made mention of the assignment notice, and copy of contract but was only directing on the two grounds at issue today, SB and Default as set out in previous hearing of January 2015. Thanks for all your help folks, to all facing court, know your rights, speak up for your self, don't be afraid of the system, it works with you not against you..
  3. Hello again, I wold just like to know, if i file my witness statement but want to add a further statement, with late evidence say on the day, can it be done?
  4. can i ask a few questions regarding claimant witness statement please? 1.A s i (we) entered only the SB defence does it mean i can no longer ask about documents relating to the case, ie assignments credit application form ect.. as the WS (claiment has mentioned these.. 2. Is a microphese copy Small as it is constitute a true and real document? 3. the Credit application is dated January 2007 with a default with a default date of Dec 2008 is that date SB as if no payments on account can substantiated? ie proved/ I wrote and asked for the original credit source of the contended payments with no clear answers, how do i bring this to the attention of the court? 4. if the assignment were to came from anoyher debt company do i not need these assignments as well? 5. how do i defend the costs and interests of the claimant? please? Many thanks
  5. Just says DJ has considered the statements of case and questionnaire filed and has allocated the claim. . that the claimant should pay the fee, and if the case is settled we should inform the court. but if the claimant wants to withdraw before the court date t hey must give seven days if they want the fee back..
  6. The District Judge have ordered to file and serve at least 2 weeks before the hearing, Witness statements one for the Court and one to the Claimant .. it states "who is a witness" - "can be anyone who attends court to say things in support of either sides case is also a witness", my question is: can that be me on behalf of my Daughter who will also be present? Starting to prepare witness statement will post when i have a rough copy for approval..
  7. Ok.. So we now have a small claims court date 21st January, 2016 and that the Claimant shall pay a fee of £335 by the 9th November refundable 7 days before said court date if they want discontinue the claim.. IE if it looks like i made a half decent case against them.. because they have not given all the correct legal prerequisites..
  8. Thanks Andy, As we havent heard from the court since April, does this mean they are not going to proceed with Court possibly??
  9. Hi all, So, the latest is we sent the DQ and mediation said that as the claimant hadn't sent any/all the documents to us as required we were awaiting a small clams court date, - none received, instead today we get the "Periodic statement" dated 5/10/15 to include costs: 15/4/15 £80 - costs 15/4/15 £185 - Fees increase 15/4/15 £96.85 interest original debt £3004.12 New figure £3365.97 - claimants amount as in court papers from MCOL "Please note if legal action is taken on this account please note this statement will not include legal costs and statuary interest which is being claimed but is yet to be awarded by the court". As yet no court date? any thoughts please anyone..
  10. Hi Stu, The repairs are finished save for the redecorating of the walls that were damaged in the process of taking down two ceilings, and HA refused the offer by said contractor to repair the damage, doesn't mean that they wont redecorate, just that if they decline to do so, i think i should ask for recompense.. I took off three days of paid work in the last 2 months to accommodate all the appointments necessary to reinstate the ceilings, plus, electricians, plumbers and heating engineers, luckily i work part time, but that does not mean it's ok, i am thinking of claiming three days pay, plus a further nominal fee for three days of their missed appointments, say £25 each, so roughly £200 for my trouble, plus if they are not going to repaint the walls another £200..? The link you posted mentioned stress, well it's been ok really, just alot of moving things from one room to another, x2 and reverse x2, hard work, but that not at issue..
  11. Hi Bazooka, The HA is L&Q.. no contents insurance, actually no damage to my goods whatsoever, just claiming for my own time and trouble really..
  12. Hi there, A while back in June i had a major water leak, basically 50 galls came through the ceiling at a great rate of knots causing significant damage to lounge and bedroom ceiling, subsequently I've had two new ceilings as the old was asbestos (apparently) ..a new boiler and other ongoing internal works.. as we speak. If It were not for that fact i was here at the time of the leak it would have been catastrophic not to mention the flat below, the firemen who attended were none to pleased and reported their findings to the HA as failure to reasonably repair previous damage and works to this property. .. yes the ceiling had been down two years previously.. I've been put out massively, moved my contents in and out of rooms/bedrooms, waiting in needlessly for workmen that don't turn up and been without ceiling x2, no hot water and cold water at various times. My actual expenditure has been 1 meal out due to the flat being uninhabitable literally, and paid for a few boxes i got to store all the clutter that comes with a lifetime, the HA has an online form that i need to fill out, any idea's please, I've lost three days unpaid hols, i definitely think these should be reimbursed. My question is how much compensation should i claim, if any? Thanks
  13. Hi again, Daughter filled out a new DQ, subsequently phoned the mediator for appointment, they told her as the claimant hadn't sent her the original creditor docs she couldn't/ wont be able to have mediation and should wait for a court hearing? ? Normal procedure from mediation agency?
  14. Hi there, Received a letter from court today date stamped 1st July it says i cannot represent my Daughter aka ( a Litigation Friend) without authorisation from a local court and that i must include this with the DQ - which i haven't done of course, and the date is lapsed for submission -failure to do so will result in my/her defense may be struck out and judgement entered against me in default umm, what the heck do i do now?? Help please if poss. thanks
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