mighty-midget
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Firstly sorry it has taken me so long to try and write this:oops: As you all know I went to court back in March, the morning went as follows: The paperwork stated that I had to be at the court for 10.15am, not having been before I assumed that this was my time slot! I sat and waited and finally got my chance at 11.30am. I went in full of confidence and armed with all the information that I thought I need (following the advice of a couple of lovely chaps!) I was polite and explained that I was a litigant in person and had limited knowledge of the law. I thought that the hearing was just to hear my motion to have the claim dismissed or to force Cope's to ammend they POC's! How wrong was I? Cope's had requested a summary judgement and to have my defence struck out, I KNEW NOTHING ABOUT THIS:eek: I was immediately put on the back foot and the judge did not seem interested in anything that I had to say, he just kept saying that I knew what this was all about and that I owed them the money, and although I was prepared for some of his questions I wasn't prepared for a judge that didn't seem to care what points I raised ie that cope's had not set out their claim correctly, who the money was due to, that there was no date of default etc On my N244 I was either asking for their claim to be struck out or failing that I was asking the court to get cope's to ammend their POC's, the judge dismissed my claim and dismissed their summary judgement request! But, I tried to push the issue and eventually got the judge to order that they ammend their POC's within a given time period, 14 days and that I then be given a further 14 days to file my defence. The judge did not award me my costs, even though he had actually ordered Cope's to ammend their POC's which was part of my N244 as an either or Also, as I was leaving the judge's chambers the judge said "as you know what this is all about I suggest that you call them and come to some arrangement" I didn't respond to him but couldn't beleve that he had said it! Right from the start of the hearing I got the feeling that the judge didn't care about any points of law that I raised, in his eyes I had borrowed the money and therefore I had to pay it back regardless and to be honest I felt that he was already on their side....... Got the order back from the court 4 days after the hearing. Two weeks after the hearing I got a letter from Cope's stating that they had already received a judgement against me and that they were going to seek an attachment of earnings order:eek: OMG I panicked thinking that perhaps something had happened that I didn't know about, bearing in mind that they had made a request for summary judgement without informing me so it was quite possible that they had done something else! Sorry forgot to add a comment from the judge, he said that he felt that there were websites out there that were offering advice and that he implied that people like me would be better off not getting advice from such sites and that I knew what it was all about! I will leave it there for a bit and continue with the saga later
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I will certainly update the thread asap, I am just trying to keep the essay to a minimum with all the facts in the right order! I can now let you all know what happened and when, but as you can see from the title I received a nice letter in the post today:D, this smiley is definately showing the grin on my face at the moment! Thank you so much to all of you that have helped me;), it is very much appreciated:smile:
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Me again:rolleyes: After saying that I have heard nothing and that I am still waiting, this morning I got a letter from NCC bulk centre saying that; "as a result of an order made on 16 January 2009, this claim has been transferred to ****** Countu Court" Whay could I not have been told this when I rang? The letter also has a note on it that says NOTE: A party affected by this Order may under Rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order. What does all of this mean? And what happens now? Will I get something from my local court to tell me when etc? Or do I need to contact them myself? Thanks in advance as always. MM
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Hi SC, Sorry not been around much lately, my TFT went bang:eek: I did send off the N244 but have heard nothing from the court, although I did try to call them and I think that I got the YTS girl:rolleyes: So no help really I will ring them again to see if a judge has had a chance to look over everything! Have had some paperwork from Cope's but TBH you can't really read it as the quality is really bad. So, I guess what I am trying to say is that I am still playing the waiting game. Thanks for the interest. MM
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Right guys, I have had absolutley sod all of the requested paperwork back and the 7 days were up yesterday, but I gave it until today (just because the post around here is rubbish at the moment:roll:) So now I need to do the N244 form ready to put into the court on Monday morning, any advice would be welcome, as always. Thanks in advance MM
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Andy, here's the P.O.C (sorry I typed them in) The Particulars of the claim say the following; 1. The claimant is assignee of the debt from MBNA Bank (Europe) Limited ("The Assignor") The claim represents the balance of payments due under a loan agreement made between the assignor and the defendant regulated by the Consumer Credit Act 1974. 2. The agreement provides for: Payment for equal monthly installments; and in default the assignor may recover the balance of the principal sum: and all charges provided for. 3. In breach of said agreement the defendant failed to make payment or comply with a default notice served by the assignee the agreement was terminated accordingly. 4. The balance payable by the defendant is £xxxxx, which is claimed together with costs. The claim for has been issued by Northampton County Court Bulk Centre, and the claimant is Arrow Global LLC, and the address for sending documents and payments reads Cope's Solicitors. Thank you so much pt2537, I am truly grateful for all of the help and support that I am receiving from all on the site. Just to clarify, do I send the two letters (court and cope's) out recorded delivery? Thanks again MM
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Hi again, and sorry to be a pain but looking through my post I have just found a letter that I received yesterday dated 24th October 2008 saying the following: Re: Arrow Global LLC Dear ********* We act for the above named who instructed us that you owe the sum of £xxxxxxx. You have previously received notice persuant to the Law of Property Act 1925, that our client obtained the debt by way of assignment account number xxxxxxxxxx You have failed to make payment as requested and/or you have refused to make payment. Our client is no longer prepared to tolerate your failure to pay the debt and we have been instructed to consider taking legal proceedings against you in the county court unless you pay the sum of £xxxxx within 10 days from the date of this letter. From the information currently available, our client is confident of obtaining a judgement order against you (it is not believed that you have a legitimate or any defense in the sum of £xxxxx plus court fees and solicitors costs. - NOTE: YOU SHOULD BE AWARE THAT LEGAL COSTS WILL BE ADDED TO THE DEBT. In the circumstances, you should be aware os the methods of enforcement available to our client upon the making of a judgement order against you, as follows:- WARRANT OF EXECUTION - this will involve county court baliffs attending your home with a view to removing your goods for sale at public auction. The actual price obtained on the sale of the goods will fall far short of that which you have paid when new. As a result a large amount of goods may be removed to cover a moderate debt. ATTACHMENT OF EARNINGS ORDER - This is an order which allows money to pay your debt to be deducted by the county court from your wages. The county court documentation would be served on your employer and they would be ordered to deduct what ever monthly installment is ordered by the court. EXAMINATION OF DEBTOR - Application can be made to the county court for an order requiring that you attend to be cross examined as to your income, expenditure and assets. You will be required to produce all documentory evidence available, including bank statements, wage slips, car and property details the purpose is to allow a decision to be made as tp the best method of enforcement of the debt. Failure to attend court will result in an order being made for contempt. This could have very serious conseqences. SMALL DEBTS - we find that many debtors believe that creditors will not persue small debts via the court system. Arrow Global LLC has no hesitation in utilising the full extent of the court system to obtain payments of all debts, large or small. You should not forget that any expenses incurred as a consequence of issuing proceedings, will be reclaimed from you. For example a £100 debt can easily become £200. Please do not under estimate the resolve of Arrow Global LLC and the willingness to persue you via County Court proceedings. All the costs and expenses involved maybe added to your debt and vigorously persued. then it's signed cope's Does this have any bearing as I received the court papers today the 28th dated 27th october 2008? They haven't even waited the 10 days!
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Thanks Andy. I just need to get this straight in my head because it is spinning at an amazing rate of knots! I need to send a CCA to Arrow Global, and a CPR to Cope's. And I need to log onto MCOL and register that I intend to defend the whole claim? What do I do about Payplan? They have told me to fill in the form and send it to their legal department:-?
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