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clivey888

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Everything posted by clivey888

  1. Thanks guys for being understanding, I will be getting all docs out and reading over the thread over the weekend to get myself back on it,. Has there been any success stories against this HFO mob lately ?
  2. Ok first of all a big apology to all who have spent countless hours helping me with this case, I have sent private messages to the main players on here also apologising , Donkey your mail box is full so have been unable to send you an apology. My absence was due to the stress and depression of debt and court cases taking it's toll on me, I know it was selfish due to the countless hours people have spent helping me out but hey i was at breaking point. BA: I never attended the court case so the charging order was granted. I shall though be applying to have this set aside by next friday and will update this thread accordingly so those who did help me can see the outcome to the end, And yes i am fully aware that due to my actions i am going to have to battle this alone. If there is a lesson to be learnt from this it is simple DON'T BITE THE HAND THAT FEEDS YOU ...... simply putting when your under intense stress and when everything and everyone seems to be against you don't take it out on the only ones that can get you out of this mess like i did, So again big time apologies to all concerned the posts that caused the friction make me cringe reading over again.
  3. I get charged £220 for the year and that's me lot, Not too sure what yours should be depends if on meter or not and usage if so.
  4. Summary judgment is judgemnt without full trial and default is judgement without being there so it is judgment at trial.
  5. Thank you Pt2537 And for the record I apologise to all for sounding ungrateful and it is not an apology to get anyone to continue to help, I apologise when i know i am in the wrong sometimes as i am under immense pressure right now being hit from every angle possible but hey i will leave that for the jeremy kyle show, Right now i am going to get my stupid head down and complete the witness statement. peace.
  6. Many thanks BA ... cue " huge sigh of relief" i will get it done tonight and email you straight away.....
  7. I am [insert name] of [insert address] and I am making this statement in support of my application to set aside the judgement [insert case number] because there was an error in the judgement and because the Civil Procedure Rules were not followed. Under CPR 19.4 the court’s permission is required in order for the substitution of a party to be effected. The Claimant on the Judgement Order is different to the Claimant named on the initial N1 Claim Form, exhibited hereto as [exhibit number] which listed HFO Capital Limited as the Claimant. The subsequent hearing, dated, was listed in the name of HFO Services Limited and judgement was subsequently given. No application was made by HFO Capital Limited or HFO Services Limited to amend/substitute the Claimant in the proceedings. Notwithstanding the procedural issue, it is argued that HFO Services Limited had no lawful cause of action in the proceedings by not being assigned the account in accordance with s.136 of the Law of Property Act 1925. Therefore the subsequent charging order, listed to be heard on [insert date], would prejudice the Defendant and unjustly enrich a company with no lawful right to monies from the potential sale of the estate. I cite the case of GE Money Home Lending Ltd & Anor v HC Wolton & Sons Ltd (t/a Wolton Chartered Surveyors) [2010] EWHC 1011 (Ch) (06 May 2010) where the case was struck out by virtue of the wrong lender being named as the Claimant. Furthermore, it is also a point that financial statements were not submitted prior to the filing of my own Defence and Witness Statement of which revealed the potential for a Payment Protection Insurance complaint for mis-selling under as per the recent guidance issued by the Financial Services Authority and a potential claim for unlawful penalty charges. I therefore argue that my case was placed at a disadvantage by the Claimant in those proceedings which did not allow me to present a counterclaim. I respectfully submit a comprehensive defence which I believe answers the Claimant’s case in full and which I believe has a reasonable prospect of succeeding, particularly on the counterclaim issues which I am in a position to present now that full disclosure has occurred. I believe it would be in the best interests of justice for this judgement to be set aside and for the case to be reheard on its merits rather than for the wrong Claimant to have been awarded judgement on what I perceive to be spurious grounds. BA, Are you still able to help out here as i would really like to get this sorted as the charging order hearing is in 10 days and counting, I found this what VJ kindly put up, could you advise what exactly i need to do right now, I could use the statement above but what else needs to be handed in and what order, I am going to submit the set aside by this friday the very latest.
  8. OK I have gone away and cleared my head and will now try to tackle this to best of my ability albeit lack of, BA i was a bit iirate and feeling very pressured as everything seems to be getting on top lately, I know i have had help and am forever gateful it's just that when people state that they are doing this and that then return stating sorry can't help and didn't doing any of it hence the leaving the @@@@ remark it sucks, From what i see VJ just plan and simply got bored with this as he was the main culprit, He was on here at the begining stating we will make mince meat out of them helps put then at the vital moment dissapears then returns states he is doing this doc etc etc for me then returns stating he can know longer help for what ever reason only to see he is alive and kicking on many other threads, Dont get me wrong his input has helped so much but you can't just have people rely on you to just let them down like this, Just read back through this thread and you will see what i'm talking about.
  9. VJ, I know your time and help is for you to do with as you please and respect your decision stating you can no longer help but i have just scanned the Cag forum and you and others who have helped and pushed this along with advice are clearly alive and kicking on cag. I can only assume that yourself and others have got bored with this and can no longer be assed, I am at my wit end with all of this being told do this pay that then when it comes down to it people dissapear and i get shafted and this appeal is going exactly the same way again, I fork out £220 on a transcript through yours and others recommendation then have to fork out another £130 for the set aside, You came along stating write need this need that i am in the process of doing this then all of a sudden boom cant help do this do that............. IT truly sucks and i am left paddling up a river witht my hands tied. Advice to others before they start, If you like myself find it hard to get your head round these legal issues then think long and carefully about what you do espeially if you have to fork out money you simply aint got as there is a chance you will be left in the ****.
  10. File the WS I sent you along with the set aside statement. VJ i am having trouble locating these! could you send again please.
  11. Ok thks Me feels like the boat is about to sink it's being made impossible for me to continue helping you as much as I would like ? I take it's something personal stopping you VJ?
  12. HI VJ, Yes family and work always comes first obviously, I was just refering to this for an update as dates are coming and going and it put's the spooks up me reg funds already spent to fight this, I am in the process of writing a letter to deliver to the courts today to explain why i object to the charge order submitted as deadline is today. I really would like to get the set aside in this week and as you are the main man with the expert knowledge to fight HFO i am relying on you VJ, Don't want to sound like i am pestering you but without you i have no chance, I am forever grateful for the work you have put in so far which is top notch, Hope you get things sorted soon yourside
  13. Guys what happened with the site yesterday it kept crashing ? VJ, Did you receive the email?
  14. VJ i have mailed you the charges breakdown again, Please confirm you have rec.
  15. The set aside application has not been put in yet, It is correct that the application is to be put in the same time as the defence etc that VJ is doing right now?
  16. 2) Have HFO/TR failed to comply with disclosures/legislation/CPR etc? No not that i am aware of, Apart from dropping docs on me at the last minute.
  17. Thanks Yes it had ppi and default charges to a subs amount, VJ copies were emailed if not rec let me know and i will send again.
  18. The hearing date is set for sept 16th but states i can object by 23 aug.
  19. Sorry vj, What had ppi / charges ? Not understanding your question here buddy
  20. No probs VJ, I dont want to bugger this up as it has cost me a small fortune i haven't got already, This needs to be in by end of week as the 23rd is the last day to object to the charging order, Need to get the appeal / set aside in then reply to the charging order same time. VJ would appreciate it if you stick this out with me to the end as i feel far more confident with you onboard.
  21. Sorry guys been camping with the kids over the weekend thought would be able to access on iphone but no signal. Vjohn thanks can i go ahead and submit this?
  22. VJ If i remeber rightly the appeal is £130 and set aside £75, Go for the best option please not price wise, It's a bit too far down the road to worry about £50 difference, The transcript set me back £220
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