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  1. Hi All, This is a long story so I firstly apologise for this but any help would be much appreciated. It begins with a domestic dispute between myself and my now husband. I got him arrested for pushing me during an argument and the police put an order stopping him from living or communicating with me until the court hearing. It was a scary time for me as although I still stand by my decision the police were very bad in dealing with this and told me that he could go to prison. I decided that I require legal help and on the advice of a friend contacted a solicitor in Watford. I called and after explaining my situation had an appointment. I had an hour of the solicitors time (please note that I signed nothing and did not pay a retainer, his costs and fees were never explained to me) and he advised me that he would contact my husband's solicitor. I was confused as this would be a break of the condition of bail which could send him immediately to prison and pulled the solicitor up on this:mad2:. He had already sent this e-mail and helped me with a letter to send to the police to ask them to drop the case. Soon after this the case was dropped due to lack of evidence and I received an invoice from the solicitor informing me that his fees were £350 but call it £300. I was shocked as I had an hour of time, an e-mail which he never should have written and a letter to police written by him. I asked for the breakdown of fees in a letter and did not hear a reply. I received the same invoice along with notice that if I did not pay within 28 days he would go down legal routes. Again, I sent the same letter asking for the breakdown of costs. Three weeks ago I had a very heavy knock at the door from a bailiff Marstons. I did not get to the door in time and a letter was shoved underneath. It was for a bill of £550 and for the removal of my goods. I immediately did a credit search on myself and saw that I had one CCJ from Watford County Court for the money owed to this solicitors in January of 2011 for £350. After doing more research I find that I have a case for the CCJ to be set aside. I am not entirely sure how to go about this all. I do not want to have another court date to deal with after everything I sent through last year and am now wishing that I just paid the amount even though I disagreed with it. Does anyone have any advice on this, the fact I signed nothing and the fact that I have not seen any information from the courts? At present I am so worried about having the CCJ on my record I would pay the amount if I could get it removed and this would go away. Is this possible?
  2. Hi, it was suggested that I start this post off as a new topic. I have searched for but have not found, though I'm sure it will be here, advice regarding a County Court Claim form that I received after the 5 + 14 day. The dates concerned were the Issue date 27th August 2010 and date of receipt 18th September. I used moneyclaim to send an acknowledgement of service on the day I received the claim ie the 18th September. I called the court office in Northampton who stated that as my AoS was received after 19 days judgement had been entered against me and that it was an issue for me and the Post Office, perhaps true but not very helpful. My post is on redirect by the way but I'm led to believe that this should not cause a significant delay. I am about to prepare a form N244 but require assistance from those more experienced with regard to my response. Is it sufficient just to state on the N244 that the claim form arrived late? I'm sure many people reply late either for many and various reasons but it does seem a rather lame excuse. I'm happy to add particulars of my defense as well but am unsure whether or not it's necessary at this stage. I have the envelope in which it arrived but there appears to be nothing on it that would indicate a date. Any assistance would be gratefully appreciated. Scrible
  3. I’ve since found out that ignoring your financial issues does not make them go away as they stink really bad (like rotten Egg) Anyway, I need some pointers on how to proceed with this situation please! Background I passed my MBNA credit card account to a company called Cartel Client Review in summer 2008 to review and they deemed it unenforceable because of the faulty agreement so they passed it on to CCLS who instigated a dispute on my behalf. As far as I can know, a SAR was done but I now don’t have access to whatever info or docs that was received (or not) from MBNA as CCLS were closed down in March 2010 and Cartel! I have been in contact with Gordon’s Solicitors (who were appointed as administrators for CCLS) and they are unable to find my file. Issues In April 2010, I received a claims form from MBNA, at that time, I didn’t understand what all this was but I filed an AOS and didn’t do anything else i.e file a defence as I thought that MBNA or indeed the courts would need to send me more stuff before I take the next step! Naïve!! Apparently, a CCJ was awarded against me for the account by default in May 2010 but I never received any notification of this! Nothing from MBNA/Optima or the courts informing me that this had happened. The first I knew of this was in July when I received a letter from Optima informing me that they had applied for an interim charging order and that there was going to be a hearing on the 8th of Sept! I then received a B132 notice from the Land Registry informing me of an application to enter into an agreed notice. This obviously got my attention and I knew there and then this was not going to go away unless I tackle it. I went to for the hearing on 8th Sept thinking I was prepared to defend the claim and the CO application. I had written out a well prepared defence bundle labelling all the evidence and so on but the Judge was not prepared to listen to me at all, he wasn’t interested in my statement or the evidence bundle I had given him. He kept on repeating that we weren’t here to discuss the claim (CCJ), just the CO and I kept on saying I didn’t understand! The Judge wasn’t interested in the fact that I had not received any notification from Northampton regarding the default judgement in May. So he granted the final Charge Order and awarded £266.00 cost to MBNA. He did advise me though to apply for the previous judgement (CCJ) to be set aside as I hadn’t previously defended it and my case (which he had before him but cannot look at) had not been presented before a judge to assess. After the hearing, the MBNA Sol approached me and said he wasn’t able to advise me as he was representing the other side but that I should read between the lines of what he was saying. Basically, he applied that I should appeal the original CCJ and ask for it to be set aside explaining the reason for the late application. He said if it was set aside then of course the CO would become irrelevant. He said it was worth a try since I had already done the groundwork with the evidence pack I had produced for the CO hearing. From the little I’ve read on this, I’m supposed to use the N244 form with a £75 fee to apply for judgement to be set aside. But what reasons do I give? Has anyone had experience of this? What else can I do? Thank you.
  4. Urgent Help Needed Please Re Egg Claim!! I received a claims form dated 25th August from Aplins Acting for Egg Banking PLC on 3rd September. I filed an AOS on the 6th of Sept stating I was going to defend the claim. I sent off two CPR 31.14 Request letters dated 10th September to Aplins and Egg. I have received nothing back from both of them, not even an acknowledgment. Brief Background This credit card account was taken out in 2005 online so I never signed an agreement (although there was a page after the application that stated that ticking the box will be construed as signing the agreement (not exact words) but they never sent me any paper agreement to sign or Ts & Cs!! In 2008, I passed this account to Cartel Client Review and they stated it was unenforceable and they passed this on to CCLS who instigated a dispute on my behalf. As far as I can remember, they did a SAR. Things didn’t move fast enough for me as CCLS were closed down in March this year and Cartel! I have been in contact with Gordon’s Solicitors (who were appointed as administrators for CCLS) and they are unable to find my file and documents! So I have absolutely no access to whatever information CCLS got from Egg! I am now starting from scratch especially since I received this claim. Issues 1) Does anyone know for a fact if I have 28 days + 3 days or 28 days + 5 days to file a defence? If I have just 28 days from the date of Notice then my defence is due tomorrow 22nd September. OR If it’s 31 days then my defence is due on 25th September OR if it’s 33 days then it’s due on 27th September. 2) I have read the different posts on this site extensively but I’m still confused. I thought I knew what to do but now I’m just more confused! So should I: a) Use form N244 to apply for an extension of time to file a defence based on the fact that the claimant and its Sols have not sent me the requested information. b) If taking the above step, would I need to add a draft order to this? If yes, what should this say? c) Should I just file a defence stating I am not able to file a proper defence as the Claimant have not supplied me with the information I requested to file my defence using the words below which I found on a post here. i) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. Further, no documents supporting the claim in the particulars have been offered. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim. The Claimant has failed to respond to the Part 31 request. ii) It is Not admitted that I signed any agreement with Egg . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. iii) It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 ("the Act"). It is not admitted that any alleged Agreement is enforceable within the terms of the Act. As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its’ inception. iv) Further and in the alternative it is not admitted that the sum claimed is lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how it is asserted that the sum claimed is contractually owing. v) Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed. vi) In view of the above, it is denied that I am indebted to the Claimant as alleged or at all. Statements of Truth I believe that the facts stated in this defence are true. Signed xxx 3) I have just now noticed that I did not specify a deadline date for the information requested from Egg!!! How damaging is this? What should I do? Please see an extract below: ……Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of documents below: ……… If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order……….. 4) I specified in my letter to Aplins to supply information within 7 days, this deadline has now gone past. What steps should I now take? Extract below: You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy………. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order…… I would really really appreciate anyone that can help me urgently!
  5. Hi there Long and short of my case: I moved into a rented flat 3 years ago and paid a deposit to an estate agents. They allegedly paid it into a deposit scheme. After the 12 months the landlord came to the flat to inspect everything and all was good for us to retrieve the deposit in full. Unfortunately to our dismay we found out that the estate agent didn't pay the money into a scheme, used it to uphold their business and went into liquidation 3 months prior. We got advice and it seemed clear to us that the estate agency was working on behalf of the landlord and so the landlord was responsible for making sure that the monies were to be paid in correctly and therefore was responsible for paying us the money back. The landlord refused to pay saying that he paid for the estate agent to handle everything. We filed a small claims case at the local court. On the day of our case the defendant (landlord) didn't show up and a judgment was spoken in our favour for the landlord to pay us the money in full plus interest. Time passed and a court bailiff served the form to Order to Obtain Information. Due to personal reasons I couldn't attend the hearing but was assured that there was no need for me to be present. A letter came in the post today with a summary of the hearing. The defendant claims to be retired (at 36, nice for some!!) so has no income, eventhough we know he rents out the flat we were in. He will now file a Form N244 to apply for the judgment to be set aside. Simple question is: What do I do now? Sorry if after all that, my question is very short but that's all that is going through my head. Thanks in advance. cp1382
  6. My son was evicted on Wednesday 25th Aug. It came as as surprise. He hadn't been aware of any proceedings against him. He works too hard, is often away, and admits doesn't always read his mail properly. He'd been overpaying regularly from the start of the mortgage in June 05 until May 08. Then he'd not pay anything for months and then the odd thousand. So he did know he was in arrears. In May 2010 he negotiated with the bank's solicitors to pay £1,000/mnth. He paid £2,000 in May, £1,000 end of May and end July with another £1,000 going out 27th Aug. On the 26th he managed to speak to HSBC, who said their records say they were expecting £1,000 in addition to the mortgage repayment of £460/mnth (i.e. £1460 ), considered he had broken the terms of the agreement so got an eviction order. We got some paperwork from the court which shows they got a possession order in Sept 2008. They say he had arrears of £5,605. He was unaware of tall of thiis, can't remember getting letters & so wasn't at the hearing. (He was back and forth to the States a lot that year & it may well have all got buried in pile of mail.) There have been numerous errors and corrections by HSBC on his mortgage account. The solicitor's statement submitted for the possession order says his last payment was March 08, when in fact it was May 08 but the bank 'reversed' the payments made in April and May and so these have not been credited to his account. We put in a N244 on Friday 27th requesting access to the property, and that the possession order be set aside. We'd like help in how to put our case to the judge at this hearing so he can get the house back. He now has his parents on board. We'll help financially and help him organise his finances. He works freelance in the Motorsport industry, often forgets to invoice for work done, has a fluctuating income, but should be able to make £2,5000/mnth if he puts in the invoices properly and gets paid. His expenses are around £614/mnth. How can we persuade the judge that things are different now and he won't default again? So far our plan is- -I ( his mother) am prepared to act as his secretary to raise invoices. -His parents will pay for a book-keeper for him. -I've suggest he & I open a joint bank account for the mortgage repayments, so the money is ring fenced. He + parents put money in, and I have oversight of that account. -All bank correspondence, and letters from their solicitor, come to me. Should we make an offer to the bank at the hearing? Or do we just give the judge information about income and expenditure ( which we did send with the n244) and leave it to them to decide? We're awaiting a date of the hearing. No-one has told us about what happens to the debt, does he still have to pay the bank money regardless of all this? Thanks for help. Zaq
  7. My son was evicted on Wednesday 25th Aug. It came as as surprise. He hadn't been aware of any proceedings against him. He works too hard, is often away, and admits doesn't always read his mail properly. He'd been overpaying regularly from the start of the mortgage in June 05 until May 08. Then he'd not pay anything for months and then the odd thousand. So he did know he was in arrears. In May 2010 he negotiated with the bank's solicitors to pay £1,000/mnth. He paid £2,000 in May, £1,000 end of May and end July with another £1,000 going out 27th Aug. On the 26th he managed to speak to HSBC, who said their records say they were expecting £1,000 in addition to the mortgage repayment of £460/mnth (i.e. £1460 ), considered he had broken the terms of the agreement so got an eviction order. We got some paperwork from the court which shows they got a possession order in Sept 2008. They say he had arrears of £5,605. He was unaware of tall of thiis, can't remember getting letters & so wasn't at the hearing. (He was back and forth to the States a lot that year & it may well have all got buried in pile of mail.) There have been numerous errors and corrections by HSBC on his mortgage account. The solicitor's statement submitted for the possession order says his last payment was March 08, when in fact it was May 08 but the bank 'reversed' the payments made in April and May and so these have not been credited to his account. We put in a N244 on Friday 27th requesting access to the property, and that the possession order be set aside. We'd like help in how to put our case to the judge at this hearing so he can get the house back. He now has his parents on board. We'll help financially and help him organise his finances. He works freelance in the Motorsport industry, often forgets to invoice for work done, has a fluctuating income, but should be able to make £2,5000/mnth if he puts in the invoices properly and gets paid. His expenses are around £614/mnth. How can we persuade the judge that things are different now and he won't default again? So far our plan is- -I ( his mother) am prepared to act as his secretary to raise invoices. -His parents will pay for a book-keeper for him. -I've suggest he & I open a joint bank account for the mortgage repayments, so the money is ring fenced. He + parents put money in, and I have oversight of that account. -All bank correspondence, and letters from their solicitor, come to me. Should we make an offer to the bank at the hearing? Or do we just give the judge information about income and expenditure ( which we did send with the n244) and leave it to them to decide? We're awaiting a date of the hearing. No-one has told us about what happens to the debt, does he still have to pay the bank money regardless of all this? Thanks for help. Zaq
  8. I agreed to a Tomlin Order and they haven't paid! The court told me I have to fill in form N244 and apply to have a CCJ entered against them, then and only then can I commence enforcement of the Tomlin Order Schedule. Does anyone know how to fill in form N244 to do this? I know these things need to be specific and I've found lots of advice on the net about filling in applications to set aside Judgements but this is completely different. Any help would be appreciated!! Thanks in Advance!
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