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  1. Hi, I am extremely worried about the possible eviction. I have mortgage with Birmingham Midshires. I live in the property with my mother who is 68, wife and four children age from 1 to 6. Back in 2009 I had mortgage arrears for which court granted the suspended repossession order on the terms that I pay £100 towards the arrears every month. which I did. After some time the lender capitalized the arrears. After few years i got in arrears again but situation got worse because how the payment team at lender dealt with my account. I made complaint on 2 occasions. My complaint was resolved by awarding me the payment of £100 on one occasion and another time £250. February last year I was in arrears, I contacted the lender but ended up in dispute on the way my account was being handled. I complaint to financial ombudsman. They contacted me and lender few time. Until today i don't know the outcome. Now i have received a letter from court for hearing on 23rd Jan. The lender has applied to the court for the decision on to "The Claimant respectfully requests that the court make the following Order" "The Claimant permission to apply for a Warrant of Possession pursuant to CPR 83.2(3)(a) and that permission shall remain valid for 6 years from the date permission is granted". The arrears are around £13k. I am in a position to make ongoing monthly payment as well as substantial amount towards arrears. Can you please advise what the lender is asking the court? Are they asking for eviction warrant? I am very worried because if the y get the eviction order on the hearing on 23rd i have no where to take my children to. Please help how can I defend this as well as is this hearing for eviction? If so, how soon this can happen? Have i lost all now? Thanks.
  2. Hi there, Is there anyone out there who can help me? We have a former GMAC mortgage that went over to mortgage Express. We were keeping up with the mortgage until I finally succumbed to my illness and disability. We are currently five months in arrears which works out to be £4250. I was working part time and my wife was working full time and up to earlier in the year keeping up with our mortgage. We thought we had sorted ourselves out with my working part time and my wife getting a full time job a while ago. I had an operation several years ago, that resulted in damage to my spine, this means I take 35 tablets a day, and have fentanyl (type of morphine) patches, oramorph (another type of morphine). I am stuck in a wheelchair now, I am typing from a special bed installed in our bedroom that is like a hospital bed. All this means I cannot really work a lot now. I am waiting for the first of five operations at the start of August so will be out of any sort of working fulltime loop for a few years. I will be able to work part time and an employer is willing to let me do this fitting around all my issues. My wife works fulltime, but had to take a few months off without pay due my being in and out of hospital. overall a loss of income. We have managed to stabilise our position, but need to sort out the mortgage arrears. We were in arrears a few years ago with MX and it was hell. Four of five phone calls a day, refusal to accept a deal, threats of a home visit etc. we changed our phone number, managed to pay off the debt and were debt free for three years. How can I write a letter offering an extra £150.00 a month, which we can pay and try to forestall any action? We had a knock at the door which was out of the blue. It was an advisor and valuer from them. We told him to go away, we were only going to deal with Mortgage Express in writing as our last experience told us they bullied on the phone, never agreed a deal, and kept on phoning us. Despite our telling him to go away, he came back four times, each time was when our neighbours were coming home from work. He would stand outside the house and with a raised voice tell us he was there to deal with our mortgage arrears. our neighbours know our business. Can someone point me towards a letter template our help me out with one to send them as soon as possible? I just want to stop and action which the valuer told us they would do, that being taking us to court for repossession. I know the court might end up giving possession and then stay it, but it is a worry I could do without. I get full DLA, I am as previously stated in a wheelchair. I have four outpatient’s appointments a week, which I know is not MX’s fault, but being thrown out of the house will result in my ending up in hospital. Please help.
  3. Hi and hoping it will be a happy year for most people on here.... I wanted to ask a bit of legal advice. Have a court hearing in 3w regarding a debt to a private lender. Its a serious situation. ie repo hearing cos i secured loan against property. I can't borrow/ remortgage. This asset and contents are all I have. There is equity. But in this bad market and if there is a repo process, who knows... I have been trying for ages to sell my asset and repay debt; it just hasn't happened. Til now. I now in talks with 2 serious buyers. Both sorting finances (cash). Am hoping one will confirm in next few days. The next stage would be to proceed with legals with one of them. But I would not have any funds before the court hearing date. Exchange may be possible? Completion on the asset sale will mean problem solved; oh happy days.... Due to these 2 options - can I ask for an adjournment? Ask for enough time to pursue them? I don't want to go to court and incur more/ huge expenses I can't afford a lawyer and the lender will have a top tough lawyer. I now have medical issues caused by the stress. I think I have to allow 5 days in writing before hearing to ask for adjournment? Is there a cost? I don't want to even consider either of the above options falling through....
  4. Hi I've been getting a number of letters from different debt companies and i stupidly ignored and even stopped opening them. I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill. I however suspect that this debt might be over 6 years as i remember getting into financial difficulties and defaulting when i was on maternity leave six years ago. I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take, but am not sure who to contact regarding how old this date is. It was originally with Lloyds bank and has been passed to different companies. They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet. Any advice on what to do is very much appreciated.
  5. Hello. I received a letter from Marston Group in January 2018, saying I have outstanding amount that needs to be paid to Court. I made enquiry with them. I was informed I committed a traffic offence in Cheshire in January 2017, and I did not reply to any paperwork posted to me nor attend any Court hearing. I asked them which address did the prosecution post the paperwork to, they gave me an address that I lived in 3 years ago. I update my address with DVLA every time when I move house. This is clearly the prosecution’s fault of not updating their system. After delays caused by different departments, I finally made a statutory declaration in Magiatrates Court in June 2018, saying I did not receive any paperwork from prosecution in relation to the offence they were taking about. I was given a copy of my statutory declaration and a copy of the offence details on the day. I now receive a letter from Court, informing me a new trial date. The offences they were charging me are as follows: 1. Drove exceeding the speeding limit 2. Failed to give information relating to the identification of the driver. As you can see, I did not intend not to attend Court hearing previously. What is the likely outcome of my new trial?
  6. Hi everyone, hoping to find some urgent last minute help in this wonderful community ------------------------ Hello everyone, Only just joined the community, but have been carefully following few threads to help with my personnal situation. So far it has been a priceless source of information and I hope to seek further help! I have my court hearing this coming Tuesday at 10am - here is a timeline of events: - Vanquis Agreement dated 05/08/2010 - Last payment made to Vanquis on 30/12/2011 - Notice of debt received by email from BW Legal/Lowell on 13/09/2016 - Letter with CCA request sent on 28/09/2016 - which was ignored - Claim issued by Lowell on 03/10/2016 - CPR18 request sent on 25/10/2016 - again, ignored - Defense sent on 05/11/2016 (copy of my defense attached in the thread) A year gone and never received the documents I asked in order to prepare defence of enter into mediation - DQ filed by claimant on 20/11/2017 - Sent another CPR18 request on 24/11/2017 - yet again ignored - Direction Questionnaire filed on 30/11/2017 Which brings us to present days, and the witness statement receive from the claimant only 2 weeks before the hearing (attached to the thread) - while I have been requesting information since November 2016 ! With the hearing happening in 3 days, I'm getting exponentially nervous about what's going to happen - and how I should prepare to defend myself. I misunderstood the notice of allocation for the hearing and didn't send a witness statement myself... is there something I should do/say at the hearing? Can someone kindly advise on the best course of action for me to get in the hearing with a bit more confidence? I'd like to avoid a CCJ at all cost and just want to settle the debt - but have missed the oppotunities to do so as they failed to send the documents I requested A few questions I have after reading the witness statement several times: - I never received the Notice of Assignment. Statement says "defendant put to strict proof to the contrary" - clearly, shouldn't these kind of documents be sent registered and/or signed for? My gut instinct is to say they should be the one proving they served me with the notice of assignment (their responsibility, isn't it?) - With my CPR requests, I have sent deadline for them to collect and send the requested documents - none were respected. I literally had to wait almost a year and half and the witness statement (just a few weeks before the hearing) to get any sort of documents from them. Is that a point for me to use in my defence? As I've been chasing documents for a while in order to prepare my defence, ignoring my requests and sending these at the last minute should play in my favour? Many many thanks in advance for any help that the community could provide me with I will make sure to keep everyone updated. BW Witness Statement.pdf BW Defence.pdf
  7. I got myself into a spot of bother with the cops. Easy done it seems. Long story. I'm not here to discuss that. I didn't do anything wrong. Idiots calling the cops over nothing resulting in me getting arrested. Anyway, I've had the first hearing and the next hearing is on Monday. My legal aid has not gone though yet. I haven't heard from my appointed solicitor as promised many times, either by phone or to arrange to meet. I expected a call at least today. Nothing! So as far as I am aware they have still not been presented with witness statements and evidence from the prosecution. And in any case I know nothing about the details of the prosecution's case and there is now exactly zero working days until the hearing. Apart from the fact I am considering going with another solicitor recommended by a friend and not WSA... ... where does my case stand with regards to this? Three charges. I'm looking at potentially resisting arrest and verbal abuse to the police as a worst case scenario. As I understand it it's good practise to have the accused, or their lawyer presented with the evidence 14 days prior to the intermediate hearing, or else how can I be expected to reconsider my plea? Anyone know of any nice little loop holes in the legal system I can throw at the judge on Monday and walk out the building for the last time, and extend my middle finger up to the whole thing? p.s. Scotland
  8. Hello, I recently found out I had a CCJ when I received a notice from the bailiffs. The notice was sent to my current address but turned out that the CCJ was sent to an old address. I immediately contacted the county court where the order was given and a very helpful court clerk told me to what to do. I completed the required form to stay the high court action and requested hearing to set aside CCJ. I now have a court date in April for set aside hearing Background ------------- I had been in dispute with a previous employer from around early 2014 where they claimed they overpaid my salary after I left the company. I disagreed with them and asked them to prove this other than with an itemized list of payslip transactions that made very little sense. They later passed the debt collection to a firm of solicitors after a few months. I argued that the payment made to me was as a result of monies owed from share options and other schemes I was part of when I was employed and which had to be liquidated when I left. We have been going back and forth on the issue for over 2 years mainly by email communication. During that time I moved to a new address. On a number of occasions during the email exchange, I referred to the fact that I had changed address - not explicitly - but in statements like " I have just moved house and my papers are in the loft" etc. in July 2017, I got a letter through the post at my new address to check my address, I called back and left a message on VM saying Yes I had changed address. I didn't hear back and the next thing was the bailiffs notice I received in December for CCJ issued in September. My argument for set aside was that the claimant knew I had changed the address so had no excuse for sending the claim to the wrong address. The bailiff was able to get my new address. I also mentioned that I called them to notify them of change of address when I received a letter asking me about it. I also stated that we had been in dispute for several months and I believe that given the opportunity I would have successfully defended the claim. After I had put in the set-aside application, I requested a copy of the original claim. The claim stated that I was overpaid salary in February 2014. This is one of the arguments, I had with them. I had shown them a copy of the payslip for February which showed the payment from the employer of the sum total of £247. They stated I owed £2400 or thereabouts. In one of the correspondence, they had agreed that they made a mistake about the month and it was in fact April. THis is correct. I.e. Money was paid in April 2014, but I disputed what the payment was for. In the claim used to secure the CCJ, they have repeated February 2014 as the date overpayment took place. My question is whether to just stick with the fact that February 2014 was the date stated in the claim and I can easily prove with bank statement and payslip that they did not pay me the sum in February. Will the judge allow me to introduce evidence not mentioned previously? Since I was unaware that they were repeating the previous pay date of February, my defence put forward on the N226 was that we were in discussions and they had not proven that I owe them the money. I also offered to have the matter mediated by a body like ACAS to get the matter resolved. If successful, can I claim the cost of N226 and litigant in person? Many thanks for staying with me so far and look forward to your words of wisdom.
  9. Hi I'm considering taking someone to small claims court over a faulty TV that they've sold me. I was just wondering if it's possible to inlcude filling and hearing fee as part of my claim? Also, can I claim anything for the income I'm going to lose for attending the court? If yes, how much? many thanks
  10. My partner has Autism and OCD, this was not taken into consideration at any point of the Court Proceedings, does this constitute to an unfair trial ? Is it against the rules to have the Same Judge at your Appeal hearing, as at your original trail, in the (secret) Family Courts ? If other rules were also breached, causing an unfair trial, can I subsequently take any action in respect of these ? Any help or advice would be much appreciated. Many Thanks
  11. Hi I've been posting on a different site about this but help seems to have dried up. I'm keeping things vague as I don't want to tip their hand. Last year I complained about IL to PDUK. Extremely close to this time, probably passing in the post was a claim form from BW about a £100 loan outstanding from PDUK. I informed them it was in dispute, sent off the usual CCA request and CPR naming agreement, default notice and assignment. My defense stated the account was in dispute and that BW had not supplied docs or CCA. No response from BW. DQs were exchanged, I reminded them no docs had been sent. During this time PDUK took a very long time to turn down my complaint, I escalated it to FOS. Mediation comes and goes as no docs had been produced. BW finally supply reconstituted Agreement 3 months after CCA request. Still no Default or assignment. Hearing date set, BW pay court fee. Im now preparing witness statement, still awaiting FOS outcome they are waiting for docs from OC. Not sure how to proceed with witness statement. I know how to write it but am not sure what legal arguments I should flesh out. Anyone know mistakes BW may make and or arguments I can use on my WS? Also what mistakes may have been made on their reconstituted agreement?
  12. I work for a large national company and am facing a disciplinary due to absence. The company policy is if you are off 3 times or more or off for 3% or more of your total work days in a 12 month rolling period it triggers a disciplinary. I have been off on three separate occasions and a total of 20 days which equates to 9.85% of my total days. On each occasion I have gone through the correct reporting procedure and obtained the relevant doctors certificates where necessary. I have been informed this morning that I will be invited to attend a disciplinary hearing and it could result in a formal warning. I've no idea if this is allowed so I'm hoping someone more knowledgeable than me can give me advice. Thanks in advance for any replies.
  13. If anyone could give some advice on this I would be great. Following loss of my partner in August I had a nervous breakdown had to go into hospital for a week. My parents had to take care of my children and its been a pretty devastating and traumatic year, given the nature that he passed away. We are back on track now and rebuilding our lives I was out of work for a few weeks and inevitably have fallen behind on a few things. One being council tax, I missed 2 payments totally £84.44. I'm sure I spoke to them on the phone at the time and told them what had happened and that I was struggling i have received a 'south East Surrey Petty Sessional Division Summons for non-payment of council tax' - the summons requires me to attended a local magistrates on 12 December at 9.30AM and includes court costs of £50.00. Any advice would be extremely well accepeted!
  14. I have a joint account overdraft debt (First Direct) from 2005 which has been on my Payplan DMP since 2011. The current DCA (Arrow Global) appointed Restons Solicitors who sent Claim Forms to both me and the other party, my ex. Payplan sorted my reply offering £1 per month. I didn't realise that my ex needed to send Acknowledgement of Service and I told him, wrongly,that I had it sorted with my DMP. The claimant rejected my offer and the court issued me a judgement by determination for £20 per month. My ex was sent a judgement by default. (The amounts on the two judgements were different, and on his default judgement it stated he'd paid £1, which he hadn't - it was my £1 from my DMP). I subsequently applied for a redetermination as I thought we would each submit budgets and he would start his own DMP and we could get the monthly payments reduced. The redetermination hearing is next Wednesday and states both me and my ex as defendants. My ex is long term unemployed, on jobseekers allowance and housing benefit. I am 58, self employed, on a low income and in receipt of working tax credit. Neither of us has any property, savings, assets, insurances, or anything of value. The debt is the second smallest on my DMP (total debts £24.8k). My ex is furious that he now has a CCJ and refuses to attend the hearing and refuses to do a budget. I feel responsible for sorting out the mess. My girlfriend has now offered to pay the claimant in full & final short settlement if the claimant will agree that no further liability is due from either party. Total being claimed is £461.80 plus £107 costs, so £568.80. After a couple of offers and counter offers, Restons said on 22nd Nov they would accept £422.85. I offered £400. Restons say they are waiting for Arrow to decide whether to accept my £400 offer. They're both dragging their feet unnecessarily I feel. Since it's less than 5 days before the hearing it's too late to apply to "vacate the hearing" so I must attend the hearing, alone. I need to email the court to tell them of this new development and also include authorisation from my ex. I want to email the court today or tomorrow latest to tell them about my offer, also including email from my ex authorising me to do that, also that the delay is down to the claimant. How should I word my email, how should my ex word his email, and since its a redetermination hearing that I applied for, how will the offer of short settlement affect the hearing especially since my ex won't be there. I know I ought to have sorted this out sooner but I have ADHD and also long-term depression, which makes life difficult sometimes. When I originally got into debt, before my DMP, things got so bad that I had a breakdown I'm better now. I've spent hours and hours looking up civil court procedures, protocols, practice directions, legal processes, advice websites, CAB signposted me to RCJ free advice session and they suggested I attend the hearing with my budget, which I will do. I just need to know how to handle communicating with the court about the changes, and at this late stage I can't afford to make any more mistakes. Any relevant advice much appreciated. Many thanks
  15. Hello, I have an eviction date of 13/07/2011, i am £7500 in arrears with my mortgage the original repossession hearing was back in 2005/2006, since then I have had a very poorly baby, been very ill myself and still have problems with my blood pressure and liver. NRAM have issued an eviction date and i have complied with them and provided all my I&E details. I rang today to make my normal payment the gentleman stated that they have made a decision and that i need to pay £4k off the arrears and increase my offer of overpayments, they are stating that i have in excess of £500 surplus income a month.... ..i deffo cant find this surplus in my bank! I have offered to pay £200 per month on top of my normal payments. I am not able to pay the £4k and they have suggested that i contact the court to let them decide. I am petrified that i am going to lose the house, i am married and have two children age 10 and 5, we do not have any family support so there would be no were we could go to. I have admitted to NRAM that i had not been prioritising my debts and that I have since seeked advise from a financial advisor and that i am in the process of dealing with our debts with payplan. I have made arrangements to go into my local court on friday to fill in the form but im not sure what details i need to provide. Can anyone help?
  16. Hi all, I have received a form N244A notice of hearing of application today for a hearing scheduled for 20 Oct 17. This is in relation to a Tomlin Order that i had been paying monthly since april 15. In may this year i was signed off from work due to ill health and only receive statutory sick pay at approx £400 per month. (i am still off work) I contacted all my creditors and informed them and all were happy with token payments (TPP set up via stepchange) I contacted pestons to tell them and offered them a reduced payment of £20 per month until i was back in work when i would continue with the agreed 200 a month. They wanted bank statements, employers letters, GP letters and various other bits of paper. i didn't supply them with any of it - they already have too much info on me in my opinion. This is the reason for the N244A arriving today. Can i apply to the court for a variation at this stage or have i missed the boat on that one? If so do i need to do anything or wait until the imminent CCJ is served on me? Any advice will be greatly appreciated.
  17. JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time. My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression. During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking , it was as if the decision was already made before I walked in there, the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment. I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks
  18. Hi folks, hope someone can give me some advice please. I missed a month's direct debit for my electricity supply from edf; they cancelled the direct debit and gradually I fell behind. I used their online chat application and 'spoke' to an operative - I said that as I'm paid weekly I'd be able to repay the outstanding amount at £25 per week, ie £100 every four weeks. The lady said I had to pay by direct debit, £100 a month I said I'd rather pay weekly and she said that she would note that on my account. I set up a standing order and have paid £25 every Friday for the last probably 4 months. The outstanding was about £400-ish, sorry I can't remember exactly. I started getting letters from edf saying I had this outstanding balance that needed to be paid off, then would come home from work to notes through the door from debt collectors saying they'd tried to gain access. This morning I had a letter through the post from Resolvecall saying that they are applying for a warrant to come into my home and fit a prepayment meter and the hearing is on 12 October at my local court house. The amount they say is outstanding is £431.41 I read the meter and sent it to edf last week to see where I was the bill was in the region of £600. Resolvecall letter is dated 25 September and I read the meter before that so their info is out of date. I'm paying this as quick as I can and now I'm worried sick. What should I do please? Thanks in advance
  19. Made an application to set aside a judgement for a CCJ from a company called MOTORTRADES.CO.UK. Received a letter from the court yesterday stating hearing had been set for July 28th 2017 at 3.40pm allowing 20mins for the hearing. I suffer heavily with anxiety so was wondering what to expect at the hearing, the company involved I have found out has since closed up shop so doubt there be any resistance to the set aside application. I have also found loads of complaints on this company online where they have conned people into setting up advertising and websites but not actually done as they had claimed. Loads of examples easily searched and printed off.
  20. Hello there Utility company is billing me for tenant’s usage – I have rented a house that I never actually ever got to live in! The first tenants registered the utilities in their name, the next tenant who moved in did not. The Tenant moved into property for approx. 12 months and did not register with Gas and Electricity provider. The tenant moved out of the property and EON I assume have found my residential address from land registry and wrote to me in February advising that there is a £1400 outstanding bill. I contacted them and advised that the tenant was responsible and provided them with her details I had on file. I heard no more from them in July 17 I received another bill from them and then a money claim online order for the outstanding amount. This time billed up until June 2017 so I assume that a standing charge is being added. I have looked at a few sites and think that I might need to do the following, I wondered if anyone else has had this problem and if so how it was resolved. I have completed the response pack to advise that I will defend the claim and I now have a further 12 days to file a defence, I was thinking the relevant points for the defence would be; I have notified them of the tenant’s details that I have Name DOB and time at address. The tenant is responsible for the utility bills as stated on the paperwork the tenant has signed. (This was a single family let and not shared accommodation) Is there any further relevant information I should include? Has anyone used a good solicitor to deal with these issues or do people normally file their own defence? I have also seen that a few people with utility issues have submitted a subject access request to obtain the actual readings that have been taken at the property should I need it later bearing in mind it takes up to 30 days to receive the information. Thanks for reading and any input gratefully received.
  21. Just a question, after sending off an ET1 to the Employment Tribunal, is it normal practice for them to email you to state that you have a preliminary hearing?? I have never heard of this before.
  22. Hello I sold a car and posted the logbook with the new owner’s details to the DVLA by first class post. (next time I will record delivery – lesson learnt). I received a failure to insure wrote back to them with the details of the new owner and explained that I had written to him to ask him to provide the details of his insurance . I had already informed DVLA that the insurance company he said he was insured with (but not the policy numberI have no proof other than his word that it was insured). The next thing I had through was a court judgement for failure to insure. I contacted the court to advise that I had never received a summons. I completed the appeals procedure and now have a court hearing for a weeks’ time, it says it is a hearing to enter a plea of guilty or not guilty. I did phone the court to ask if this is the time that I need to bring my evidence but the helpline advised they was not sure! the new owner contacted DVLA to advise that he was indeed the new owner and confirm the date of purchase (3 months before the offence) The DVLA have written to me to confirm that he has contacted them to advise he was the owner at the time of the offence but they have written to advise me that as DVLA have me listed as the registered owner at the time of the offence they are still pursuing me. I have read on a few forums and people with similar problems and it seems to be; Informing DVLA by post is the only requirement for me to have complied with the notification. X I have a witness to the posting of the logbook. Has anyone been through a similar process? I am currently looking at a couple of court hearings that the DVLA have been judged against which I think might have useful judgements to refer to. if no acknowledgement contact DVLA has no authority at law in fact the case of Duncan Peek at Horsham County Court in April 2010 it was stated that DVLA had NO STATUTORY POWER for anyone to ring them. Likewise in the case James COLLINS in October 2009 ( Liquid Knights long post) at Clerkenham District Court one had not to prove to DVLA that letter re SORN sent. Up to DVLA to prove otherwise. Any comments or pointers gratefully received, especially for the court hearing. Many thanks for taking the time to read this post.
  23. I have a case with PRA, made a CCA request for information and deeds of assignment, they only write a letter to say they have requested for the information from OC and the deeds of assignment is a confidential information consisting of their business secret, but they agreed in the letter that they will bring it to the CCJ set aside hearing but they said they will blank out confidential info. What defence options do I have in this scenario ? No CCA request was honoured What happened in case the deeds has been altered as stated Also the fact that I have not been given opportunities to review the document before hearing ? If they are challenging my set aside application, I have not been presented their WS?
  24. Hi So far having followed threads on here I've managed to deal with a hoist claim on a card from 2005 for £1800 before court fees on moneyclaim online for £2800. They were supposed to have paid a fee by 15th June otherwise it would be struck out similar to a thread on here by "musicam" I rang the court a few days after said date and they hadn't paid although the lady said there was some leeway in case they had paid by cheque. I rang again yesterday still having heard nothing expecting to be told it was struck out but was informed its going ahead as they have paid the court fee. How they are allowed extra time to do this when I have received a letter stating it would be struck out by 15th June if the fee is not paid I have no idea ?! today I received hoists witness statement. I wonder if it would be ok to send the witness statement "andyorch" provided for "musicam" as the cases seem pretty much the same. In mine they also rely on Carey v HSB and concede what they have is poor quality and illegible. They also have no default notice from the original creditor Barclaycard, only a default notice from mercers dated 18/3/11. Despite the default from mercers being 2011 - The last payment to this card would have been nearly 10 years ago with no contact since - is it too late to add any statue barred defence to this witness statement ? Athe court date is the 2nd week in July. Does my witness statement have to be in 14 days before which makes it pretty much now ? Hoist also made an offer to accept £1508 full and final settlement when they sent their "evidence" which makes me think they don't really want to go to court. Am I ok to go with ? "IN THE ******* county court Claim No. *********** BETWEEN: Claimant Hoist Portfolio Holding 2 Ltd AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claims form from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. 6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______" Any advice appreciated For Info The original defence provided my myself was "1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted I have in the past had a contractual relationship with MKDP LLP (Ex Barclaycard). 3. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received. 4. On the 18th January 2017 I made a legal request by way of section 78 request to the Claimant. The Claimant has yet to comply with the requested agreement. I have also requested further information to clarify the claimants claim by way of a CPR 31.14, again the Claimant has yet to comply. Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) show and evidence any breach. 5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief."
  25. I have issued a summons to a builder who has damaged my property. He appointed a firm of solicitors and I will be representing myself. All paperwork has been filed and the court hearing is scheduled in two weeks. I received this morning from the defendant a Notice of Change of Legal Representative, whereby now the defendant shall be acting in person. I just wanted to check with the experts, whether the defendant is able to file such two weeks prior to hearing and is this compliant with court procedures. I have a strong case, it just odd at the last minute his solicitors are terminated when they have been acting on his behalf and filed his defence paperwork and featured in all communications. thank you
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