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Found 9 results

  1. Could anyone give information on what happens at a set aside hearing i am the judgement creditor lip ccj against active ltd thanks
  2. I brought a car from honda in may 2004, it was a a ex show room car, and I was offered £1000 off the price of the car . How ever Honda finance increased their interest rate from 11.9% to 12.9% to get the cash back from the £1000 discount from the car. Also the copy of the consumer credit agreement I was given is unsigned by honda finance , so would i be correct in that its a unenforcable CCA cheekyone
  3. My solicitor issued court proceedings against a builder. The builder did not acknowledge service so my solicitor applied for a default judgment. The Judge awarded a default judgment for an amount I overpaid the builder and made an order for a Schedule of Loss to be prepared and served on the court and the Defendant. The Defendant then had 14 days to respond to the Schedule of Loss otherwise the Judge ordered that the Defendant was de-barred from arguing any part of the Schedule or the amount. A date for a disposal hearing was also set. The Defendant did not respond to the Schedule of Loss. He then appointed another solicitor (he has been represented on and off in the last 18 months by 3 different solicitors) who asked for me to agree to set aside the first judgment. My solicitor refused and advised that if the Defendant was going to submit an application to have the first judgment set aside then this should be heard at the disposal hearing to save on costs. The Defendants solicitor waited until after office hours the evening before the Hearing and attempted to serve the Court and my Solicitor with a Defence, Counterclaim and Witness Statement. The Defendant failed to have the application stamped by the court and did not pay the court fee. However, a barrister was instructed by the Defendant. The Judge said he could not hear the Application to setaside the Judgment because the fee had not been paid and the documents had not been served properly. The Judge then ruled on a second Judgment in my favour. My barrister had to point out that a Part 36 offer had been put forward to the Defendant's then solicitor prior to court proceedings so the order was made plus costs. However, the Defendant's Barrister did not have any knowledge of the Part 36 offer and it was very clear that the Defendant's current solicitor had no idea either. Now I know that there is a possibility that the Defendant can submit an application to setaside both judgments. The first has a good chance of being granted because he is playing the failure to serve properly card (the court inputted the incorrect postcode on his papers - although the correct address). Obviously I can enforce judgment after 14 days but can only assume the Defendant will attempt to setaside both judgments in the meantime. I would like to know how the Part 36 will affect the outcome and if he applies to have the second judgment setaside what will happen. I have a copy of his documents and they are filled with lies many of which I can prove. What is also concerning is that the Solicitor has signed the Statement of Truth which I think is highly unusual. Any advice would be gratefully received if anyone has a similar experience.
  4. Hi Everyone Please Please Please help! Recap 1) Had beneficial card for over 11 years - never missed a payment! 2) Last summer after 18 months without a job and marriage problems told them i couldnt pay full payments anymore. They accepted nominal payments. 3) 3 or 4 months ago Restons got involved and issued a summons thorugh court. 4) I contacted a 'cheap' solicitor and he wrote Restons a letter but fuc...ed up replying to the court summons. 5) A judgement was made against me and Restons applied for a charging order against my house. 6) My accountant wrote to court saying that HFC had failed to supply me with copy of contract - I did not make a formal request, but the solicitor had asked for a copy due to exhorbitant charges -. Accountant also said HFC were preferring themselves to other creditors etc. etc. I couldnt go to court as i had just started a new job but everything was in the letter from my accountant. 7) Court still agreed with charging order. Restons have now written to me saying I can't sell the house until their debt is discharged and they can apply to court for Order of possession and sale of the property unless I make proper installments etc. Can HFC prevent me from selling and force me to sell????? The first charge is the mortgage company and the second charge is my wife who has 75% equity share, the remaining 25% is my share. I have 3 children aged 5, 7 and 11. The eldest is disabled. Also my parents who are pensioners live with us. If the house was sold quickly today it would pay off the mortgage with not alot remaining in any case. I came across this site too late. It looks like form the previous mails that I should still i still ask for a copy of my agreement in the correct manner but am not too sure what I can do if they can't provide one or justify their charges?? Any advice would be greatly appreciated. Thanks
  5. Hi, I've been having the usual nightmare with Safeloans. I've made numerous offers of repayment which have been ignored, they can't even be bothered to say 'no' to my offers. It's now at the point where they've issued a Claim Form, hoping I'll give in, or they'll get a judgement against me if I don't turn up to court. I've already acknowledged service online, and plan to defend part of the claim. Their Claim Issue Date: 17 April 2013 Amount Claimed: 546.50 Court Fee: 55.00 Solicitor's costs: 0.00 Total amount: 601.50 Particulars of Claim: The claimant agreed to lend to the Defendant under a fixed sum loan agreement dated 25 November 2013 the sum of 200.00. The Defendant agreed to repay the loan upon pre-determined dates between 1 to 4 months. On 24/12/2012 the Defendant failed to repay the Claimant's loan and is in default under the terms of the loan agreement. T he Defendant has agreed to pay the Claimant's expenses and charges in the event of any default as set out in the terms and conditions of the loan agreement. . ...And the Claimant claims:.. 1. The unpaid loan balance 200.00... 2.Interest and loan charges of 346.50.. 5. The claimant claims statutory interest at 8% up until the date of settlement, under section 69 of the County Court Act 1984. .. 4. The Claimant total claim is 546.50..Date: 15 April 2013.... Note: The order of the Claimant's claims (1, 2, 5, 4) is exactly how it appears on the Claim Form. They've done some really nasty cut and paste job. Number 3 is missing. My Defence On 21st December 2012, I attempted early repayment as this was the last working day before Christmas. I made several attempts to pay from two debit cards, but their website refused to take the payment. I contacted my bank who said the payments were authorised and plenty of funds were available, but the money just wasn't taken. Safeloans allow early repayment at a discounted rate. On the 21st December I should have been able to clear the loan with £250. As I work in a rural location with a poor signal, I was unable to contact Safeloans by phone. They close at 17:15 which is before I get in range of a signal. I was able to discretely call my bank, but this took up my entire lunch break. When I was finally able to talk to Safeloans on 27 December, I told them about my payment problems and asked them to accept £250, which is what I should have paid if the site took payment. They refused and demanded I pay all the interest and charges they'd added too. I just hung up. Since then I've sent them numerous written offers of repayment. Most were £51.60 for five months to clear the original loan of £200 plus one month's interest of £58. All of my offers have been ignored. I made a payment of £51.60 last month, and will keep making them until I have paid £258. I think the court would look favourably on this. I intend to admit liability for £258 (minus £51.60 already paid), and then defend the rest of this ridiculous claim. A Counterclaim? I have spent hours writing long emails to Safeloans, all of which would be unecessary if they'd just accepted one of my offers. I freelance as a web developer and these hours could have been spent making money. My hourly rate is £30. Safeloans have also made at least five calls to my place of work. This is embarassing, could result in the loss of my employment, is extremely stressful, and damages my professional image. What costs and risks are there involved in filing a counterclaim? Can I claim: 1. My freelance rate multiplied by the number of wasted hours spent emailing them 2. One month's wages for embarassment, damage to reputation, risk to employment, stress 3. One day's wages for taking time off to attend a court hearing, which was entirely avoidable if Safeloans had negotiated Data Protection Act Safeloans made a massive balls up. In Feburary, they sent me a letter with somebody else's details in the same envelope as my own letter. Can I use this to my advantage? Thank you
  6. I'll be brief, and elaborate more if required Have a CCJ as a result of a Welcome Finance loan that was defaulted on. I completed the admission form offering to pay by monthly installments. I would like to add that at the time of doing this I was dealing with a family illness, I was highly stressed, I barely recall completing the details, I didn't read the small print due to panic, and I had absolutely no knowledge of the system, therefore no idea I had a right to look into this in more detail, get more time, dispute anything. I have made 3 monthly payments. My bad for not reading the paperwork, but when you are in a panic, what do you do? I have got myself a bit more emotionally sorted now, dealt with problems. I have applied for SAR from Welcome finance. I believe there was mis-sold PPI as well as unlawful charges on the account. If I can prove this is the case, do I have a chance of disputing the original amount and getting the case set aside? I can't believe that I didn't read the form properly and have now got a CCJ. My standing would be that had the amount been lower (i.e. without the PPI and unlawful charges) I could have cleared the balance. Also I would want to add that I was so stressed and panicked for other reasons, i could not properly and rationally deal with the situation, but not sure how much weight that has for an appeal to set aside. Please let me know if you need more info to assist me. The judgement was a few months ago.
  7. Hello, My first post on here so please be nice I was hoping that someone might be able to help me with what to do next? I ordered a credit report and there was a CCJ on there that was added in July last year at a previous address that I moved out of nearly 6 years ago and since August 2007. I contacted the Northampton Bulk Centre to find out what is was for and they informed me that is was to do with a company called Westcot in relation to Provident Personal money agreement. I asked how this was possible with no notice or paperwork sent to me, and they suggeseted that I call Westcot to find out, I googled CCJ/Westcot first and came across this site reading some of the posts prompted me to post this before making any contact with Westcot. The court also advised that I may be able to apply for a set aside on the grounds that I didn't receive any paperwork. I have kept some of my old credit reports from as far as 2010 and there was nothing on any of them for Westcot or Provident not even a default notice of any sort. So my qustion is what are my next steps? I am looking to move house soon and I'm afraid that this may stop me from securing a property. Shall I apply for the set aside and also contact Westcot about what it is they have in relation to this debt? If so what's my best approach and any help on filling in the N244 form would be much appreciated. Thanks very much
  8. Dear fellows, As advised I am starting a new thread on the flight that I am about to embark on; the battle to set aside three CCJs appearing on my credit file. Moreover I can see that Nationwide has defaulted my dormant bank account in 2008 completely made up of charges. I will start a separate thread on this in appropriate sub forum. Background: http://www.consumeractiongroup.co.uk/forum/showthread.php?370066-Arrow-Global-Notice-of-Service-by-the-Bailiff-***Suspended*** As discussed in the thread, I made N244 application to set aside one of the three CCJs. Why only one and not three N244 because the first N244 is made as counter attack against N63 received for one of the CCJs. Plan: Now that the hearing date is set for the third week of January 2013, I plan on sending CPR 31.14 request to Arrow Global and this time for other CCJ as well (two out of three CCJs are made by AG) so that to nail down at least two CCJ at the same time. Of course for the second CCJ I need to make a separate N244 application which I will make very soon. Once I have received documents from AG, I will then move with SAR to whosoever the debts belong to. I do not recall any debt from AG or any other creditor. I haven’t had any credit for at least 8 years. The credit files have no mention of any accounts in arrears/ defaults except the CCJ shown spot on. Just to make sure that I have not missed out on any information that I must receive from AG, please advise here the same so that I add it to CPR 31.14 request. Critical questions about the 14 days rule for claimant to respond to CPR 31.14 request: Does this apply to my case where I have the set-aside date coming up in almost 8 weeks time? Is claimant bound to respond to my request within 14 days? If above is not applicable in this case,, then do I need to mention any time frame in my CPR 31.14 request Your swift response would be highly appreciated as I wish to move quickly on CPR request in order to see the evidence AG is carrying against me. Thanks and best regards,
  9. Hi Short posts, simple answer I guess too. I have a CCJ. I have got it set-aside from the courts, and have the paperwork to go with it. What do I need to do now? will the CCJ just go away, or do I need to do something about it? thanks
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