Jump to content


  • Tweets

  • Posts

    • Have we seen your court bundle?   If we haven't then it's probably an idea to post it up here especially the index page and the witness statement so we can see if there is anything which might need adding or changing 
    • "Care to briefly tell someone who isn't tech savvy - i.e. me! - how you did this?" Its pretty simple although not obvious. You open the google maps app > click your profile picture > Click Timeline from the list > click today > choose the date you want to see the timeline from. Then you'll see your timeline for that day. Often, places you have visited will have a question mark beside them where google wants you confirm you have actually visited. You either click 'yes' if you have, or you click 'edit' to enter the actual place you visited. Sometimes, you'll see 'Missing visit' This probably happens if your internet connection has dropped out at that time. You simply click 'Add visit' and enter the place. The internet on my crappy phone often loses connection so I have to do that alot.   OK dx, understood mate. 
    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Sorry  Noted x   Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

getting ccj overturned


polly55
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5180 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, just received intimidating looking tome from Weightmans. HFC's witness statement rebutting everything I've claimed. I've posted this as a link and if anyone's got a bit of time on their hands, could they have a look and suggest what I should put in my response.

 

Good news is, I think, the Credit Agreement, which I've also posted, doesn't seem to have all of the prescribed terms on it. Neither does it appear to have my signature on it either, but I suppose I must have signed it?!? What does this mean?:confused:

 

Sorry about all these links, I'm sure there must be a better way but I dont know it.

 

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img026.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img027.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img028.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img029.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img030.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img031.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img032.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img033.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/hfc%20witness%20statement/img034.jpg

 

http://i253.photobucket.com/albums/hh67/polly55_photos/HSBC%20credit%20agreement/img037.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/HSBC%20credit%20agreement/img036.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/HSBC%20credit%20agreement/img038.jpg

img026.jpg

Link to post
Share on other sites

  • Replies 114
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

could i ask someone i help me with my thread please ??

Northern Rock - loan - £6000

Beneficial credit card - £12+

GM Card - £13+

will have to look up the others have about 21 debtors totalling about £175,000

Link to post
Share on other sites

Hi Polly

 

I notice that in his witness statement Mr Whateverhisnameis seems to be a bit undecisive on the date of the Default Notice, see point 11 on img028.jpg and you will see he has put 27 February 2007 2006.

 

Can you see if the copies of the various pages of the alleged agreement are likely to be taken from opposite sides of double-sided pages, or whether they may have copied your signature page and stored it and then just married up the other pages from generic copies? You could look for tell-tale marks which should appear to match on both opposing sides of each sheet, ie fold marks, or those punch holes which are clearly visible. (Bear in mind they may have punched the holes recently though in an attempt to make the documents look as if they came from one sheet).

 

Rob

Link to post
Share on other sites

i am just reading your documents polly - we are having similar but with hfc/restons - once i have read the letter this evening i will try and help

Northern Rock - loan - £6000

Beneficial credit card - £12+

GM Card - £13+

will have to look up the others have about 21 debtors totalling about £175,000

Link to post
Share on other sites

just a quick point polly - cant find page 3 of the so called contract but page 2 of 4 seems to be a lot longer than the other pages - they wouldnt have edited and added would they?????

Northern Rock - loan - £6000

Beneficial credit card - £12+

GM Card - £13+

will have to look up the others have about 21 debtors totalling about £175,000

Link to post
Share on other sites

Hello Rob

If they punched the holes to make them look as though they're opposite sides of the same page, they've shot themselves in the foot, as holes are all on the left (obviously, would be left on p.1, right on p.2, etc). Also, this is a strange thing. At the bottom of p.1 (which you can't see on the copies I've posted) there is a long rectangular text box, with the words

 

"Page 1 of 4. To be returned together with Terms and Conditions on Page 2, 3 and 4 in the envelope provided"

 

At the bottom of page 2 the box contains the words

"page 2 of 4. to be returned together with your signed Application in the envelope provided.

 

would you then expect page 3, which is a continuation of page 2, to have the same text in the box? I would, but no, it says:

 

"page 3 of 4. To be returned together with Terms and Conditions on Page 2, 3 and 4 in the envelope provided." (page 3 is referring to itself!)

 

Page 4 then reverts to the text of page 2. All very suspect I think.

 

Also, I reiterate, I have been sent a copy of the Credit Agreement which has none of my details anywhere on it or my signature. Do they bring the original to court or what. How can this be any proof?

Link to post
Share on other sites

Hello Rob

If they punched the holes to make them look as though they're opposite sides of the same page, they've shot themselves in the foot, as holes are all on the left (obviously, would be left on p.1, right on p.2, etc). Also, this is a strange thing. At the bottom of p.1 (which you can't see on the copies I've posted) there is a long rectangular text box, with the words

 

"Page 1 of 4. To be returned together with Terms and Conditions on Page 2, 3 and 4 in the envelope provided"

I've just looked at the alleged agreement .doc file in MS Word. For anyone who wishes to view these Word documents, all can be seen if you make some adjustments to the Word page setup for this document! I've just made adjustments to the margins on all 4 edges of the page down to 0.5cm (Also Polly, I notice you have Word setup for US English, as many people unwittingly do!)

I can now see all the bits you describe Polly ;)

 

At the bottom of page 2 the box contains the words

"page 2 of 4. to be returned together with your signed Application in the envelope provided.

 

would you then expect page 3, which is a continuation of page 2, to have the same text in the box? I would, but no, it says:

 

"page 3 of 4. To be returned together with Terms and Conditions on Page 2, 3 and 4 in the envelope provided." (page 3 is referring to itself!)

 

Page 4 then reverts to the text of page 2. All very suspect I think.

As you say Polly, all very suspect. IMHO, if this is all they have then I don't think it would stand up in court, but obviously it would be better to get the opinion of some of the more knowledgeable members.

 

Also, I reiterate, I have been sent a copy of the Credit Agreement which has none of my details anywhere on it or my signature. Do they bring the original to court or what. How can this be any proof?

 

Also,it may interest you to know that (although my alleged agreement is from 1994) the same Mr Whatsisname, describing himself as an employee of HFC Bank Ltd, has recently stated regarding the copy documents sent to me (including an alleged agreement) that "All originals of documents listed above are copies". In which case I think that means that they do not have original originals!

 

Rob

Link to post
Share on other sites

That's because there isn't one among the stuff I've been sent. By the way does this stuff constitute a response to my CPR18 request or are they still in default?

 

Here's an interesting thing. I attach a link to one of the pages of Collection History Display, referred to in the Witness Statement as Exhibit MKD5. It seems to refer to an offer being made to me to settle, at a 28 percent discount at 0 percent interest, over a period of 120 months. I never received this offer (why on earth wouldn't I accept it if I had received it at that time?) Does this have any relevance to my case?

http://i253.photobucket.com/albums/hh67/polly55_photos/img042.jpg

Link to post
Share on other sites

  • 2 weeks later...

hi, what exactly does it mean if the agreement is unenforceable, given that I've admitted owing the amount previously and am now trying to have the judgement set aside? What do you think should be the thrust of my defence, given this fact and in the light of anything in HSBC's witness statement. I'm just sitting down to draft my response and don't want to waste time and energy on irrelevancies. Any suggestions welcome. By the way my question still stands about the CPR response, does their witness statement fulfill their obligation or are they in breach?

Regards

Polly

Link to post
Share on other sites

Incidentally, I've just noticed, the copy default notice referred to in HFC's witness statement (exhibit MKD3) is not a copy of the one that was sent to me on 27th February 2007, which I have found. The one that was sent to me was on HSBC letterhead, the copy enclosed with the witness statement as you can see is on HFC letterhead. Is this relevant?

Link to post
Share on other sites

Hi Polly

 

I can't remember whether or not you posted the default notice in this thread (without looking back through ;) ). Did you do so, and was it established that the DN notice met the requirements?

 

Rob

Link to post
Share on other sites

Hi rob

I've attached the 2 notices. One was sent with the HFC witness statement as an exhibit. One, which is clearly headed HSBC is the one that was sent to me in February 2007. As you can see from the attached copies the 2 letters have the same text, except in 3 aspects:

1) the originating address is slightly different (different PO box no's)

2) different signatories (one is signed Card Services HFC Bank Ltd, the other is signed Collections Advisor HSBC Finance Ltd

3) In the first paragraph the HFC letter refers to an agreement "between you and HFC Bank plc". the HSBC letter in the same paragraph refers to an agreement "between you and HSBC Finance Ltd"

 

I reiterate, the one on the HFC headed paper was NOT sent to me in February 2007 but it is being represented as if it had. Does this matter? I suppose what I'm getting at is that, although HSBC Finance Ltd is a trading name of HFC Bank Limited (as stated in HFC'S witness statement) my original agreement (a true copy of which I have not yet seen showing prescribed terms and my signature) was between HSBC and myself. Let me know what you think

http://i253.photobucket.com/albums/hh67/polly55_photos/img045.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/img046.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/img047.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/img044.jpg

Thanks for your input

Link to post
Share on other sites

surely these are 2 different documents - i think i would let them get to court and then state that they have 'emblished the truth' (lied!) about the document they sent to you and see them worm their way out of that.....surely any judge would see them for what they are?

Northern Rock - loan - £6000

Beneficial credit card - £12+

GM Card - £13+

will have to look up the others have about 21 debtors totalling about £175,000

Link to post
Share on other sites

Hi Polly

 

It seems that they have shot themselves in the foot big-time :o ;) .

 

The 2 DN have got different dates on them for you to remedy the default.

 

The one which you say was sent to you (the original :p ) and which is headed HSBC is dated 27/2/2007 and gives you until 12/3/2007 to remedy, which is only 13 days not the 14 which is required.

 

This is exactly the same thing which happened to me with a default sent to me by HFC on 1/2/2007 and gave me until 14/2/2007, and which pt2537 noticed and pointed out to me with his famous comment of 'game over'! :)

 

What do you think Paul? It looks like the same thing applies here.

 

It seems to me like HFC have tried to cover their tracks with the later default, and possibly commiting fraud in the process, by stating 13/2/2007 to remedy on that DN.

 

I think some expert advice would be welcome on this situation. :eek:

 

Cheers

Rob

Link to post
Share on other sites

Hi Rob

 

God bless you! I didn't even notice that discrepancy. You're right I think we need some expert advice here, but it looks good doesn't it?:D

 

best regards

Polly

Link to post
Share on other sites

Hi Rob

 

God bless you! I didn't even notice that discrepancy. You're right I think we need some expert advice here, but it looks good doesn't it?:D

 

best regards

Polly

Well it looks good to me, but I'm no expert! :D

 

Perhaps you should PM one or more of the more knowledgeable people for some advice on this slip-up and perhaps an explanation of the implications?

 

Cheers

Rob

Link to post
Share on other sites

It seems to me like HFC have tried to cover their tracks with the later default, and possibly commiting fraud in the process, by stating 13/2/2007 to remedy on that DN.

 

Maybe perjury has also been committed as the later DN was supplied with a witness statement which would have included a signed statement of truth.

 

Rob

Link to post
Share on other sites

Hi Rob

How are you getting on with your thing by the way? I was having a look at it today. Do you think I should ask to get this moved over to legal issues as you did with yours?

Link to post
Share on other sites

Hi there

Have a month to go before I'm back in court. I'm uncertain as to how I should approach the whole thing. I now feel that I have to add to my reasons for setting CCJ aside, the fact that the Default Notice did not meet requirements. Also that I have not been supplied with a true copy of the executed agreement and my CPR18 request has been defaulted on. Do I have to put something formal into the court (ie, an amendment to my NR44) or some kind of witnes statement. Could anyone help with my next step? Less than a month till court and I want to be prepared

Thanks

Link to post
Share on other sites

Really interested to hear what happens on this one. I've spent about 4 hours reading the whole thread plus all the links. All the best to you, you're really doing well and I'm sure your efforts will help plenty of others. Good on you.

Link to post
Share on other sites

Hi Rob

How are you getting on with your thing by the way? I was having a look at it today. .....

 

Hi Polly

 

I'm not sure which of my things you were looking at ;) but you can have another look if you like!

 

I've just updated both the CCJ thread and the other HFC thread. As luck would have it I found the original DN for the account with the CCJ on it and it is invalid, the same as yours. I've also recently sent HFC Bank a SAR for that account so it will be interesting (if they comply) to see if they also try and pull a fast one and change the dates like they did with yours.

 

Did you PM anybody to try and get an opinion on the points I raised in posts #66 and #69 above? I think that might be worthwhile doing, possibly being beneficial to both of us!

 

Cheers

Rob

Link to post
Share on other sites

Hi Rob

As I told you in my PM, I'm trying to get some expert advice. A further question I need answered is this: the real default notice which I hold is a copy, I sent the original to Payplan, who inform me that it was shredded and a copy held electronically. They've sent me their copy which is of course the same as mine. As they're both copies, should I get my Payplan officer to sign some kind of witness statement saying it's a true copy of the one sent to them in February 2007. What do you think? I guess if I claim their version is a fake, couldn't they say the same about mine?

Cheers

Polly

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...