getting ccj overturned

[robcag]

..... I'm in court at 10.30 tomorrow.....

 

Hi Polly

 

How did you get on in court? (well I hope!)

 

I hope it's a case of no news is good news!

 

Cheers

Rob

[polly55]

Hi Rob

sorry I haven't posted but things have been manic since Monday.

For the good news see my thread

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/120926-charge-my-house-5.html

 

For the bad news, the judge refused my application to have the Judgement set aside and awarded Weightmans costs. I think he felt sorry for me and halved their costs to 700 pounds.

The reasons he gave were that the delay had been too long before my application, and he didn't think I had a good chance of defending the claim anyway.

He found the fact that the dates on the default notices were different was 'very worrying' but apparently the fact that Weightmans had committed fraud cannot be proved even though he had a copy of the original in front of him. Weightmans claimed that forgery was a very serious accusation and the ''burden of proof' was heavy. The judge agreed although he was obviously disapproving. I don't know how much his disapproval influenced his decision to also chuck out Weightman's application to vary the judgement and so prevent them from going for a charging order.

He found it irrelevant that there was no signature on the copy credit agreement as I had obviously signed one. And the issue of the penalty charges was also irrelevant as he didn't find them excessive.

In the final analysis, the application to set aside was an expensive mistake, but I've learned from it. The important thing is that they didn't get the right to go for a charging order.

I would say to anyone else, certainly defend yourself against a claim, but think long and hard about making your own application. Personally, I think I was out of my depth, I think to go that far you really need to get some legal advice.

That's my two penn'orth. I'm certainly grateful for the advice I had on defending the Application to Vary Judgement.

Good luck to you

[polly55]

Hi seq, just bumping:)

[manchester1]

Polly 55,

I am in the same boat as youreslf ,court date has come for a hearing to set aside a judgement , and your case will be very helpful. I might loose but lets give it a go. In your experiance what would you have done differently, or was it just a case of a judge taking side of claimant?

 

Manchester1:)

[polly55]

Hi Manchester

What would I have done differently:

OK, I would have gone to court and defended the case in the first place, which I hadn't done because of ignorance. Secondly, I might have had a chance if I had asked for the set-aside much sooner, one of the factors against me was the delay; the judgement was in July and I didn't put my application in until the following January, this went against me badly.

Thirdly, I have to say, I had very little expert help putting my final case together and certain of my questions which were very pertinent to my case went unanswered on the site. At that point I probably should have sought legal advice (although how I would have paid for it, I don't know).

Has your judgement been quite recent? If you have a thread I'd like to have a look at it, can you post a link?

Regards

Polly

[robcag]

Hi Polly

 

Apologies for not replying before now but I've had a bit of a plateful of other stuff going on recently and I've fallen behind with my subscribed threads, and I bet I've missed quite a few interesting new ones!

 

Sorry to hear you lost the set aside part of your claim. I'm in the same situation of not applying soon after the judgement, but I'll probably go ahead and take the risk. I suppose it's a chance we have to take as 'if you don't ask you don't get', just a pity you didn't 'get'.

 

I think I'll try and emphasise the fact that HFC have applied unlawful charges, claimed interest after issuing a default notice with no agreement to do so, (thereby ending the contract, even though the DN was non-compliant), and have charged interest throughout the life of the account even though there was no agreement to do so.

 

Good luck with your other battles!

 

Cheers

Rob

Edited May 7, 2008 by robcag
changed layout slightly

[polly55]

Good to hear from you Rob. Good luck with HFC, the rotters!

[polly55]

Hey everybody

I'm staying on this thread because all the relevant stuff is here. Weightmans, after failing to get a charging order for HFC have now written to say the debt is now assigned to Phoenix (see link). Now this is interesting. They have told me to stop paying the Assignee (HFC) but this payment is a Priority payment as it is the subject of a county court judgement, and to start making payments to another account, presumably Phoenix'. What are they up to? Can they go for another charging order in another creditors' name? If so, can I ask for the CCA again and all other relevant documentation which I already have from HFC?

Having already chucked out my application to overturn the original judgement, would the court look at my defence if they try to County Court me again?

You can see from my previous experience that HFC invented a Default Notice, with different dates from the one they actually sent me as HSBC.

 

I would appreciate any expert opinion. Thanks

 

http://i253.photobucket.com/albums/hh67/polly55_photos/weightmansp1June08blanked.jpg

http://i253.photobucket.com/albums/hh67/polly55_photos/weightmansp2june08blanked.jpg

[robcag]

Hi again Polly

 

Join the club

 

There are quite a few people on here who have had HFC/Restons/Weightmans accounts/claims (including some which have already been 'won' , and others which have been 'lost' and already have a CCJ/CO against them ) 'assigned' to Marlin/Phoenix (I am assuming Marlin is involved with yours?).

 

Most, if not all of us are a bit perplexed, as you are!

 

Have a look around and you will see what I mean!

 

Cheers

Rob

[rory32]

They have told me to stop paying the Assignee (HFC) but this payment is a Priority payment as it is the subject of a county court judgement

Exactly which means they should not have assigned it to Phoenix. I would contact the court and inform them of this. In the mean time continue to pay HFC. Only the court can change the terms of the judgement.

[polly55]

Hi,

phoned the court today, they told me this is normal and legitimate and to pay the new assignee, especially as Phoenix "are part of HFC". Looks like they own the whole f....ing world. No choice but to pay Phoenix and wait to see what they've got up their sleeve.

Polly

[robcag]

Hi Polly

 

Sorry, but I only just looked at the 2 images linked in your post #108 above as I had assumed wrongly that they were repeats of your 2 DNs posted some time ago . However, I've now looked and I see it is a 'NoA' from Weightmans.

 

It is different than most (although not all) of the other recent Phoenix NoAs in that it includes an amount. It also mentions possible charges which may have been registered against property. AFAIK none of the others have mentioned that.

 

Which brings me to the question that has been raised on other threads; how can the assignment be legal if there is no agreement in existance which specifically includes a clause which allows the debt to be assigned. I don't fully understand all the implications of assignments, but this is one of the issues which has cropped up several times and seems relevant.

 

I don't know if you've come across this angle on other threads, but it seems to be food for thought.

 

Good luck as always

 

Cheers

Rob

Edited July 4, 2008 by robcag
typo

[polly55]

Hi there

HFC won a ccj against me. I tried to get it overturned and failed. After nearly two years of to-ing and fro-ing because of a dodgy copy default notice they submitted in court (with blatantly fraudulent date inserted because original default didn't give me the required 14 days) they've offered to remove the default from my file.

What does that mean in terms of the ccj against me?

Appreciate any input.

[robcag]

Hi there

HFC won a ccj against me. I tried to get it overturned and failed. After nearly two years of to-ing and fro-ing because of a dodgy copy default notice they submitted in court (with blatantly fraudulent date inserted because original default didn't give me the required 14 days) they've offered to remove the default from my file.

What does that mean in terms of the ccj against me?

Appreciate any input.

 

Hi Polly

 

Strange how they're 'offering' to remove the default from your file - why not just go ahead and do it?

 

I wonder if there's something more sneaky going on - like the fact that they've been unlawfully updating the default status every month on your credit file with the CRAs (even though your debt has been sold) whilst the new 'owners' Marlin/Phoenix have been doing the same thing simultaneously (i.e. 2 defaults being reported for the same debt).

 

This is what has been happening to my 2 ex-HFC accounts since around the beginning of 2009, and ISTR that I've seen one or two other CAGgers reporting the same thing regarding their assigned debts. I know it's unlawful but I haven't done anything about it yet (I think there might be a case foir claiming compensation from one or other of the organisations).

 

Do you ever check your credit files?

 

Cheers

Rob

[polly55]

Hi Rob and thanks for your reply,

 

I didn't make myself clear, they are removing the default from my file and I have eight weeks to say I'm still not happy and am going to the FO. I just don't really know what removing the default from my file means - surely the ccj is brought in the first place because of the default - if the default is removed, what is the status of the ccj? or is it irrelevant?