Court Summons from Brachers Solictors.. help

[alangee]

The DN was dated 21st August 2006. Only seven days were required for remedy then.

The change to the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561), when it was incresed to fourteen days, was 19th December 2006.

 

Alan

[orky]

Hi all

 

thanks for the responses.

 

the judge copnsidered both the document and DN contained the necessary terms.

 

the only area he expressed any concern was over the signature of Amex which he considered didn't exist, but felt on balance under section 65 he would give judgement.

 

I didn't feel Brachers comprided me but they had a better prepared case which I struggled to confront. the only area I tried to really focus on was the signature that did not exist and I felt this broke section 61 and it became an unenforceable document. the judge did not agree

 

r

 

horky

[tiokim]

Rather alarming the out come of your case Orky!!

Like me, many others in this forum are pinning our hopes in defective DN and unenforceable CCA.

Why was your case not transferred to your local court?

Surely if you have a defective DN and a dubious contract where you have not seen the original, in my opinium, the course of action has to be to set aside the judgment.

[Docman]

The DN was dated 21st August 2006. Only seven days were required for remedy then.

The change to the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561), when it was incresed to fourteen days, was 19th December 2006.

 

Alan

 

Although the secondary legislation (ie the Regulations) were not changed until 19 December 2006 as you correctly stated, the Act was amended with effect from 1 October 2006. Since the section specifically increased the period from 7 to 14 days, I would argue that takes precedence but I would like to hear other opinions.

[alangee]

I agree with you Docman, but the Default Notice was dated 21st August 2006, so it would still come under the seven days.

 

Alan

[orky]

Hi All

 

Git formal judgement today from Court.

 

this advise me I have to pay to claimant £9189.71 by 30/1/09. The hearing was on the 16/1/08 so not alot of time.

 

I wish to try and set up a payment method via installemnts but I am on job seekers allowance. could I ofer £10 pm.

 

any views appreciated.

 

r

 

orky

[pt2537]

Hi All

 

Git formal judgement today from Court.

 

this advise me I have to pay to claimant £9189.71 by 30/1/09. The hearing was on the 16/1/08 so not alot of time.

 

I wish to try and set up a payment method via installemnts but I am on job seekers allowance. could I ofer £10 pm.

 

any views appreciated.

 

r

 

orky

orky

 

as you have previously advised, you NEED to apply for redetermination asap

 

if you dont then you WILL be in difficulty as the order is a forthwith order which means you must pay immediatly and if you dont then they can go for a charging order or warrant of execution on the debt

[tiokim]

You should have a budget sheet form filled in. Only offer what you can really afford after your basics are covered, if you can't afford anything just offer token payment of £1 until your Circumstances change.

[orky]

Hi

 

Ok PT I will send redetermiation letter today. I assume this is simply a request for them to relook at the case and decided if the judgement is valid?

 

My overheads exceed my income as I am on Job seekers allowance at present. I can only offer £1. i sthe court really going to accepat that?

 

any Views appreciate

 

r

 

orky

[supasnooper]

The letter I posted earlier really needs to be sent NOW.

 

If this isn't done immediately you'll be appealing against an Interim Charging Order before you know it.

 

If £1.00 is all you can afford and be shown on an Income\Expenditure sheet then that is all you can offer to pay.

 

 

The judgment has already been proven unless you wish to go for a set aside of the CCJ.

[orky]

Hi All

 

I have received today an listing to hear my application to pay the judgement by installments. In this normal that a hearing between the defendant (me) and the claimant would be requested?

 

any views on what i should expect?

 

I addition the following day i receoved confirmation that the claimants application for a charging order had been refused but it does not say why and when I contacted the court they could not elaborate just saying your redetermination request will by heard at a hearing as described above. Doesd that seem strange?

 

I assumed that if an application for a charging order was requested there would be a hearing at which point I could try and contest it. Is that correct?

 

R

 

Orky

[orky]

Hi All

 

Any views or opinions on my last Post!!!!

 

Regards

 

Orky

[fluffycloud]

Hi

 

How did you get on??

 

Just reading your thread with interest.