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A & L Trying Court second time


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Best of luck Lynn :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi all

 

Can anyone please clarify two things for me

In very simple laymans terms what is the difference between

 

1) Set a side a Judgement and vary a Judgement.

 

2) If the Judge asks, which I am sure he/she will do If I did take out this loan" how do I get round it.

 

Thanks for all yr support a well wishes

Lynn

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Hi again Lynn,

 

If a Judgment is set aside or reversed, for example, on appeal or because it has been paid within one month, the court will automatically remove the entry from the Register of County Court Judgments.

 

The court must send notification of cancellation to the Registry Trust within three days of the date of the order. The entry should be removed from the Register and from the credit reference agencies' databases within three to four weeks.

 

When a Judgement is made however and an individual is unable to make the payments ordered by the Court, they can obtain a form to vary the Judgement (N245).

 

So... a set-aside is removing a CCJ and the other is just changing the level of payments on an exisiting CCJ.

 

Re. your question.... Until A&L are able to produce a true copy of the document instead of a re-constructed, made-up one, then they are unable to prove the precise Terms & Conditions that you actually signed to the court, including APR and total amount repayable under The Consumer Credit Act, 1974, section 127. If the Judge tries to enforce regardless, then he/she needs to be politely reminded that although section 127 is no longer contained in the CCA, 2006.... it is included in the CCA, 1974... which I believe forms part of your defence. This means that the account cannot be legally re-enforced without sight of it.

 

I'm sure someone will correct me if I've missed anything out.

 

:)

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Hi, thanks Priority, I thought that was what it was, I just needed it confirming.

 

Still no ideas how I get around the Judge asking me if I did take out this loan have you any thoughts what I could say

 

Im feeling really posative this morning

Thanks Lynn

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Hi Bach... try not to worry.

 

The point I was trying to make was that even if the Judge asks you such a question, under The CCA, 1974 section 127.... he/she would need sight of the original signed Agreement in order to re-enforce payments on it.

 

Best of luck for you today.... :) ..... we're all thinking of you.

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Hi All,

STRUCK OUT ON TWO ACCOUNTS

Abuse of the Courts Process

Abuse of the process in Applying the Charging Order.

 

Judge, (extremly nice man) after reading through paper work

said "we seem to have a problem here, this was discharged in April, do they think that they can pick a case up after they have discharged it, I think not."

(hense abuse of the Court Process)

" they have also abused the process of applying for the Charging Order."

Judge says "I am going to discharge it completly they will have to start over again if they want."

 

I did'nt even have to go down the route with the CCA.

So Im going to hold on to that argument for later if needed.

 

Well done to one and all, you've managed to stop a charging order being placed, for the time being anyway.

 

Victory once again for the second time, will keep this thread open, I have a feeling I'll be back in the next few months with yet another fight on my hands.

 

When I get my expenses through I will donate it to the Consumer Action Group, as a thank you to all yr efforts

 

Again a very big thank you for all the time and effort you,ve put in

Lynn

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Great result and if they are foolish enough to come back you still have the CCA.

 

Wonder if the judge will take any action re Abuse of Process.

 

Caggers seem to be having a very succesful week:D

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ballons.jpg Very well done Lynn :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Do you want to change your thread title to **WON** or do you just want to keep it as it is for now?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Okay. We'll leave it as it is for now.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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OK folks,

Why not, after all we have WON so lets change to

WON

 

Iv just on my 6th glass of wine one for

tomtern8,

ODC

rory,

Prioritry One

Having a knightmare,

mollyrOx

Any one Iv missed out I'll have to finish off tomorrow evening

CHEERS' I wish I could share with you all, but I'll never forget all the help I'v had over the last months

Your all been great, thanks so much for support.

Lynn

 

END OF A CHAPTER

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I'd be very interested to see the result of the court order. At the moment, it sounds like he is going to set aside the CCJ as well as the charging order.

 

All good stuff:)

 

If he does set aside the CCJ, they would be very, very foolish to go after you again.

 

Congratulations on doing the almost impossible:) (i.e. winning on a charging order after a CCJ) Enjoy your drink...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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