Robinson Way chasing old debt

[steven4064]

Yes, notify the court by phone and in writing.

[Floppy Poppet]

Sorry it has been so long, but we have been waiting for R&W to get in contact with HFC, to find the original agreement. Today we reicieved a reply from their solicitors and they have found it and sent us a photo copy of the agreement.What will happen now will we have to go to court over it? And what are our chances of having to pay the whole amount including interest back? They had 28 days in which to contact us, the letter was dated the 23 June 08. We had a print out in that time of phone calls ect. The letter about the agreement arrived today.

Thanks in advance for any advice.

FP

[steven4064]

Can you post what they have sent you (personal details removed)

[overdone]

subscribing..

[emmaf01]

subscribing.

 

Don't worry, FP. All is not lost. The people on here will help any way we all can.

[Floppy Poppet]

Thankyou Emmaf01. I have saved the documents as files but I am not sure how to get them on here. I feel like a doughnut!

FP

[Floppy Poppet]

I think the documents are attached to this post. Again thankyou all for your help. Hope to hear back soon.

hfc agreement.doc

hfc agreement 2.doc

Edited August 12, 2008 by Floppy Poppet

[emmaf01]

They didn't work on my computer- not saying much as I'm a bit inept.

 

Can someone else take a look?

[steven4064]

THe agreement in post #52 is properly executed and therefore enforceable. There is still the requirement for a notice of assignment and default notice. Any news on those fronts?

[Floppy Poppet]

No nothing the letters above arrived on Saturday, we have had nothing since. Should I phone the court and see if they have heard anything?

Thanks again Steven.

Lol Emmaf01 thanks anyway.

[Floppy Poppet]

I still have not heard anything. Do I just leave it?

Thanks

FP

[CG7]

subscribing - it leaves you speechless doesn't it. cg

[Floppy Poppet]

? Cg7

[Floppy Poppet]

Today we have had our Notice of Transfer of Proceedings, it goes as follows.

This claim has been transefered to blah blah Court to deal with the claimant's application to lift the stay.

That court will refer the application to a judge, or, if there is to be a hearing, will send you and other parties notice of the time, date and place of hearing

You will be sent a copy of the judge's decision.

This is also what the other letter say's.

IT IS ORDERED THAT:-

The application to lift the stay and strike out the defence must be heard on notice to the defendant. Transfer the action to the Defendants home court.

Note: A party affected by this Order may under rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under rule 23.10 within 7 days of service of this order.

What in all that is holy is this about?

Please help.

Thanks in advance

FP.

[Floppy Poppet]

I have just phoned the court and now I understand that they want to throw our defence out of court. What can we do now? We are also waiting for a court date.

Thanks FP.

[steven4064]

who wants to throw out your defence? and why?

[Floppy Poppet]

Robinson and way, for an old debt. Why I am not sure.

Thanks

FP.

[steven4064]

Presumably they have asked foryour defence to be struck out under the CPR - do they give a reason?

[Floppy Poppet]

All they sent was as above. I got our defence from your advice on here and sent copies off to them. They managed to find the original agreement from the loan.

[steven4064]

Get the court to send you a copy of RW's application

[Floppy Poppet]

It has been sent to our local court, can I phone and request a copy?

Thanks

FP

[steven4064]

I would try

[Floppy Poppet]

Thanks I will in the morning.

[Floppy Poppet]

The RW application arrived this morning.

[Floppy Poppet]

I have spoken to the court and they said the hearing will be sometime in January 09. I really am stuck now as like everybody we dont need a CCJ. Please help.

Thanks in advance

FP.