i have just received court papers in respect of a debt for 22249.82, tesco personal finance via incasso solicitors.

[fiveyearplan]

I'm sorry to hear it didn't go your way. I'm in the middle of the same thing and not looking forward to court.

[cups]

Hi

 

I am just catching up with what has happened which in some ways sounds bad but also sounds like the Judge was loathe to fully agree with them and totally support them.

 

I am at court tmrw for an allocation hearing and as with your case Cobbetts have failed to supply any disclosure or any other type of information. It will be interesting to hear what is going to be their tack. I was amused to hear that they do not keep 'copies' of default notices as this seems quite illegal as it is a requirement to keep such documents for disclosure purposes.

 

I am just wondering if this Judge is under the cosh and is trying to clear the decks for more serious cases like repossessions etc, given the economic downturn.

 

I know you are unhappy but it seems to me that the Judge was more on your side. I know it is not nice for them to threaten more action but I would think that if they are going to 'up their game' then they would need all of the relevent documentation to support this case further.

 

If you get a chance PM me what court you went to and the Judge's name.

 

Regards

 

Cups x

[looloo200]

thank you all for your replies. I personally dont think i have a hope of getting the judgement set aside. They only had a valid cca, although they didnt deliver witness statement and statements until 30 mins b4 hearing, the only thing i had to go on was the screenprintouts for default notices, which the judge said was perfectly acceptable and wouldnt listen, thus striking out my defence and granting judgement.

 

There was no question to him that i didnt owe the money, which i had to admit in the end to the judge. however he DID listen to the fact that i had had 18mths reduced payments and hadnt missed any payments (i didnt have copies of the agreement but he accepted my word and their sols confirmed it) and that the court action came out of the blue when they wudnt renew red pyts and that I couldnt understand this and the fact they wouldnt negotiate with me. I told him that the first 6 mths were 205 then 6 mths later, they renewed it and i said i was struggling and THEY suggested i reduced at 170, then it was renewed for another 6 mnths at same. Their sols tried to make out that i reduced the payment without their agreement, which was a complete lie and the judge questioned her and she admitted they reduced the payments to help.

 

I had to hand a a copy of my income etc as produced with cccs and he actually sed he wanted to help me and help me pay the debt off with what i could afford. Through all this action i have maintained payments at 180 to 185 and in accordance with pro rata suggested 185, he said 170 was perfetcly acceptable. Their brought up that I had assets, I sed yes my house i live in, judge sed basically no land registry searches in front of me, no case. She appealed to him again on these grounds, he looked again at the papers and firmly told her that as the debt was unsecured, the original term was 84 months, he didnt find ten tears to pay the balance off unacceptable, with this in mind and turned down sols appeal saying he was using his discretionary powers. It was the judge who sed they cud apeal to a circuit judge. I am just worried this is what they will do, if they appeal do I have to pay their costs again ??? or further, already 1800. i dont want to appeal, personally i wan to pay the 170 and can and will and can just manage it. They are def after CO, and poss order of sale. I cant lose my home. Why cant they just accept what he ordered???. I cant take any more, i am not even over the hearing yet it was terrifying, i am still having nightmares, i am not running up any more debts i stick to a budget and am paying everythin off slowly but im doing it the judge could see this. why cant they leave it. Leave it as it is in ansa to your quest CARO thank u so much. I can pay the 170 I have 2 kids and want to be left alone to pay it all off. which can be done by ten years. I just fear what they will do next and how much costs will be. Please help

[caro]

Just keep making the repayments the judge has ordered. That's all you can do at the moment. If - and it's a huge if - they decide to appeal, and you've continued to pay, I honestly think they will struggle to find grounds for the judgment to be changed.

 

You've crossed one bridge, and at the moment there are no more bridges to cross, so get on with your life and enjoy your children.

 

If you find out they're going to appeal, then you know CAG is here to help you.

 

Don't worry about something that may never happen. Life's too short.