Can anyone tell me the possible implications of this?

[blind-as-a-bat]

Thanks, still wont let me click your scales, but your help is realy aprieciated:)

 

Will update as soon as i hear anything

[blind-as-a-bat]

Went through on MCOL ok, well it did after changing "&" to "and" in sols name all printed out etc

 

 

So sit and wait time:)

 

 

PS- if anyone spots a mistake in it now, i dont want to know:eek:

Edited September 4, 2008 by blind-as-a-bat

[blind-as-a-bat]

Got confirmation from court that defence is filed ok and a copy is on the way to the claimants sols.

 

Just one question, it states they have 28 days after receiving it to respond, so when do i start counting the 28 days?

 

Is it 28+5 from the date of the confirmation or something like that?

[The GodMother]

rite dont quote me but i think it is this.

 

they send by standard mail wait 2 working days then it is classed as served.

 

28 days starts 2 working days after service. i may not be rite but u could always ring the courts and ask them.

[blind-as-a-bat]

Sorry GM, i missed you had replied thanks.

 

Well we have some movement from HC sols re the CPU request, strange that, do you think that means they have recieved the deffence? They have sent a copy of the alledged agreement identical to the one on page one of this thread, and i mean identical as in a copy or printout of a copy of the agreemant, but still no sign of the bits that are missing

 

So HL sols are in no better position in complying with a CCA request than GE where.

 

Incidently as the responce came from HC sols not CL finance, who i have sent a CCA too, does that mean CL finance are still in default as they have not supplied it, or does there sols sending it count not that what has been sent complies anyway:rolleyes:

 

They also sent a few statemants, but knowhere near all of them, but enough to show late payment charges before the alledged default and after so i am sure these where included in the amount alledgadly assigned, do these chrges being included cass as "penalty charges" Andy mentioned earlier. Oh and i recieved what they claim is a copy the deed of assignment, not that i know what one looks like so have no idea if it is one or if its correct and to be honest i cannot see how it prove anything was assigned at all, so a bit bemused by that one

 

Intrestingly though in the origanal letter that HC sols sent claiming to be a notice of assignment it stated the assignment was made on the 6th, it also claims the 6th on the court claim form too, but the assignment is dated the 7th cant they get owt right:rolleyes: Does that mean anything though, in the grand scheme of things :idea: I know court claims have to be correct, but is that enough of an error to do anything with as they did have it assigned (all be it unlawfully IMO) by the date of the clam (11th)

[wealthy]

subbing

 

all the best

[AndyOrch]

Sorry GM, i missed you had replied thanks.

 

Well we have some movement from HC sols re the CPU request, strange that, do you think that means they have recieved the deffence? They have sent a copy of the alledged agreement identical to the one on page one of this thread, and i mean identical as in a copy or printout of a copy of the agreemant, but still no sign of the bits that are missing

 

So HL sols are in no better position in complying with a CCA request than GE where.

 

Incidently as the responce came from HC sols not CL finance, who i have sent a CCA too, does that mean CL finance are still in default as they have not supplied it, or does there sols sending it count not that what has been sent complies anyway:rolleyes: Yes it counts can you post a copy less your personal details?

 

They also sent a few statemants, but knowhere near all of them, but enough to show late payment charges before the alledged default and after so i am sure these where included in the amount alledgadly assigned, do these chrges being included cass as "penalty charges" Andy mentioned earlier. Oh and i recieved what they claim is a copy the deed of assignment, not that i know what one looks like so have no idea if it is one or if its correct and to be honest i cannot see how it prove anything was assigned at all, so a bit bemused by that one Notice of assignment you are not privy to the Deed can you also post this?

 

Intrestingly though in the origanal letter that HC sols sent claiming to be a notice of assignment it stated the assignment was made on the 6th, it also claims the 6th on the court claim form too, but the assignment is dated the 7th cant they get owt right:rolleyes: Does that mean anything though, in the grand scheme of things :idea: I know court claims have to be correct, but is that enough of an error to do anything with as they did have it assigned (all be it unlawfully IMO) by the date of the clam (11th)

well if the NoA is post dated to the claim then the Claimant does not have the right to make the claim in their name because they are not the legal owners of said debt

Regards

andy:)

[blind-as-a-bat]

well if the NoA is post dated to the claim then the Claimant does not have the right to make the claim in their name because they are not the legal owners of said debt

 

Regards

 

andy:)

 

That would make what they have sent a big OOoops on there part then

 

The copy of the alledged agreemant is litraly identical to this, http://www.blind-as-a-bat.eu/GE3edited.jpg not much point scanning and posting it again, but will if you want

 

I will scan the others and post in a bit

[AndyOrch]

Hi Blind

 

Well that is an application not a CCA if you read carefully its all pre tense ie if when etc does not state if it was approved.

if you get chance to post the NoA will have a look at that for you also.

 

Regards

 

Andy;)

[blind-as-a-bat]

Just read that again the NoA pre dated the date of assignmant, but was before the claim was issued if that made sense

 

ok to try to clarify as im confuseing myself now

 

Timeline

 

Noa claimed it had been assigned 6th,

copy of the deed of assignment i have recieved today actually dated the 7th

claim from court dated the 11th, but in the POC,s it claims assignment was made to the claiment on the 6th

[AndyOrch]

Ok then the P.O.C is jibberish for a change:D

[blind-as-a-bat]

Ok then the P.O.C is jibberish for a change:D

 

It would seem so wouldnt it

 

 

Ok the deed of assignment and the NoA i have posted before, needles to say insert 6th after "by an Asignment dated" on the second line in the NOA

 

 

 

 

 

 

[blind-as-a-bat]

subbing

 

all the best

 

Thanks:)

[AndyOrch]

Ok Blind

 

Irrespective of the above are the figures all identical ie statement , summons , NoA , DoA?

 

Andy

[blind-as-a-bat]

It would appear so before court fees/costs

[AndyOrch]

Hi

 

Ok well lets see what their response to your Defence is and you recieve your AQ and we will take it from there

 

 

 

Regards

 

Andy

[blind-as-a-bat]

Im hoping i dont get one but would be intresting to see what they argue

 

Thanks Andy

[creditcardmug]

May be a side issue but the person who signed the deed of assignment appears to work for both GE and CL.

 

And dont you have to write you name as well as sign on a legal document?

 

Its the first one ive ever seen, its also interesting that they are not obliged to show this at this stage??

[AndyOrch]

Very true CCM

 

 

Andy

[blind-as-a-bat]

I must admit i cant see how that signed document (the first four pages) can be tied to the last anyway there is nothing to connect them, the last page is also in a differant font and is a fresh printed document, while the others are what look like photocopys of an older document so they in no way match

 

I must admit i dont get that DOA at all as to me at least its meaningless and proves nothing

[creditcardmug]

It just looks to me like something they have concocted, it cant be a genuine legal document to me, fraudulent springs to mind,the strange thing is they didnt have to provide it at this stage, so why would they:confused:

[blind-as-a-bat]

hoping i would lose my nerve and get me to cave in maybe ?

[creditcardmug]

hoping i would lose my nerve and get me to cave in maybe ?

 

 

Hmmmm... the person assigning is the same person receiving it, so assigning it to himself:confused:

 

Would be interesting to see a judges reaction to that!

[blind-as-a-bat]

High Court Judgment Template

 

Ok i know im a bit green at all this but does this mean what i think it means, ?

Edited September 17, 2008 by blind-as-a-bat

[blind-as-a-bat]

OK the 28 days is up on the 7th or there abouts, if HC sols file a responce to my defence does Mcol update showing they have done so or do i have to contact the court to find out?

 

Im expecting if they do respond that it will be at the eleventh hour, but i was just wondering how and when i would know if they have responded:???: