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    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
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LTSB Court claim - help please


remus
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Hi foolishgirl, would it be at all possible for you to set my defence out, with the default notice?.

 

The ccj has been set aside, and now I need to put in my defence.

 

Any help greatly appreciated.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi,

do I need to include copies of the complete Woodchester case and Kpohraror v Woolwich for the court and SCM?.

 

I have copied most of the paper work of the original claim for the court, as it is still 'lost'.

How should I word the covering letter without causing offence?

 

Just run out of paper, so will get some tomorrow, I have till Tuesday!

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Just giving you a gentle nudge :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi,

do I need to include copies of the complete Woodchester case and Kpohraror v Woolwich for the court and SCM?.

 

 

If you cite a case in your defence then you must have a full copy for the Court, SCM and yourself.

 

May I also suggest that you contact the court and see if SCM have filed any documents............as they have a habit of not serving them on the defendant when they are obliged to.

 

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Thank you citizenB and supasnooper,

 

The order is for me to file a defence, I don't think SCM are doing anything yet.

 

This is my concern with the defence, I understand and will be using the loverly 42man's statement of evidence, but,

 

1. do I need to put SCM to strict proof of the post date for the default notice, or will that just prolong the procedure?

 

2. what orders do I need to put forward?

 

3. Should I include an order for costs with an amount?

 

Just concerned I will miss something simple.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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answered my own questions.

Edited by remus

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Just rereading your thread as requested remus.

 

Can you clarify please:

 

1. what was this hearing for - set aside, SO, CO???

 

2. why is the DJ now asking for a defence - I thought you had submitted this ages ago & been told that what you had submitted would stand for both cases?

 

3. what date do you have to have defence in by?

 

4. other comments below:

 

SCM had a representative at the hearing today, he mentioned it getting struck out, and gave me a copy of 'Securum Finance Ltd v Ashton and another', which he would of used "a second bite of the cherry".

 

Not relevant to your case & should be stressed in defence

 

The Judge asked what my defence was originally, (as my file is still 'lost'),

 

This is DISGUSTING!!! How can the DJ hold an impartial hearing when he is missing the docs you submitted. Grounds for appeal in itself!!

That said, did you not have a copy of your defence etc. with you?

 

Can you upload it to CAG or point me to the post please?

 

and I said the Default. Mr rep kindly furnished the judge with a copy.

I did ask him if it was my copy of the default, as they said they couldn't get hold of one!

 

The Judge read the dates, looked in his cpr book, and said it clearly states 14 days, and the default has been incorrectly delivered, as there is only 7.

 

I now have to base my defence on the default notice, and have about 2 weeks to do so.

 

The Judge also vacated the CO hearing, and something else (sorry, I just went blank, as I knew I was in above my head with the questions he was asking me). When I get it through, I will post exactly what he has ordered.

 

Can you post that order please?

 

 

 

I have an enforcement notice, giving intention to terminate the Agreement on said date, with a demand for £x plus interest which is accruing daily.

Default notice is dated 8 days after the intended termination, and the amount has increased by a monthly payment, and plus interest which is accruing daily.

 

Which comes first? the default or the termination??

 

Can you post these please?

 

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Default notice should be issued first, then the termination notice or final demand.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 5 weeks later...
"http://i185.photobucket.com/albums/x46/remus_09/scan0002.jpg"

 

Agreement.

 

 

"http://i185.photobucket.com/albums/x46/remus_09/scan0011.jpg"

 

Default

 

Here's the default notice.

 

 

Just going to upload 2 orders.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Order 1 July

 

1 Judgement is set aside

 

2 The Defendant do file and serve a Defence by July (done)

 

3 The ICO is discharged and the hearing vacated

 

4 No order for costs

 

 

 

 

Order 2 August

 

It is ordered that

 

The court on its own motion and having ordered the parties to file Allocation Questionnaires by a separate order made today (not received yet)

 

It is further ordered that:

 

1 Simultaneously with filing the AQ the parties shall each certify to the court and to each other the total amount (less costs) that they currently consider the claim to be worth, subject to liability.

 

2 Each party shall file with the AQ file proposed directions on the form attached hereto (no form attached)

 

3 The parties shall comply with CPR PD 43 paragraph 6.4 and 6.5

 

4 Each party shall file with the AQ a completed reply to the invitation to mediate

 

I really would appreciate help with the 2nd order.

Edited by remus

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Remus, can you post the defence that you submitted please? (Sorry I wasn't around to help with it)

 

IMO the above DN is pants & can be worked to your advantage.

 

Answers to your queries on AQ below:

 

 

Order 2 August

 

It is ordered that

 

The court on its own motion and having ordered the parties to file Allocation Questionnaires by a separate order made today (not received yet)

 

It is further ordered that:

 

1 Simultaneously with filing the AQ the parties shall each certify to the court and to each other the total amount (less costs) that they currently consider the claim to be worth, subject to liability.

 

2 Each party shall file with the AQ file proposed directions on the form attached hereto (no form attached)

 

It doesn't need a form, it just get submitted on attached piece of paper.

 

3 The parties shall comply with CPR PD 43 paragraph 6.4 and 6.5

 

CPR PD 43 here: http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_parts43-48.htm

4 Each party shall file with the AQ a completed reply to the invitation to mediate

 

Your response here depends on whether you wish to mediate. Personally I don't see much point - they have unlawfully terminated before they issued DN, they are not entitled to claim full balance. Simples! However a 'without prejudice' letter with an offer for a F&F might be appropriate if you have sufficient funds available. (the sum I would suggest is the arrears as of the time of the issue of the DN 'cos that is all they should be awarded in court; however note the 'should', no guarantees)

 

What date does your AQ have to be in court?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi foolishgirl,

 

The defense I used, was the one in post 144 from 42man.

 

Have not received anything else from the court yet.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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What date does your AQ have to be in court?

 

What date remus?? Is it specified on the order?

 

 

Have not received anything else from the court yet.

 

Did you get an AQ - Form N149 or Form 150?

If not, was the claim over £5000? That limit usually determines the form number i.e. SC or Fast track. You can download the correct form from HMCS so no worries there.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I'm just catching up with your thread again remus.

 

Let me get this straight:

 

1. The court struck out Claim 1 because Claimant didn't return paperwork on time

 

2. **** issued Claim 2 for the same thing.

 

3. You didn't issue defence on time, judgment was made by default. You applied for set aside & got it.

 

4. Claimant has now claimed that the 2nd claim shouldn't be struck out as res judicata because of case law Securum Finance v Ashton & anor (that doesn't seem to actually apply to your case!) & the DJ has accepted this argument & issued above order.

 

5. Back to Square 1

 

Is that a correct assessment?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I'm just catching up with your thread again remus.

 

Let me get this straight:

 

1. The court struck out Claim 1 because Claimant didn't return paperwork on time Yes

 

2. **** issued Claim 2 for the same thing. Yes

 

3. You didn't issue defence on time, judgment was made by default. You applied for set aside & got it. Yes

 

4. Claimant has now claimed that the 2nd claim shouldn't be struck out as res judicata because of case law Securum Finance v Ashton & anor (that doesn't seem to actually apply to your case!) & the DJ has accepted this argument & issued above order.

 

No. Post 137 is the hearing, and the 1st order was issued

 

Order 1 July

 

1 Judgement is set aside

 

2 The Defendant do file and serve a Defence by July (done)

 

3 The ICO is discharged and the hearing vacated

 

4 No order for costs

 

 

The 2nd order is a different Judge, and has been issued after I put in my defence as per the order above.

 

The 2nd order

The court on its own motion and having ordered the parties to file Allocation Questionnaires by a separate order made today. (not received yet) I have not received a separate order to file the AQ, so have no date.

 

5. Back to Square 1

 

Is that a correct assessment?

 

Hope this is clearer foolishgirl :confused:

LTSB court date 25/7/07

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.........The Judge read the dates, looked in his cpr book, and said it clearly states 14 days, and the default has been incorrectly delivered, as there is only 7.

 

I now have to base my defence on the default notice, and have about 2 weeks to do so...........

 

remus

 

AFAIK. 14 days re DN came into force in 19 Dec 2006! (your DN is dated 3 oct 2006). anyway, your DN doesn't even appear to provide 7 clear days after service even if deemed first class?

Edited by Ford
typo add'n
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remus

 

AFAIK. 14 days re DN came into force in 19 Dec 2006! (your DN is dated 3 oct 2006). anyway, your DN doesn't even appear to provide 7 clear days after service even if deemed first class?

 

Thanks Ford for the reminder - this had been noted, Post #68

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What date does your AQ have to be in court?

 

Did you get anAQlink3.gif - Form N149 or Form 150? If not, was the claim over £5000?

 

Can you answer the above remus please?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 2 weeks later...

Hi all,

 

Should I stop paying my nominal amount as it is in the court process? or will this put me in a bad light me with the Judge?

 

[problem] have referred to my payment in the latest communication from them, as if it was an admission of guilt on my part.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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  • 2 months later...

Hi all, couple of questions, doing WS, am I right in thinking if SCM letter has 'without prejudice' I am unable to use this as evidence?

 

Also as the WS has to be done simultaneous can I ring SCM as time is short!

 

thank you

 

also am I allowed to mention what went on in mediation? or is that also a no no as I have no proof. (think I'm answering my own questions!)

Edited by remus

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi all,

 

SCM have admitted on their WS that the DN does not contain the correct number of days to remedy the breach, but carry on to say the Final Demand was not sent for two months. They quote case law Amex v Ian Karl Robert Brandon 2010.

 

I have no Final Demand, there is nothing with the WS except enforcement notice, DN, loan agreement and statements. Do they not need to prove it?

 

SCM are asking for the Court to decide the claim based on the written evidence. I have noted that the Judge's are issuing Judgement on the fact you owe the money end of, but I have never denied this, the POC stated I had not paid, and I always have, even if it was a nominal amount as worked out with the CAB.

 

Anyone any thoughts on what I need to do next?

 

help!

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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They quote case law Amexlink3.gif v Ian Karl Robert Brandon 2010.

 

 

 

I understand that the case above is subject to an appeal hearing .. soon...

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Are they able to use the above case if it is subject to appeal?

 

Why issue a DN if they are not going to act on it?

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Brandon is making an application to appeal.

 

However in Brandon there were enough days albeit the wording was wrong.

 

The DN gave "14 days from the date of service"

 

BUT because of the statutory wording that DN contains saying "14 days from teh date above", the date was taken to mean the date of issue (being the only date stated)

 

The DJ felt that although the wording became confusing that no prejudice was caused against Brandon because he never intended rectifying the default.

 

HOWEVER the 14 days from service was there not 11 days or 12 days

 

There are very important differences - but the creditors are jumping on it because of a quote being used out of context ...... as usual

 

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