TBI Claimform - old HFC Credit card Debt - **WON** - default notice fee but NO default produced

[Canaan]

Thanks PT but I need this in words of one syllable

 

Does each individual letter in the bundle need it's own covering sheet

or

does the one covering sheet cover the whole bundle of letters?

 

Sorry to be a pain.........brain strain

Canaan

[pt2537]

Thanks PT but I need this in words of one syllable

 

Does each individual letter in the bundle need it's own covering sheet

or

does the one covering sheet cover the whole bundle of letters?

 

Sorry to be a pain.........brain strain

Canaan

 

 

ok simple answer

 

Yes you can bundle all the correspondence together as long as you refer to it the letter within the witness statement, i would suggest good practice would be to say

 

.... a letter from xxxx dated xxx relating to xxxxxx ( Exhibit ABC1 Page 2)

 

 

that way you refer to the page and the bundle etc

[Canaan]

Thats great thank you:D

Canaan

[caro]

Don't worry too much about things like format, although to me as a layperson it looks ok. You are a litigant in person and the judge won't expect it to be as much as a they would of a professional.

 

I don't know enough to comment on the content of your statement, but it clearly lays out the sequence of events and refers to the necessary legislation so assuming that's accurate I think you should be ok.

 

Well done and good luck.

[Canaan]

Thanks Caro.

I didn't get any feedback on the content so all I can do is hope that it was ok.

 

Now I have to concentrate on the hearing on tuesday If anyone could let me know what sort of thing the judge will need to know to make his/her decision and what I should bring with me document wise I would be very grateful.

Many thanks

Canaan

[angel_1]

hello everybody and especially Canaan - Good luck and good luck in 2009 for all of us

 

i am keeping my fingers crossed for you for tuesday

 

take care for now

 

laters angel x

[Canaan]

Awwwwww thank you Angel. Thanks for the good luck for tuesday.....I am going to need it as I don't have a clue what to bring with me or what to say and the other side are not "muppets" like in some of the other threads I have read.

Canaan

 

I have got my hearing on Tuesday. It is to ask for leave to amend my defence because the other side have changed their POC at the last minute. The actual CCJ hearing is on the 19th.

Please can someone tell me what I should bring with me paperwork wise, do I need to do a skeleton argument like in the main hearing? I don't even know how I am going to argue my point.

If I don't get my new defence accepted I am stuffed as the old defence is completely irrelevant now.

Thanks in advance.

Canaan

[angel_1]

Awwwwww thank you Angel. Thanks for the good luck for tuesday.....I am going to need it as I don't have a clue what to bring with me or what to say and the other side are not "muppets" like in some of the other threads I have read.

Canaan

 

 

hiya again

 

listen if nothing else ive learnt about all this in the past year, is that you have to give it your best shot, let the paperwork and the non paperwork that hasnt been given to you Do The Talking,

 

also hope the Judge can interpret properly and you are a litigant in person so that in itself is good. wink wink,

 

 

they are the legal people who should know the correct legal jargon etc and ensure information is correct if they get something like the name of the account wrong albeit minor, its still not correct is it - common sense should prevail, again good luck but keep positive and at the end

 

what does it all amount to? what in the worse case scenario would this end up as?

 

you can only do your best so keep thinking positive

 

laters angel x

[Canaan]

what does it all amount to? what in the worse case scenario would this end up as?

 

A charging order on my house and being forced to sell it to pay the debt! The other side have already said they WILL be going for a charging order.

[angel_1]

A charging order on my house and being forced to sell it to pay the debt! The other side have already said they WILL be going for a charging order.

 

 

okay but have you defaulted on a ccj, i understood they cant go for the charging order yes can threaten but surely you would need to have defaulted on the ccj first,

 

i stand corrected if im incorrect in my understanding of this

 

i only say the above as i went with my friend who had had a ccj served and she defended the charging order stating she had offered a monthly amount on the ccj and the company had not responded and we also argued that it was unfair on other creditors for this company i think link to have the charging order over the other creditors, it was put aside until link could find their paperwork...

 

so im a bit sceptical in my own mind - can they actually go for the charging order without a first ccj, and then you paying the ccj and without any missed payments

 

im sorry if im talking nonsence but i can see your worry if ive got it wrong

 

this is worrying for lots of us then

 

catch up laters angel x

 

keep strong

[Canaan]

From the huge amount of reading I have been doing on here it is possible for a creditor to get a charging order on a home without the debtor missing CCJ payments

[citizenB]

canaan, I am sorry I dont know what information you require to take with you. I would think if you mention a document/regulation/law in your statement then you would need to be able to show it.

 

However, I am sure that is only for the main hearing and this is a mini hearing isnt it ?. If you have any doubts or need any help urgently before tomorrow.. I would hit the panic button and ask for a mod/site helper to look in on you.

 

BTW, good luck for tomorrow.

[Canaan]

canaan, I am sorry I dont know what information you require to take with you. I would think if you mention a document/regulation/law in your statement then you would need to be able to show it.

 

Thanks CB.

So I would take just the relevant sections/paragraphs of, for example the CCA, that I need rather than the whole document?

 

However, I am sure that is only for the main hearing and this is a mini hearing isnt it ?. If you have any doubts or need any help urgently before tomorrow.. I would hit the panic button and ask for a mod/site helper to look in on you.

 

I've got no end of doubts!! and don't have a clue what I am going to say to be honest. It is an application to get leave to use my amended defence so it's pretty important

 

BTW, good luck for tomorrow.

 

Thanks CB

.......

[supasnooper]

I would take the relevant parts of the act that you will be referring to .........but others may offer better advice.

 

Hopefully, you will get a decent judge who will lead the hearing.

 

Good Luck.

[Canaan]

I am having real trouble traking down "CRP practice direction - statements of case 7.3 (1)" Does anyone have this?

 

Panic over I found it

 

Ok so I am going tomorow armed with just two pieces of the CPR can anyone suggest anything else i can use to help my case please

 

CPR practice direction STATEMENTS OF CASE 7.3 (1)

Where a claim is based upon a written agreement

(1)a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

plus

 

CPR practice direction DISCLOSURE AND INSPECTION OF DOCUMENTS 31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;

(b) a witness statement;

© a witness summary; or

(d) an affidavit(GL).

(e) Revoked.

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

[supasnooper]

It's past my bed time now and don't really want to go through the thread to see if they sent you a copy of the CCA withe the CCJ summons.

 

If they didn't attach the Credit Card Agreement with the summons then perhaps CPR16 7.3 would be a good bit of paper as well.

 

7.3

Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

 

(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).

PRACTICE DIRECTION – STATEMENTS OF CASE

 

 

Good luck.

[Canaan]

Thanks Supa.

I have got CPR 16. I also have a total of 5 letters i sent to them asking for the agreement and 1 i sent to the court asking for their assistance in getting the agreement over the course of the past few months as well as their replies ignoring my requests, proof of postage etc

Will let you all know how I get on.

Canaan

[Canaan]

Had my hearing today to apply for leave to amend my defence, the hearing was at 12, I turned up at 11.30 and at 1pm I was called in to be told that the other side had sent a letter and wouldnt be turning up at the court to "save time and costs for all parties involved" and that they would not be opposing my application to amend my defence. The solicitors had left a message on my answering machine yesterday to tell me this but I did'nt check my machine till I got in today! So that's hurdle one over and done with now onto the main hearing

 

Canaan

[foolishgirl]

Well done C - on to the main battle....

 

BW - FG

[andrew1]

Had my hearing today to apply for leave to amend my defence, the hearing was at 12, I turned up at 11.30 and at 1pm I was called in to be told that the other side had sent a letter and wouldnt be turning up at the court to "save time and costs for all parties involved" and that they would not be opposing my application to amend my defence. The solicitors had left a message on my answering machine yesterday to tell me this but I did'nt check my machine till I got in today! So that's hurdle one over and done with now onto the main hearing

 

Canaan

 

I've been too busy to contribute, but been watching, well done Canaan, onwards and upwards..

[supasnooper]

Well done....and keep going.

[angel_1]

well done and keep the faith, now you have the time to really go get them

 

laters angel x:cool:

[caro]

Great news Canaan, although I find it hard to see how they could have objected. Keep hold of all the documentation for your court bundle when your case is heard in full. It all helps to paint a picture of what you've had to go through.

[citizenB]

Had my hearing today to apply for leave to amend my defence, the hearing was at 12, I turned up at 11.30 and at 1pm I was called in to be told that the other side had sent a letter and wouldnt be turning up at the court to "save time and costs for all parties involved" and that they would not be opposing my application to amend my defence. The solicitors had left a message on my answering machine yesterday to tell me this but I did'nt check my machine till I got in today! So that's hurdle one over and done with now onto the main hearing

 

Canaan

 

Oh well done. As you say one hurdle over and now you can concentrate on the main issues.

[angel_1]

hiya Canaan

 

you are very welcome and thanks for the tickle

 

anyway like caro and others have said, and something i was told very early on in my journey - to have and maintain a papertrail and all this is good for you and your case, it will show the experience you have had to endure in your fight.

 

relax and have a drink for now you deserve it and others too who have helped you so far

 

laters angel x