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Re: Help Please Re: CCJ From Northampton CCBC


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Dont see any anything there on how and when you would pay, no rates etc., is that it, just the one page? No T&C?

I assume you filed your AQ?

DG:)

Ok seems the letter crossed over with my post.

I have no legal training my knowledge comes from my personal life experiences

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Is the default notice a true default notice as sometimes they aren't correct.

Have you checked that all dates tally sometimes they cock up on that. Thats what I found on mine they had cocked up big time with dates and couldn't prove it.

Reading through you seem as if you were in a similar situation to me and I truely hope the outcome comes out like mine and is struck out, lets hope so.

DG:)

I have no legal training my knowledge comes from my personal life experiences

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Thats another thing you've got going for you they state in their letter that they have sent a copy of the default notice er what default notice.

Sorry this is a quick reply but I've got to go for an interview of a job been for 4 not got 4 so hope I have more luck this time.

Will come back to you soon.

DG:)

I have no legal training my knowledge comes from my personal life experiences

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If the original t&c’s are a separate document and the application was approved pre April 2007 then they fail under s127 (3) of the CCA 1974 and the agreement would be unenforceable – clearly this is an application form.

I bet they would settle for that amount as well – they probably paid peanuts for it in the first place.

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I would suggest you email the court (this will be the local one) or phone them (if they don’t have an email address) for a status update on this case.

It might be that Cohens haven’t filed an AQ yet and will need pushing by the court.

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I have spoken to a lady called Rebecca at the court today. she confirmed the Claimant had filed their AQ & asked when mine was filed. I advised her it was in March. She said I have to wait now until the two AQ's are married up.

 

Thing is I had a letter from the court 2 weeks ago to say if the claimant had not submitted their AQ by 13 May, then the case would either be stayed ot struck out.

 

What Cohens have done is filed their AQ in the 11th hour and sent me the letter asking me to settle.

 

I'm thinking they have realised the supposed 'agreement' which is dated 2004, is insufficient and trying to get me to agree before the court looks at the case.

 

Thing is they have provided pages of statements and I'm a bit concerned the judge may rule in their favour.

 

I'm going to attach the supposed DN, which I have now found. I missed it cause it's from Mercers Monkeys.

 

scan0003-2.jpg

 

scan0004-2.jpg

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  • 1 month later...

Well thank you again peeps - It looks like this one is going to be stayed.

 

I did what Atwozee suggested in getting them to provide the proof in court.

 

court have written to me to ask if I have received the documents I requested and I have sent a reply back to say they have not complied.

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