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    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
    • No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??   The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression 
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County Court Claim


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Yeah ok will do, can recorded delivery be done on 2nd class mail? Guess once the AQ is submitted I just have to wait and see what happens? Is there any definative guidlines as to the time frames reagrding this type of case/procedure?

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It would get there the next day. These are the things you have to get your head round when you know what you're dealing with - it's a devious game.

 

"Just because I'm paranoid it doesn't mean they're not out to get me."

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Gunner

Its best to just send it Recorded, I wouldnt worry about the second class stuff, you need to be appearing to the judge as reasonable as you can at this stage. Playing silly games like the other side do will just make the judge pis*ed at you both.

You also need to look to them as being a tough nut to crack.

This is all in the game. If they have a slight clue that you may be better than they had hoped, then they have doubt. Use it.

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Thanks guys will do that. Guess once sent I will have a wait on my hands. am actually going into my local county court to hand in my papers by hand, guess I can ask them then whether the other party have filed anything? Will keep you all posted and thanks for all the help thus far.

 

Once again just to say once this case has run it's course and hopefully after I have won, I just want to reiterate the fact that I shall be making a donation to this site. Many thanks all and if anyone else is in the same boat I will try and learn up all that I can and help others. Thanks again.

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Hi all just got some post from HFO/Turnbull - they have sent me a copy of their allocation questionnaire, unfortunately no access to a scanner at home. But they have answered as follows:

 

A - no

B - No

C - n/a

D - No to all

E - I hour and no

F - no

G - nothing

H - Yes, Yes, 23/02/09, Yes, Summary Judgment, -

 

They have apparently sent me the following - evidence of the defendents signature and willingness to enter into a credit facility with Monument (the application form I tried to scan)

b) Comprehensive copy of statements evidencing the balance pre-assignment (not sure what relevance this has as I have asked Barclaycard to provide full account details as my father settled this debt and they have no proof of the account

c) Notice of assignment stating the closing balance on the final statement (I have never received this and in all honesty it looks like they have recently put it together)

 

They also state that my defence is generic and has no real prospect of success nor compelling reason why the case should be disposed of at trial, therefore they request that the Court strike out the defense pursuant to CPR 3.4

 

WHAT DOES ALL THIS MEAN AND WHAT SHOULD I DO? Also the copy looks suspicious, I can ask the court if it has been submitted?

 

Thanks.

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Thanks know what you mean, talk about a production line!! But just worries me that they have submitted this form already. Must admit they only send their documents by normal mail. How on earth can anyone know whether I was served with the Default notice? They have no proof of posting or anything, unlike me. In all honesty I never recall receiving the default notice so who decides? ANd if I could scan it I think most would agree it looks a bit dodgy!!! Just want some reassurance that I am in a good position and they are bluffing or am i screwed!!! Please can someone just confirm one way or another what their opinion is? Thanks

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Any help much apprecaited especially from this who have helped so much so far. Does what they have sent me, change anything? Shall I change my AQ? Help - going to submit it tomorrow. Thanks.

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The NOA is dated 25/02/2007 but there is no date by which to remedy the situation. It just states that with effect from the date stated that HFO have been assigned my account. That from now on I must accordingly direct all payments to HFO and then they have put their address telephone number and Company Number and then at the bottom it says Yours faithfully Monument (????) and no signature and lay out completely unlike anything they have issued previously.

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Hi Gunner – so the NoA states that the account was assigned on 25/02/2007 (correct?) if so then the date on the deed of assignment or sale contract must match – to verify that they will have to produce the original deed in court – they won’t want to do this but any judge handling the case must be satisfied that the assignment is lawful – did you request a copy of the deed/sale agreement in your directions?

Can you confirm the details on the Default Notice?

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Hi Atwozee , sorry but I don't have a default notice, I requested a copy of it, but all they have sent me were a copy of a quick reply application, copy statements and the notice of assignment. I requested a copy of CCA with all T&C's (not what they sent), default notice togther with proof of service (not provided), notices of assignment with proofs of service (not provided), the deeds of assignment to be brought to the hearing, full complete statement of account (provided)

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Hi Atwozee , sorry but I don't have a default notice, I requested a copy of it, but all they have sent me were a copy of a quick reply application, copy statements and the notice of assignment. I requested a copy of CCA with all T&C's (not what they sent), default notice togther with proof of service (not provided), notices of assignment with proofs of service (not provided), the deeds of assignment to be brought to the hearing, full complete statement of account (provided)

 

Okay – well the DN is an important document because without one they can’t demonstrate that they have complied with the provisions of the CCA 1974 and therefore their claim is weak – also if the application form doesn’t contain the prescribed terms then any agreement is unenforceable.

Looks like they are requesting summary judgement – not sure what happens here because it’s normally requested on the back of the Defendant not having a reasonable chance of success – clearly without the relevant documentation you do have a more than reasonable chance of success - but I suggest you phone or email the court and find out what is likely to happen.

You might have to attend a summary judgement hearing and demonstrate that you do have a strong defence against the claim – just keep the thread up to date and don’t be scared to get in touch with the court – letters have a habit of going missing and or being delayed.

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Thanks for that. Will do. Actually going to the court now to hand in my AQ. Will ask them then. Spoke to Barclaycard again who have no record of my account and spoke to Monument have no record, so it's all on HFO having a copy of the quick reply card that i have signed, see scanned doc and also copy statements and then their made up letters. Also as the claim is under £1500 does that mean HFO/Turnbull did not have to pay to submit their AQ? Thanks.

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Thanks for that yeah good news. Just wondered how long have you been waiting? Keep me posted. They keep trying to call me to discuss a settlement. I am tempted to call them and offer them £5 as full and final settlement and on the written premise that they have my default removed and confirm that any obligation or liability i have with them be fully exonerated. What do you think?

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I had to have my AQ in by the 27th Jan which I did. A letter arrived on the 11/2 with a copy of there AQ which they stated that they had filed with the courts (liars) I then rec a letter form the court stating that if they dont file there AQ by the 16th the case will be struck out. I have rang the courts loads of times and been told that no AQ has been filed by Crappyquest/HL and its waiting to go back in front of the judge to be struck out.

 

Still Waiting !!!!!:mad:

 

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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