Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**

[Spamalot]

Hi FG,

 

Did you send them a copy of the applic. to set aside NOD? No I didn't, the court said they would do it... I had the copy all ready to send but after the court fiasco I left it up to them to do.

 

If not & you feel the need to send the letter spam, suggest you include it & amend your last para to reflect the enclosure. i.e. this corresp. is being sent as info. for you & not a pleading to settle

 

As I wanted to get it in todays post, I sent it a short while ago...

 

Due to the unsettled postal situation at present I was also going to send a copy by email.

 

Therefore I'll enclose the letter in the email and state that it is for info only and not a plead to settle... hopefully that will do the job...

 

I must admit I'm finding it hard to resist the urge to add 'Stick that in your pipe and smoke it' but I shall behave..

 

Spam.

[foolishgirl]

 

Therefore I'll enclose the letter in the email and state that it is for info only and not a plead to settle... hopefully that will do the job...

 

 

Sorry spam, didn't make myself clear; that sentence was for your consumption not theirs. Suggest you just put 'for your information, enclosed copy of application submitted to court'. That way it looks as though you are standing strong in your position & not appearing to grovel a settlement.

Edited September 26, 2009 by foolishgirl
addition

[Spamalot]

 

Too late.. never mind... they should have a copy of my letter via email with a note saying that it's for information only etc. and hopefully the court will send them a copy of the Set aside application some time next week.

 

Either way they know I'm not rolling over this time...

 

Spam.

[sunflower99]

well done spam! Love your thread!:D:D

[Spamalot]

My newt update.

 

Rang the court today to see how they were progressing with my application to set aside the discontinuance.

 

It seems it has gone in front of the Judge and will be listed for a 30minute hearing... date to be advised as they have a heavy workload but could be any time between November and January next year...

 

Just wondering what I will need to prepare for at the hearing... .. it's been given longer than I had for for my first three applications put together and I thought it was going to be a simple case of 'Discontinuance set aside and a new date to submit defence...

 

Any ideas anybody??

 

Thanks, Spam.

[foolishgirl]

Drags on doesn't it spam?

 

Seems strange the DJ wants so long. I can only assume that he wants to know exactly why you want to set aside, most people being happy to accept a discontinuance.

 

Well, thanks to MC recent corresp. you now have the evidence that they will seek to reinstate pursuance of this debt if you don't get a judgement in your favour at this point & you will be able to show this to the court; in addition you have your proof that you attempted to make an amicable arrangement to save court time & costs but MC wouldn't play ball.

 

I suggest when you get the hearing date you ask the court if they want some sort of witness statement in advance.

[Spamalot]

Hi FG,

 

Thanks for the advice, hopefully I should get a date in the next week or so and be able to update a bit more, as you say I have evidence of them not being willing to settle so hopefully it will stand me in good stead.

 

Spam.

[AA99]

Hey spam, think foolishgirl is absolutely correct, and the

 

could be any time between November and January next year..

 

is a sign of the times I think, no particular reference to your case. I bet the courts are overloaded with wasted applications from OC's at the moment, they are so clutching at straws so to speak, and then don't forget there's your Honours Xmas leaves to build in to that period..........

[Guest suziedarkness]

Very good thread, subbbing with interest.

 

SD

[Spamalot]

Hi All..

 

Received a 'Statement of account' today from 'Phoenix Recoveries' who despite being in Luxembourg, have a PO Box address in Worthing..

 

The statement (the first ever received from these people since they were allegedly assigned to this alleged debt) includes court costs etc from their discontinued claim and a request for the outstanding balance...

 

Therefore despite everything that has gone on they are still trying to collect on this account...

 

I contacted the court to ask when my Set Aside of the discontinuance would be heard as I submitted it over a month ago and I haven't heard anything... they say they are short staffed and it'll probably be at least a couple of weeks before they get around to listing it and at the moment the ones they are listing are going well into next year.

 

I suspect that 'Phoenix' are about to 'try again' before the last claim has finished because despite me saying you will be hearing from my local court in due course, sod all has been done and it looks like I've been blowing hot air and accepted their actions. The statement is dated just after the 28 day deadline for the Set aside application. Now, is that a coincidence or am I just being cynical and suspicious?

 

Next stop... another default notice?

 

Spam.

[robcag]

Hi Spam

 

You're not alone! Have you seen this thread;

http://www.consumeractiongroup.co.uk/forum/legal-issues/229411-need-letter.html

 

As the old saying goes; give an infinite number of monkeys a typewriter ..... etc.

 

Cheers

Rob

[jon888999]

Hi, I got statements for my accounts. To be honest I'm just going to ignore them at the moment.

I think you will find that the OFT are paying particular attention to these rogues at the moment and they don't want to breach anymore requirements eg annual statements.

My statements haven't asked me to pay.

Also these disputed accounts will be on Phoenix's books as assets, so they need to account for them somewhere.

Phoenix probably have loads of these disputed accounts, all worthless but they will leave them in there accounts as assets. Until it suits them to claim them against tax.

Although surely that would be wrong because the original creditors have already claimed them against tax???

Basicly they are attempting to make money out of nothing. Isn't that how the credit crunch started???

The whole banking industry is rotten. We would be criminals if we tried to make money from thin air!

Take care

Jon

[Spamalot]

Hi Rob..

 

Thank you... my rubbish is exactly the same.. don't know whether to respond or just add it to my court folder as evidence when it comes to my set aside hearing... 'look at this M'Lud, this is why I want this matter to go to trial... these idiots won't lie down and accept they've been beaten until the court tells them to Pee off and leave me alone'

 

Spam.

[robcag]

Hi Spam

 

Hi Rob..

 

Thank you... my rubbish is exactly the same.. don't know whether to respond or just add it to my court folder as evidence when it comes to my set aside hearing I thought that was sorted do you mean your application to oppose their discontinuance? :-? ... 'look at this M'Lud, this is why I want this matter to go to trial... these idiots won't lie down and accept they've been beaten until the court tells them to Pee off and leave me alone'

 

Spam.

 

Cheers

Rob

[PGH7447]

seems like some junior threat monkey found a new button to press on the threat-o-matic machine:D

[Spamalot]

Hi Jon, Thank you too..

 

I suspect you are right in what you say, although at the bottom of my 'statement' there is the bit about.. if you do not pay off the full outstanding balance etc...

 

Before my original set aside I'd asked for statements on numerous occasions via SAR etc but they were never forthcoming which always made me suspicious of where they got their figures from... lets hope OFT etc. get them by the short and curlies soon for their unlawful practices..

 

Spam.

[Spamalot]

Hi Rob...

 

Yes the Set aside of the CCJ was sorted... I am now applying to Set aside the Discontinuance... the court have insisted on a 30min hearing... but who knows when... sometime this century I hope.. ... at this rate it'll be statute barred before I get me costs...

 

Spam.

[robcag]

Hi Rob...

 

Yes the Set aside of the CCJ was sorted... I am now applying to Set aside the Discontinuance... the court have insisted on a 30min hearing... but who knows when... sometime this century I hope.. ... at this rate it'll be statute barred before I get me costs...

 

Spam.

 

Hi Spam

 

Of course!

 

Brian's not in gear this morning

 

Cheers

Rob

[robcag]

Hi Spam

 

 

I suspect you are right in what you say, although at the bottom of my 'statement' there is the bit about.. if you do not pay off the full outstanding balance etc... I think they are just explaining how they will treat those payments they are expecting you to make .... , ie wishful thinking regarding how they will be applied to the various components of the alleged debt ...

 

 

Cheers

Rob

[foolishgirl]

Hi Rob..

 

Thank you... my rubbish is exactly the same.. don't know whether to respond or just add it to my court folder as evidence when it comes to my set aside hearing... 'look at this M'Lud, this is why I want this matter to go to trial... these idiots won't lie down and accept they've been beaten until the court tells them to Pee off and leave me alone'

 

Spam.

 

I would DEF. keep for your court file Spam but also write (so your back's covered ) using a similar letter to the one mkb posted on the link robcag left (below)

 

 

You're not alone! Have you seen this thread;

http://www.consumeractiongroup.co.uk/forum/legal-issues/229411-need-letter.html

 

Rob

[fedupwithdebt2009]

Hi long time no see!!!!

 

Sorry but my pc died a death

 

Also had a statement from mcs, detailing how they have added all their court costs and interest to the amount we agreed to pay in the tomlin order we signed.

 

How crafty is that!!!!!

 

I have rung them and am waiting on an explanation as to why they have done this, as it said in our order that "each side should bear their own costs"........

 

AAAaaaaaaaahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!!!

 

Blummin MCS!!

 

Anyways, rant over.....hope your well spammy, fighting the good fight en all that.....

 

fedup xxxxx

[Craftygirl42]

I have 4 accounts with them and received statements the other day. Two have been sorted via consent orders and both have interest added this month. The one they discontinued interesting doesnt have interest added and nothing about paying it.

 

I have to send letters this week about the two consent orders. Do they think we have nothing better to do with our time!!!!

[citizenB]

Hi Spam

 

Of course!

 

Brian's not in gear this morning

 

Cheers

Rob

 

Who is Brian

[texanbar]

Hey Spammie,

 

Phew just read entire thread! What a rollercoaster of emotions for you. I am hoping to grab a few bits off yours (if that's ok) to start my claim with Marbles (CL Finance/HOward Cohen).

 

I wish you every success hun, subbing with interest

 

x:)x

Pingu

[Spamalot]

Hey Spammie,

 

Phew just read entire thread! that must've taken a long time!!What a rollercoaster of emotions for you. I am hoping to grab a few bits off yours (if that's ok) take whatever you like.. it was probably all poached or donated anyway.. to start my claim with Marbles (CL Finance/HOward Cohen).

 

I wish you every success hun, Likewise..subbing with interest

 

x:)x

Pingu

 

Welcome aboard Tex...