Court Case #2 - Northern Rock

[Luxxinterior]

Crap!! I am totally confused now lol... I have until tomorrow to get this defence ready to send... Dont look like Im gonna make it

 

Arse!!!!

 

Where (if anywhere) does anyone think my defence as it stands at the moment will get me?

[pt2537]

Right,

 

if the agreement was signed after the 6th April 07 then the provisions of s127(3) cease to apply

 

so you would fall under s140(a) CCA 1974 and also S127(1) and (2) as to the enforceability of the agreement

[Luxxinterior]

Right,

 

if the agreement was signed after the 6th April 07 then the provisions of s127(3) cease to apply

 

so you would fall under s140(a) CCA 1974 and also S127(1) and (2) as to the enforceability of the agreement

 

Thanks PT22537....

I will take a look

[Luxxinterior]

Thanks PT22537....

I will take a look

 

Hmmm...so the courts can enforce what was before then an unenforceable agreement?

 

Does that apply to Default and Termination notices too?? Or just the CCA itself?

[Luxxinterior]

Hmmm...so the courts can enforce what was before then an unenforceable agreement?

 

Does that apply to Default and Termination notices too?? Or just the CCA itself?

 

Right! I have been at this since 8am this morning... I will have to pick it up again tomorrow before I send what I have off... or before i go insane.

 

I am gonna have a few beers... i may come up with a pearl of wisdom or two then

 

Many thanks once again to one and all who have taken the time to assist me today...

 

Your efforts have been most helpful

[I've got no money]

Hmmm...so the courts can enforce what was before then an unenforceable agreement?

 

Does that apply to Default and Termination notices too?? Or just the CCA itself?

 

No - it doesn't affect the DN/TN points

[caro]

I think the thing to do is go with the defence you'd sussed before the idea of unenforceability came up, if you're happy with it.

[Luxxinterior]

I think the thing to do is go with the defence you'd sussed before the idea of unenforceability came up, if you're happy with it.

Hi,

I received a response to my defence ...basically trying to rip our defence to shreds. Is This Normal??

 

Am I supposed to respond to it? ...eek!! I am such an amateur at this

[Luxxinterior]

I think the thing to do is go with the defence you'd sussed before the idea of unenforceability came up, if you're happy with it.

 

Hi,

We received this morning a NOTICE OF HEARING APPLICATION?? I have no idea what this is, but it says it is an application for summary judgement in Gateshead?

 

Do we need to respond? Attend? I am at a loss and could really do with some advice if possible?

 

Regards

[creditcardmug]

Contact the court, ask for it to be transferred to your local court, there may be a form to fill in, have you received an Allocation Questionnaire?

[Luxxinterior]

Contact the court, ask for it to be transferred to your local court, there may be a form to fill in, have you received an Allocation Questionnaire?

 

Hi CCM

We have had no AQ yet...just this.

We have a parcel for collection requiring a signature at the local PO but this was only received on Saturday gone, but we were away and just came back Tuesday. I doubt that is it though!

 

Should we have received an AQ before this stage?

[creditcardmug]

Hi CCM

We have had no AQ yet...just this.

We have a parcel for collection requiring a signature at the local PO but this was only received on Saturday gone, but we were away and just came back Tuesday. I doubt that is it though!

 

Should we have received an AQ before this stage?

 

No not necessarily, they have jumped the gun going for SJ, its just that theres a section in the AQ for transfer to your local court, you will have to defend the SJ now, and its best that its in your local court, rather than theirs

[Luxxinterior]

No not necessarily, they have jumped the gun going for SJ, its just that theres a section in the AQ for transfer to your local court, you will have to defend the SJ now, and its best that its in your local court, rather than theirs

 

Great:rolleyes:

Sorry to be a headache...but how do I go about defending the SJ?

 

Im so confused... i am dealing with another 3 of these today so apologies, my head is melting!!

[creditcardmug]

Without going through the whole thread again, if i remember correctly, you dont have much of a defence to this, do you? or am i wrong?...if thats the case you might consider trying to come to some sort of a settlement with them on this one

[Luxxinterior]

Without going through the whole thread again, if i remember correctly, you dont have much of a defence to this, do you? or am i wrong?...if thats the case you might consider trying to come to some sort of a settlement with them on this one

 

 

Well their default and termination notices do not comply with the CCA in terms of dates etc... thats about it really

[Luxxinterior]

Hi,

I have atached a copy of the Summary Judgement if anyone could offer any advice?

 

Rgards

Summary Judgement.pdf

[supasnooper]

What you need to do is get a Witness Statement together to oppose The application for Summary Judgment.

 

Your WS must oppose and rebut the claimants WS points and also you can add the neccessary law, case law and points you wish to use in your defence.

 

have a read of this pt2537 post - http://www.consumeractiongroup.co.uk/forum/show-post/post-1990707.html

[Luxxinterior]

What you need to do is get a Witness Statement together to oppose The application for Summary Judgment.

 

Your WS must oppose and rebut the claimants WS points and also you can add the neccessary law, case law and points you wish to use in your defence.

 

have a read of this pt2537 post - http://www.consumeractiongroup.co.uk/forum/show-post/post-1990707.html

 

Thanks Supasnooper ...Ill take a look

[Luxxinterior]

What you need to do is get a Witness Statement together to oppose The application for Summary Judgment.

 

Your WS must oppose and rebut the claimants WS points and also you can add the neccessary law, case law and points you wish to use in your defence.

 

have a read of this pt2537 post - http://www.consumeractiongroup.co.uk/forum/show-post/post-1990707.html

 

 

Any Ideas on how we can get this moved to our local Court? I did not get a chance to specify a court as no AQ was issued.

 

When I make out the Witness statement, do I send it to the court and the claimant?

 

Ive never got to this stage before so I am very unsure how to proceed.

 

Thanks for your help

[creditcardmug]

Theres probably a form, have a look on HMCS website, or phone the court for advice...i have deliberately not replied, so that others with more experience of WSs will comment.

 

BTW, i see you use test card F, are you in the trade?

[Luxxinterior]

Theres probably a form, have a look on HMCS website, or phone the court for advice...i have deliberately not replied, so that others with more experience of WSs will comment.

 

BTW, i see you use test card F, are you in the trade?

 

Thanks CCM...Not in the trade...just fond memories of that card when i was a kid lol

[Luxxinterior]

Theres probably a form, have a look on HMCS website, or phone the court for advice...i have deliberately not replied, so that others with more experience of WSs will comment.

 

BTW, i see you use test card F, are you in the trade?

 

 

Just rang the court!! They apparantly sent out the AQ to us in May and it was returned to the court blank!! We never received it at all! They have however filed a blank AQ

 

They have said that we need to send a letter explaining that we never received it and was returned by the Royal Mail.

 

What a bloody mess!!

[creditcardmug]

As you say a mess, yes write to the court straightaway, and ask for it to be transferred at the same time

[supasnooper]

Have a look at this post for ideas on WS's as well -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1903956.html

[Luxxinterior]

Have a look at this post for ideas on WS's as well -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1903956.html

 

Thanks Supasnooper

 

Update... I faxed through a letter to the court saying that we never received an Allocation Questionnaire and give us a break etc (niot in those words of course) We checked the next day to see if they received it and they did but could not address it until the following week!!

 

We rang back to enquire and they said they never received the fax!!!

They are now sending another AQ to us, and provided we return it by the end of July, just before the hearing it will be accepted.

 

What a load of arses!!