ccj to with welcome.now dispute

[postggj]

put on a note paper hints

 

default notice

apr mis-stated

cost of credit mis-stated

total amount payable mis-stated

bullied into the consent order as threatened with 1500 quid costs for counter claim

 

go through my witness statement

 

a set asside in court should last no more than 5 minutes

 

ive done three myself and judges are not that bad as a rule

[pears23]

good luck tomorrow stepwayne, we all rooting for you

[beyondhope]

Just wanted to pop on and say good luck for tomorrow

[stepwayne]

thanks post will do that.

the last four or five days have really helped,

 

i've had so much attention and input,

done alot of reading and thought.

 

call it a crash course.

.but to be honest i'm the calmest i've ever been about this.

 

ok the butterflies will return just before,

but what will be will be. i

 

've had the best advice, the best support, so its now up to other people to decide.

 

First one being ME. The others..

.. i just hope justice prevails.

 

i will be popping on a few times tommorrow.

 

Only to double double check. Prob no need now. we've done all we can.

thanks again to all.

[mark1arby]

It`s ALL there Wayne. You will have No Probs. at all. With You All The Way Buddy!!!

[stepwayne]

thanks mark1arby.

post, just been outside washing the car trying to clear my head.had a thought on something you said regarding the counterclaim fee. you said i should have withdrawn the counterclaim and gone on to alter the n1 form. could you expand on this.

[jackst01]

Good luck stepwayne, I hope all goes well for you x

[stepwayne]

thanks jackst. right i'm off. Drop the little un off at nanas. Then to the COURT!!

Wish me luck, thanks everyone for help and support.

Hope all the hard work pays off.

[beyondhope]

good luck

[stepwayne]

setaside denied..charging order granted.

absolutely gutted!!!!!!!!!!

Judge was an absolute dragon.

already made her mind up, didn't listen to me one bit.

[stepwayne]

really dont know what happens now.

[jackst01]

Sorry to hear that stepwayne, surely you can appeal?

[beyondhope]

oh no wayne im so sorry as jackst said surely it can be appealed? I dont know enough about the court process to even guess

[ozzywizard]

Also sorry to hear, it really does depend on the judge and sounds like you got a right one, im gonna leave this for Post to advise on as im not that clued up on this process.

[stepwayne]

really dont think i got a fair crack of the whip.

She dismissed everything i said.

in fact i don't think she listened.

she'd made her mind up before we walked in, you know when you get some people who make their minds up and won't change no matter what. It was like it would kill her to admit her first thoughts were wrong.

miserable old hag i don't know how she sleeps at night.

[BEBOBEBO]

First sorry Wayne seems like she was a bit if a dragon,

 

It is an order of the court placing a 'charge' on the judgment debtor's property, such as a house or a piece of land.

 

The charge will be the amount you are owed.

 

The charging order will not normally get you your money immediately,

but it may safeguard your money for the future.

 

Post I'm sure will confirm this, in simple terms if a creditor does not get paid they can order the sale of your house,

this must be acceptable to the first charge holder which will be your mortgage company. Kind of secures the money owed.

[Major Player]

First sorry Wayne seems like she was a bit if a dragon, It is an order of the court placing a 'charge' on the judgment debtor's property, such as a house or a piece of land. The charge will be the amount you are owed. The charging order will not normally get you your money immediately, but it may safeguard your money for the future.

Post I'm sure will confirm this, in simple terms if a creditor does not get paid they can order the sale of your house, this must be acceptable to the first charge holder which will be your mortgage company. Kind of secures the money owed.

 

Sorry to hear the news.

 

Bebo you are spot on,

a charging order places a charge on your property with the land registry,

if you wanted to sell or remortgage the charge would be considered and Welcome could deny this if they felt that the house sale/remortgage was being undervalued.

 

If you were unfortunate that the first mortgage company were to reposess and there was excess funds left from the sale, these would now go to Welcome first.

 

It is highly unlikely that Welcome will repossess your home,

they have never to my knowledge done this as they need to settle off all prior charges like your first mortgage which is not cost effective for them

(especially now they definately don't have the cash to do this!).

 

What they normally do is use this to try and make a payment arrangement and rewrite the loan for the sued for amount.

 

Sure you can appeal but if postgg can enlighten you officially will cede to hs greater knowledge.

[emanevs]

I am making a request to the court to set aside the judgement against me for the following reasons:

 

• The claimant has failed to provide a modified agreement to enforce this account. The original agreement was modified on the xx july 2006 (You have said the claimant failed to provide a modified agreement, yet also said the original agreement was modified on xx july 2006???)
  
• The claimant relied on a new agreement signed in xx july 2006 which is a new agreement, not an agreement to modify the original. (was the original agreement settled with funds from the new agreement??)
  

I believe the judgement should also be set aside as there are number of errors with the actual judgement itself:

 

 

1. The Claimant in the action has failed to rebate insurance products from the first agreement. (How is the rebate from insurance related to the judgement error???)

2. The claimant in fact charged the defendant for a second piece of payment protection insurance on the second agreement. (How is the second piece of payment protection insurance related to the judgement error???)

 

Default regulations

 

The claimant failed to issue a default notice in accordance with the

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

 

The claimant has issued a 14 day period to rectify the default. A physical date needs to be inserted,

Not a numerical date

 

The defendant never received the default and termination notice.

 

 

A copy of the default and termination regulations has been attached to this application to set aside the county court judgment. (If the defendant never received the default and termination notice, how is it attached to set aside the CCJ???)

 

The defendant believes that the agreement was made up of commission payments not made aware to the borrower. This will invalidate the agreement reference the judgement Wilson v hurstanger (i.e Under common law principles of agency, a broker owes fiduciary duties to act in the client's best interests and not to put himself in a position of conflict or make a secret profit)

 

Annual percentage rate

 

(Not sure of your total amount of credit.) I think it is

 

acceptance fee - £75

insurance - £1238.62

loan - £4431.31

 

total amount of credit/loan = £5744.93

 

payments of £206.29 @ 36 months = 19% APR

total amount payable = £7426.44

total charge for credit = £1681.51

 

The annual percentage rate on the agreement is stated at 32.2 %

The monthly interest rate has been stated at 2.25 %

 

This gives a total annual percentage rate of 27 %

Not the stated amount of 32.2 % on the agreement (PLEASE CHECK THIS IN LIGHT OF MY FIGURES ABOVE!!)

 

Dont take this the wrong way stepwayne, but when I read your application it seemes very contradictory (see above).

 

All is not lost, I would now look at doing the following:

 

1) You could now investigate the unenforceablility of the agreement. If you can get a court to render the agreement unenforceable, then you can get the charging order removed though ineffective securties route.

 

2) This will need to be done properly this time, with a proper application made to the court in the correct manner.

 

3) Once you get it declared unenforceable, you then get the charging order removed.

 

Keep your chin up, now its time for plan 'B'

[postggj]

why did the judge refuse the set asside

 

what reasons were given

[stepwayne]

hi all, now calmed down, felt sick as a dog.

basically, she'd decided before we went in. i could tell she wasn't listening to anything i said.

it was, i'm afraid down to the timescale and the signed consent order. to her it just looked like we were trying to shirk our debts.

She was horrible though.

i said to my wife, would i have gotten into trouble if i said to her at the end:"you're parents must be thouroughly ashamed of you"

Her husband must live under the stairs, cos i don't think i'd come out often.

[beyondhope]

Wayne im so sorry she was such a dragon

ROFL @ under the stairs

How she could think you were shirking after all this effort is beyond me It is such a shame that so much depends on the judge you get.

[ozzywizard]

I think the judge should be a jury made up of varied individuals from various backgrounds and classes. . . .

[stepwayne]

my wife works at a solicitors.albeit only a receptionist, she has to go in court to take notes sometimes. she said she has never encountered such a flippant judge, she made us feel like dirt.

[stepwayne]

think you're right ozzy

[stepwayne]

i know i was nervous, and to be honest not to well up on things. but i myself felt i gave a good account. she just wasn't listening....