ccj to with welcome.now dispute

[postggj]

stick to your guns

 

as stated figures dont add up

prescribed terms

etc etc

 

its up to a judge at the end of the day

 

if you want to rub it in tell them that you will leave it up to the decision of the judge and to take a running jump

 

a consent order is like a tomlin order

 

very bad news

[stepwayne]

whats that last line

[postggj]

what has happened is they have gone over my letter

 

i think its the interest rate difference thats quoted and what you are paying that did it

 

get this set asside and the debt is gone for good

 

they wont be able to enforce

 

have you signed any consent order or anything from irwin mitchelle after the 15 dec

[stepwayne]

whats a consent order?

[stepwayne]

why the 15th december

[stepwayne]

right figured it, no the only one that was signed was jan 09.it was supposed to be reviewed every 6 months, but they didn't even do that.

[postggj]

in your email ive only got the top half

[postggj]

after point 5

 

ive nothing else

[stepwayne]

download attachment. theres 12 pages. it opens in windows photo gallery.

[stepwayne]

got it post?

[postggj]

thanks

 

ill get back later

 

need some shopping

[postggj]

did you sign that on the 20 jan

is it your sig

 

no worries as it will be veto by the set asside as there is no agreement as such

 

dont sign nothing in future you dont understand

 

if this agreement was not rollocks

 

you would be in severe crap

[stepwayne]

20th jan last year post.

like i said we were bullied into it both by them and our lack of knowledge.

just a thought, if i had carried on fighting the ccj.

the counterclaim fee was for almost 1500. why was it so large, and how the hell do they expect people to pay?

what would i say this time if asked how i would fund this, if welcome did come after me again if its setaside.

[stepwayne]

why do i feel good about this one minute and terrible the next?

Roll on thursday....

[beyondhope]

Deep breath Wayne hun you are doing just fine I know what you mean though and im not even at court stage yet mores the pity!

[postggj]

if welcome did come after you again ref the set asside, they would be on a non hoper

 

your agreement has amounts of credit and misstated

 

the apr figures are up the maypole

 

the court is prohibited from enforcing as they are prescribed terms:-D

 

we just need to convince the judge to set asside

 

at the end of the day its up to the judge

 

if he asks why you have left it to now to ask for a set asside, say you have only just started research and realised you can and were terrified on the costs mentioned

[stepwayne]

that was my plan. but why does it cost so much to counterclaim?

[postggj]

it does not

 

who said that bs

 

irwin mitchelle was it

 

ive counter claimed three times in my past

[stepwayne]

i remember on one form. it did state that there was a counterclaim fee of over £1500. Thats why i gave up hope before, hence in the email i sent it states i failed to pay this. Thats why i was literally pushed into signing the form.We could see no other way out.

[postggj]

was that on a form from the court or the solicitors

 

it should have been an allocation questionaire

it was fifty quid

 

prob 150 now

[stepwayne]

just found it. "notice of transfer of proceedings."

from northampton cc

 

 

To all parties

 

A counterclaim to this claim has been filed.

 

As the defendant is an individual the claim has been transfered to the court covering the are where the defendant lives or carries on business.

 

The counterclaim fee is £1530:00(to be paid by the defendant) at crewe county court, by dec 10 2008.

 

Please read accompanying documents carefully and note that where enclosed the allocation questionnaire should be returned to crewe cc, law courts by the date shown.

[postggj]

bloody hell

 

what you needed to do was with draw the counter claim and deal with the poc on the n1

 

i realise it was beyond your knowledge and understanding

 

if the judge asks why you never defended at the time,

 

tell him and show him that letter

 

its not expected the normal joe public to understand court process

 

you will walk out the court on thursday free of welcome

 

forever

[stepwayne]

i certainly hope so. Do you really think i'm still in a good position post.

What things may go against me just so i have an answer to them.

[stepwayne]

just got to go out, will be on in a couple of hours...thanks

[stepwayne]

post, on that email attachment there was nothing in there denying any of our claim that the agreement is unenforceable was there? if there was i missed it.

So does this mean their main objection is the timescale and the fact that the consent order was signed?