Welcome Finance - Is This Enforceable??

[emanevs]

Shall I try to make the file smaller?

 

Do you think they are clutching at straws? and should I even reply??

[emanevs]

file sorted!, much smaller!!

[emanevs]

Bump!

[Sol]

Can't advise as I'm querying the same with the FOS and it's taking an age. I'm keen to see how your case goes though.

[emanevs]

my allocation questionaire is due no later than the 30th of this month!!

 

please can someone help me with this???

 

many thanks,

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[emanevs]

thanks for that,

 

What about amending my particulars of claim following the supreme courts decision??

 

Do I still submit allocation questionnaire as above, then amend particulars????? or do I include the new argument in the allocation questionnaire???

[emanevs]

is postggi around???

 

Allocation questionnaire due in tomoroow, wanted some help with the skeleton argument/whether to change my particulars of claim now or after submission of allocation questionnaire,

 

also, who do I ask for the underwriting sheets and what is the relevance of elite brokers????

[postggj]

hi emanevs

 

still about

 

catch up in a few hours

 

regards

[emanevs]

cheers

[emanevs]

should i bring into play with the draft directions, that that the credit agreement is unenforceable???,

[emanevs]

this application is just for the charges levied, not unenforceablility,

 

The unenforceablity is with the FOS.

[emanevs]

The judge has ordered that we attend court before a decision about allocation can be made about my secured loan charges claim.

 

I am confused because its a straightforward charges claim.

 

However, I am worried because I think the judge may throw out our court application because I was bankrupt and that I possibly have no jurisdiction on making the application. This happened on another case I made recently.

 

I am fully discharged from Bankruptcy, have no income payment orders and the reclaim in charges relates to a secured debt that was not affected by my bankruptcy. I do not understand why he said or perhaps will say that I have no jurisdication on this or the other claim.

 

Can anyone help or clarify and provide some case law or backup, because I dont want to court and be made to look a complete *ick!!!!

 

many thanks caggers!!!

[slick132]

Hi Emanevs,

 

Can you confirm what the court's exact Directions were in the latest order.

 

[emanevs]

in my most recent reclaim of unfair mortgage charges, the judge ordered the following:

 

District Judge ........... has considered the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

 

any help on this would be most appreciated, particularly with reference to post 53

 

many thanks,

[GhostDebt]

Evening all,

 

Do we have any updates on this thread regarding the case mentioned

(Southern Pacific Personal Loans v Walker)?

 

Many thanks

[brassed-off-2]

Evening all,

 

Do we have any updates on this thread regarding the case mentioned

(Southern Pacific Personal Loans v Walker)?

 

Many thanks

 

Hi Ghostdebt

 

It went in favour of SPPL, check over on the motgages and secured loan threads,under the spml thread, you will find it being debated, and copy of the hearing posted, about 4 weeks ago, i think ??

 

b-o-2

[emanevs]

bump!!!!!!!

[slick132]

I don't know if the BR issue has any bearing on this, or if it's a Red Herring. I don't see why, if the BR is over, it would affect anything like this now.

 

A Site Team (Car2403) has suggested one reason for the hearing before Allocation may be if the judge feels either the claimant or the defendant has a poor chance of success and wants to warn them of going on.

 

However, you should submit the AQ as normal, attend the hearing with an open mind and not make any decisions AT the hearing.

 

My own view is that is is quite common for a judge to have a hearing at this stage to explore what the case relates to, what differences there are between the 2 parties, and what Directions should be made to resolve the issues most quickly.

 

Report back after the hearing and , in the meantime, prepare to proceed with the claim as normal.

Edited December 6, 2009 by slick132
Added penultimate para

[emanevs]

Hi,

 

Thanks for the reply.

 

I have already submitted the allocation questionnaire, but I am in the process of amending my particulars of claim since the supreme courts decision.

 

The judge is the same one that threw out my last case, where he said that I had no jurisdiction to make the application because of my bankruptcy.

 

I just do not want to go to court, and look stupid if he says the same thing, and I dont have a response to this.

[slick132]

Perhaps if you post here the court's actual Judgement in the last case, we can have a look and see what happened and why. Hide name, address, etc., or just type up the relevant wording of the Judgement.

 

Did you look into appealing the last decision.

[emanevs]

im not sure how long i have to appeal the decision???

[slick132]

Hi Emanevs,

 

You haven't shown or told us what the Judgement actually said, in the last case.

 

[emanevs]

he said to me that I had no jurisdiction in respect of the application I made against an old loan account that I had against northern rock.

 

The order said that the case was dismissed.

 

He tried to say that because of my bankruptcy, my estate was in the hands of the official receiver and I could not make any applications on accounts/debts that were included in my bankruptcy.

 

this was total bull**it as northern rock secured a charging order on my wifes beneficial interest thus transfering the loan from unsecured to secured loan before I went bankrupt.

 

I havent got a clue where he is coming from???????

[slick132]

I'll flag this up and see if anyone else has some input.

 

I can see the point about you being unable to claim refunds on a/c's that were included in the BR. But then it gets more complicated with NR's actions.