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braindead58

me v first direct court on tuesday

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Hi guys.

First diabolical got a ccj and a charging order against me last year without my knolage.The debt that they claim I owe them is made up intirely of bank charges and the account has been in dispute for over 2 years now.

 

Tuesday After a wait of 3 months i am going to court to have the ccj set aside and hopefully the charging order taken off my property on the basis that i knew nothing about the original court case and that the amount they claim i owe them is in dispute and has been so for over two years.

 

Just a quick question, When i sent off all the paperwork and evidance to the county court i had to send them copies to be passed on to FD. I in return have not recieved anything from first direct via the courts or directly. is this a good sign that they will not be defending themselfs or could i get a nasty suprise

 

Please let me know your thoughts

 

 

Braindead58

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Hi

 

Sorry I can't actually answer your question but if they haven't submited anything you can't defend what you haven't got so I would think maybe they know they were in the wrong in the first place so hopefully they haven't responded which has to be in your favour. I may be wrong of course I haven't gone through that procedure myself.

You could always ring he courts on monday and ask if they have received anything from them yet.

 

DG:)


I have no legal training my knowledge comes from my personal life experiences

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Hi dg.

Thanks for that i was already planning to do that tomorrow,As far as I know they have to attend court if they dont the court will find in my favor. I at least have given them the oppertunity to defend themselfs that is more than they gave me.

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You've probably shaken then up by trying for a set aside. These companies think he law is just for them and will always find in their favour but that's not always the case. My own got struck out so I am just waiting now till they contact me again as I've heard nothing for a few months now.

Good luck to you and let us know how things go.

DG:)


I have no legal training my knowledge comes from my personal life experiences

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I would like to know if anybody has taken fd bank to court about there worthyness to hold a consumer credit license. There worthyness as far as I see it is doubtfull.

The Debt collection guidlines issued by the OFT states that it is an unfair practice not ceasing collection activity whist investigating a reasonably queried or disputed debt, in my case and many others im sure these and other OFT guidlines have been disregarded.This is not really a fair question but gives you something to think about when going to court.

 

We as consumers go to Companys Banks Insurance company etc who have signed up to a code of conduct when we see that a company has a consumer credit license and that license is subject to a code of conduct (or guidlines issued by the OFT) we assume that they would folllow the guidlines or loose there license. makes you think dunnit lol

Edited by braindead58

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I spoke to the court yesterday (monday) and they have confirmed that they have not recieved anything from fd -hsbc.regarding county court case later today. feeling a bit nervous but hopefully all will go well.let you know later this afternoon how it turns out .This is just the first step in what I expect will be a long battle. wish me luck ""

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did not go well have 14 days to produce a detailed defence and a part 20 claim what ever that is HELP or he will find in there favor. felt very much out of my depth.

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What happened please?

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Hi, I am just wondering what was the outcome of your case as you havnt posted in a while. I am now in the same situation.

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