Aplins/Hillesden Securities Ltd (dlc) claimform - old HBOS Credit Card debt -got CCJ but WON CO Hearing

[Shazza50]

I did say that I had my I&E with me and that I could only pay £1 per month, which at this moment in time is the truth. Whether their solicitor made a note of it I don't know.

I must say, considering the solicitor does that for a living, he was a quivering wreck. He really couldn't answer the judge properly and was literally shaking. If the judge hadn't gone on about people trying to avoid paying debts and asking me if I did owe it, I really think it would have been a different outcome.

[AndyOrch]

Perhaps a little more push from yourself Shazz and as you state a different outcome may of prevailed. Post up when you receive the judgment.

 

Keep your chin up.

 

Regards

 

Andy

[Shazza50]

oh I definately will be back Andy for more advice . I'm ok, just more annoyed now about that judge doing his u-turn. I think he thought he was doing me a favour so I didn't incurr more costs by it going to trial, as he seemed pretty certain that I wouldn't win.

[ibizasun]

Sorry for butting in and to hear your case did not go as planned.

 

So im guessing across the board that they dont need an orginal cca and only an application form

[Shazza50]

I think it all depends on the judge that you get. In my case, even though he wasn't happy with Hillesdens POC's or cause of action, he then went on about people trying to get out of paying their debts because of technicalities being moraly wrong, and then asked me if I had had the monies, even though I said it wasn't about that, it was about had they the right to claim it, it was then that he decided it was an agreement. That was the first and only time he even mentioned the agreement.

Edited November 8, 2010 by Shazza50

[ibizasun]

If one judge enforces with a application form i would think any one referring to case law would win the same argument

 

The checky sod, going on about morales all you wanted was to stick to what you agreed under your cca. And these leech dca companys could not get any lower in the morale stakes they buy debt, other peoples misery and make a profit from it.

 

 

 

Easy pickings we are.

[Shazza50]

Three days after being at court dlc sent a Notice of Default Sums for £250. Last week I received the General Form of Judgement from the court, then today I have another Notice of Default Sums from dlc for £250. What is my next step? I thought Hillesdens would have been in touch by now to say 'pay this amount per month'. Is it up to me to get in touch with them? Are these amounts being added on to what I already have to pay?

[AndyOrch]

What does it say on the Judgment Shazza Payment wise Forthwith?

 

 

Andy

[Shazza50]

Andy, all it says is It is ordered that there be summary judgement for the claimant in the sum of £xxxxxx

[AndyOrch]

Its normally finalised at the hearing if its forthwith or by payment plan, I would suggest you check with the Court and the Claimant with regards to payment arrangement.

 

Regards

 

Andy

[Shazza50]

What about these £250 default sums, are they being added on?

[AndyOrch]

No there not, you are in debt for the summons amount and that is what you will agree to clear.

[Shazza50]

So why do they keep sending them to me? The judge wasn't interested in my I & E when I said I had it with me. I did say I could only afford £1 month and he said something along the lines of 'well if it takes you 4000 months to pay it then it probably wont be paid in your lifetime'

[AndyOrch]

Well if thats his comment then i would surmise its a forthwith payment but you need to confirm the payment details as you only have a limited time to take action to get a redetermination.

[Shazza50]

I have just been in touch with the court and the person I spoke to thought it was strange that no directions for payment are on the notice, so I now have to put it in writing and send it to them. It could only happen to me .

[AndyOrch]

Very strange Shazza, if the payment arrangements are not suitable you can apply for a redetermination using the N244 (no charge)

 

Regards

 

Andy

[Shazza50]

Just an update, I sent a letter to the court almost two weeks ago and up to today I haven't heard anything. So I phoned the court up and was told they have not received my letter. It could only happen to me . I haven't heard anything from Hillesdens or Aplins either and I don't really want to make contact with them, so its worrying me a bit incase they try to do something devious.

[AndyOrch]

Just keep a record Shaz of everything you have done.Send them an email but keep a record and copy of everything you do in trying to resolve this.Let the Court direct this not them.

 

Regards

 

Andy

[Shazza50]

Do you mean send Aplins/Hillesdens an email to inform them of what is, or in my case, isn't happening Andy?

[AndyOrch]

Yes by all means communicate with them but dont let them lead you in the payment arrangements that must come from the Court.Obviously they would tell you anything and are only looking after their Clients interests and their fee.Just be aware of the time frames Shaz because if the payment arrangement isn't suitable set by the court you only have a certain time after judgment to amend it.

 

Regards

 

Andy

[Shazza50]

So will my time frame start when they eventually set a payment or has it already started with the judgement?

[AndyOrch]

As there is a genuine error in the payment arrangement (a fact that the Court as acknowledged) then it should be from the date that its corrected not judgment date.

A forthwith judgment means they want ALL of the money in one fell swoop. (28days)

 

If you have responded( ie filled a defence which you have) then if you disagree with the judgment then you have the right to a redetermination - it costs you nothing to do and can be done by letter or form N244 within 14 days of the judgment. If you have not responded then you can only ask for a variation which costs £35. What I am saying here is that it is important to get it at a rate you can afford.

 

If you get a forthwith judgment or do not make the payments asked for in time, then the creditor can go for enforcement action - we all have heard of bailiffs. But another enforcement action is a charging order which turns an unsecured into a secured debt on the house, severs a joint tenancy into tenancy in common so any other's equity is not affected and appears on the land registry. There is an interim charging order where a partner often discovers their partner has debt but there has to be a hearing to make it final. The word hearing is the key here as you have the right to attend and make representations. District Judges more often than not do make the charging order final but are prepared to put in the order that the debt that is secured is the debt to that day - so no further interest will be secured on the property and that if payments are made there will not be any order for sale.

 

Regards

 

Andy

[Shazza50]

Just an update for you. I sent another copy of my letter to the court on 13th Dec but up until today I haven't had a reply. I phoned them up this morning and the lady I spoke to remembered my previous phone calls. Apparently the notes have now been sent up to the district judge and I should hear something next week. I just hope it is a favourable outcome for me regarding payments. I will keep you informed.

[AndyOrch]

Fingers crossed Shazza.

 

Regards

Andy

[Shazza50]

Arrived home from work tonight and the letter from the court was waiting for me. I am still none the wiser as what to do:???:. All it says is ' Regarding your letter dated xxxxxx, this was placed before District Judge xxxxxxx, who has made the following comments : "No directions required, place letter on the court file".

Any thoughts on what this means please?