Cabot/restons Claim Form - 2 Old Lloyds Credit Cards

[Orchid47]

No, not good. Will post a report as soon as I can. Thank you for your support with all this

[Orchid47]

Apologies this has taken so long to give you the details of the Hearing

So, at Hearing the Judge said that the Hearing was based on Probability.

It wasn't like a murder case when it was black or white, my hearing would be based on Probability

The Judge discredited the Agreement Document being illegible because he said at the time of signing I would never have signed it if it was illegible in all probability

 

The Barrister then mentioned section 98a and that under Section 98a Crabot can serve their own notice - she said they were not reliant on a Default Notice from the original Creditor

 

The Judge asked the Barrister if the Default Notice was in the correct format and had it been served correctly because all we had in Court was a Computer Screen print out

 

The Judge did not accept that Lloyds Bank didn't use the software package that was visible on the screen heading. He wasn't interested in this issue

He said that Restons obviously have access to Lloyds files and presented the information in the software that they used

 

The Judge was more interested in the Default Notice being in the correct format

 

The Barrister for Crabot pushed the view that they purchased the debt - not the agreement, and that I didn't have an agreement with Crabot

 

So, none of the above applies because I have a debt with Crabot - not an agreement

 

So, my defence went out the window

 

The Judge said he thought the case should be adjourned for 10 mins and that I should consider offering Crabot a monthly payment because if I didn't and if the case did go in my favour today that Crabot would issue their own default notice and then serve me Court Papers again and we would be back to square one

 

So we adjourned

 

I was up against a Barrister who knew exactly how to confuse the Judge and a Judge who didn't understand enough about it

 

Needless to say this didn't end well

 

I do need to thank you for your committed advice and help with this

 

I feel like I let you down - unfortunately because when you are put in the situation I found myself in I didn't understand the Law enough to argue against a Barrister and a Judge

 

Im sorry

 

[dx100uk]

You can never counter judge lottery

[Old Cogger]

the way the law interpreted is a disgrace, law/legislation abused by many a judge and so called solicitors/Barrister, no wonder the UK is in such a mess in all areas

[AndyOrch]

 

Quote

The Barrister for Crabot pushed the view that they purchased the debt - not the agreement, and that I didn't have an agreement with Crabot

 

So, none of the above applies because I have a debt with Crabot - not an agreement

 

So, my defence went out the window

 

 

You couldn't make it up could you...you sure this wasn't the chuckleheads ?

 

So if you didnt have an agreement...how could they issue a new default notice ?

[Orchid47]

Ok, I feel sick now that they pulled the wool over my eyes

 

[dx100uk]

probably out playing golf together today

[Orchid47]

Just received an Interim Charging Order for the above, along with a copy N379 - Im presuming all this is normal? 

 

Do I need to do anything?

 

Its not obvious

 

 

[AndyOrch]

What have they entered at point 5 Orchid ?  Joint or sole

 

Your  Mortgage in joint names ?  

Debt is in sole name 

 

Andy

[Orchid47]

Sole

[AndyOrch]

Are you the sole owner ?

[Orchid47]

Yes, apart from the Mortgage Company

Do they notify the Mortgage Company, or do I have to????

[AndyOrch]

Okay was just checking you didn't have a joint mortgage...nothing for you to do otherwise.

[Orchid47]

Ok, ty 

[Orchid47]

Ok, CCJ entered as above in August last year,

As agreed by the Judge at the hearing and then agreed by Rastoons I pay a monthly amount by direct debit and always on time

 

why am I now being hounded by Rastoons to fill in a income expenditure form now????? 

 

Im getting texts, they're sending me letters?????

[dx100uk]

did the judge set the £PCM rate or you did it yourself by contacting rectums?

 

dx

 

[Orchid47]

The Judge set the amount. He asked during the Court hearing if I could manage to pay the amount he suggested and it was agreed

 

[dx100uk]

is this in writing anywhere from the judge?

 

if so then you ignore restons totally.

 

if they persist then a quick letter reminding them of the rules of contempt of judge/court might be in order?

 

dx

 

 

 

 

 

[Orchid47]

I have a copy of the letter that Rastons solicitor drew up on the day and got me to sign

[dx100uk]

but no notification from the court called judgement for claimant received?

 

dx

 

[Orchid47]

Not sure, will need to check and let you know