Lloyds (Blk Horse) sued me and won

[iconoclash]

Update: so, having been up to the court this morning - gone through the files with the clerk, the real situation is: BH applied in early July for the Charging Order and it was refused. The court only tell you if it is approved. BH have written again to the court, early Feb, but not re-applied for the order. Also, the clerk confirmred to me that Northants did not enter the counter claim on the system but agreed that it is in the file. I paid for copies of the papers. I should have paid a fee, but, they also should have got in touch with me about that, and not assumed on my behalf that I was not going ahead. Having also missed the transfer request it is apparent that the file has not been 'realised'. I also should not have had to pay £65 for the transfer. So, I will start to compile my appeal accordingly I guess. back soon.....

 

Oops! Sorry that should read early Jan 07.

[iconoclash]

Hi there - the court feel that this is really 'user error' on my part and no grounds for appeal - I may try for a variation order and have asked for a new SAR to identify if penalties are included, and then persue those separately if allowed. Not much else I can do. (It is not clear if they are in the figures claimed originally.) thanks for all your support and advice.

[Guest NATTIE]

Keep us updated, i am sure we are all interested to know how it goes.

[iconoclash]

Hi - another update - sent my variation order request in and they sent it back to me! stating that I have to send it back to the court that it was originally heard at, despite it being transferred out of there, and the paper file not being there!?! So - will do that and let's see if they send it back also... I couldn't get there though if they take it in, again, not my local court!!!!!!!!

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One thing I can't get my head round with this messy case, and not just because I lost, is the solicitor listing the penalties in the claim (£25 a go) and the judge awarding it........thus............does this set a precedent despite going against every other successful penalty charges claim to date??????? Any thoughts. Lyn

[Guest NATTIE]

no to precedent as that cannot be made at small claims court.

[iconoclash]

Update on this: I sent in a variation order request as I could not pay this full amount immediate, MK sent it back for submittal to Northants, duly obliged them. Northants sent it back to me for submittal to MK. *?£$&?*! Have now sent it back to MK - what next - why does no-one want this?? because it goes against all judgements to date me thinks!!

[iconoclash]

** URGENT HELP NEEDED **

Having been given the runaround by the courts to get my variation order in, I have heard nothing on that - however - I have now been called to court 11 June for Black Horse to get a charging Order on my house!! In the first place I will be away on June 11, on the second I am confused: can anyone clarify what the court are hearing from below:

" 1. The interest of the judgement debtor (me) in the asset described below (our house) stand charged with payment of £2279.99 together with any further interest due plus costs

2. The application will be heard (time & place) when a judhe will decide whether the charge created by this order should continue (with or without modification) or should be discharged."

 

Is this something totally separate from my variation order request? any advise really welcome...Lyn

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Hi again - have just spoken with the court: I have to send in N244 form with another fee (£35) to change the hearing date for C.O. In the meantime BH have refused my offer to pay by instalment re the variation order request of mine, the court lady said they would appraise it themselves OR let it be decided by the judge at the same hearing as the other stuff. So I have to get off and download a form pronto, as I see that non presence will go against me. Lyn

[iconoclash]

blow me down with a feather!!! you just wouldnt believe it...all that trouble, all those errors, all that stress and just when it looks like all is lost, along comes a stranger on a legal web and identifies the one thing that I had overlooked and not known all along - the agreement is unenforceable!!!! Im after them now! Lyn

[remus]

Just read through your thread, I'm exhausted! Is your last post totally positive? I hope so:D

[remus]

also did you say you were unemployed? coz you are fee exempt in certain cases:)

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Hi remus - Im just drafting a letter to ask for the part of the CCA that pertains to their case against me and to advise which part I will be using to set aside - I have to get it 'validated' so to speak but it is certain under S.60 that is be unlawful! As for the fees and aggro along the way -this will have to be reimbursed -will keep u posted Lyn

[remus]

you go girl;) we're all behind you;)

[debt_mountain]

so what is happening now

[iconoclash]

Hiya -

dont really know where to being with this case of mine as I have today virtually lost due to the system!

 

 

Having been told by the judge that

"I am caught in the spiders web of the court system"

as I have not actually lost my case

but cannot get it heard!

 

 

been told I have to appeal and go in front of a Circuit Judge, with 14 days in which to do this.

 

 

Have also to pay costs again to the claimants and yet they have

falsified information,

failed to comply with DPA/SAR requests fully,

partly done after docs sent into court,

and still trying for the house!

 

 

I am very very disappointed,

no money,

no justice.

No legal aid,

no options,

 

 

really fed up with this company.

 

 

My application to set aside a CCJ and the courts failure to recognise my V O request

- that is still hanging in the system somewhere has resulted in them handing the case to BH on a plate!!!

 

 

sorry - but Ive put in a lots of hours and lost a lot of sleep on this and today had the final nail put in.

[iconoclash]

Does anyone know where the jurisdcition area (geographical) of a court is set and therefore, which one is local.

I always thought that local meant nearest court to the person,

is this so and can it be challenged/checked??

thanks.

[nicsussex]

Have you looked here

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

[iconoclash]

Hiya - thanks for that

- I looked at that before posting the question as I try to do the leg work

- it doesnt tell me how LOCAL is defined,

local to me,

the nearest,

or local as defined jurisdiction area.

 

 

My case started in an area I couldnt attend

but was consisdered local to me,

when another was much much closer......

.......this is where it all began............

[nicsussex]

Since posting that I have looked at some of your other threads and realise that now that it was not rellevant - sorry!

[iconoclash]

Hi - thanks for those who managed to stay the course! lol - if you thought this was dead and buried its back! and rather than anyone having to go thru the whole depressing saga:

in brief, I lost this on a technicality, they got judgement for me to pay instalments. Since then have claimed missold PPI from these guys on separate agreement but no response. Now the original contract has come back to haunt me - a DCA is trying to collect on it, rang me and left a messaage that they were "Officers" so rang up in case my son was in trouble...so this DCA is full of trix. Got letter today, they say they are applying for a warrant of execution - so- question pls, Dont they have to prove they own the debt first? Supply some sort of statement? I also want to apply to suspend any warrant if they get it - how do I do that? thanks

[iconoclash]

Hi - Ive had a response to my PPI refund claim and BH state that:

 

1) The FOS will not consider cases of PPI sold prior to 14 Jan 2005.

2) ICOB rules did not apply prior to same date above.

3) There were no requirements to use a demands and needs questionnaire or provide a policy summary.

 

These are the most striking elements I have picked out of their letter and find this incredible - is this right? I'd have thought that the GISC or pre-runners would at least have codes and principles and I am very cross that BH are trying to wriggle out of this claim - arrrgh.

[underdog13]

If the original creditor has a court judgement against you and you are paying them monthly instalments, how on earth can they sell the debt onto a DCA?

 

Even if they had sold it on, surely the new owner of the debt would have to abide by the court order? They obtain the responsibilities as well as the rights, surely?