ILLEGAL CCJ on ACCOUNT - DESPERATE!**WON AT LAST**

[electric lemon]

P.S. I havent looked in yet but I was so pleased to see an appreciation board for Laiste. She so deserves it, & all I have to say about that is a HUGE " Here-Here"!!

[Thailand]

I'm out of my league here EL, just to say nice to see you digging your heels in and to remind you what a star you are.

 

Hope all goes well for you, you deserve it. Hope the tiddly-peeps are great, although I now blame you for my overuse of this term!

 

XXX

[electric lemon]

Bless you Thailand.

 

Thank you for your neverending & wonderful support.

 

You cheer me with your comments on "The Tiddly-Peeps"!!!!

 

Hope all is well with you.

 

Virtual hugs coming your way. (((((((((((())))))))))))))))

 

Love Electric

x:)

[electric lemon]

Hi there everyone,

 

I dont know if any of you are able to help but I am more desperate than I have ever been I think.

 

I posted on here a few days ago as I had been away a while.

 

Anyway, point is I applied for a stay of my case until the oft test case outcome. Paid £75. All went well so I thought. Anyway about 10 days ago I got a reply from court stating that the matter was relisted for hearing on Dec 14th.

 

Relief I felt was immense though I was disssapointed to see that it hadnt been put off till next year & really need to buy some time. ( Laiste had previously advised that doing a counter-claim took a very long time.).

 

Anyway I just got the letter from the court out again to go over it and to my complete & utter shock saw right at the bottom that the time for filing & serving the defence & counterclaim be only extended till 4pm November 5th - TOMORROW!!!

I am in pieces, so if anyone of the mods or anyone else can help could you help please, please.

 

I dont know why I didnt see it. I clearly just didnt read it properly.

 

I feel that CL have won, & yet the credit agreement hasnt been given to me still nor have alot of missing statements with charges on them.

 

I am a desperate woman.

 

Does anyone know of anyone that might be able to send me a copy of their CC to adapt?? Or anything.

 

Ive come so far with these awful, people that I feel utterly despondant at the thought that they might just win now.

 

Many many thanks,

 

Electric lemon:(

[tomterm8]

Hi, EL, i've sent you two PM's.

[electric lemon]

My defence is based on the fact that they:

 

1. They dont appear to have furnished a proper credit agreement (is an application form jobbie). Laiste looked at it & said that its not a proper one & that the first time in court it should have been thrown out, but I didnt really know what I was doing.

 

2. There are penalty charges that they still havent furnished me with, despite being requested from me & the Court.

 

This was in the letter last submitted to court with help from Laiste:.......

 

As part of the Amended Defence & Part 20 Counter-Claim that I wish to file, I will be raising the issue of penalty charges which form part of the sum claimed by the claimant, which I intend to challenge.

 

I will also be questioning the legality of the default notice issued in respect of the alleged account, as it is my contention that the amount claimed in said Default Notice included penalty charges, which I beleive to be unlawful..

 

I asked for the court to be allowed to submit the amended defence & Part 20 Counter-claim once the test case litigation was concluded.

[tomterm8]

HI, EL, Can you point me to where a copy of your credit agreement is? I can't find it.

[electric lemon]

After much consideration & alot of hard work I have come to the conclusion that I honestly dont know that I have the strength to do this, even though Tom term has helped me immensley in the 11th hour tonight.

 

In addition I have to find another £75 for another AN which will be difficult. It was only 4 weeks ago that I forked out the other £75 that was supposed to stay my case till next year (. That makes £150 if I go ahead with no guarantee of winning.

 

CL have already placed a default on my credit file as well.

 

I have never disputed the fact that I owe them money, but the fact that the amount they are claiming is incorrect due to charges levied on the account which they have still failed to show by supplying the statements that both I & the courts have requested from them.

 

I have no choice but to resign to this defeat.

 

Thank you Tom so very very much. You have been honourably helpful to me tonight. Incredibly so. I owe you.

 

I know that this case has just been too big for me. I am so tired, & feel exhausted by it all but very angry that CL after all this time have won.

 

I feel that in the past others have looked up to this thread for support & advice & encouragement & I am so very sorry to let you down, for I feel that I have.

 

Thanks hugely to all that have been my saving grace for all this time particularly Laiste, but most importantly for the hope you gave me all of you. Sadly it hasnt ended positively & Im very sorry for that.

 

I am scared now as I guess I just wait for the letter from the court saying the CCJ has gone through. How much will I have to pay a month. Does anyone know? The amount owed is about £2300.

 

This one has gone to bed.

 

Love a very sad, deflated & agonised,

Electric

[Josie8]

But if they haven't a signed enforceable agreement the court will not be able to enforce it.

 

If you are really stuck & I'm sure TomTerm will help you just file basic defence putting debtor to proof of debt. Quote the Wilson extract from above .

[freakyleaky]

Please don't give up! Tom has had to go offline but I am trying to get some help to you on this! You will get some help tonight!

[Curlyben]

EL, without knowing the full facts of the case the only thing I can suggest is an s127 defence based on the fact CL have failed to supply the agreement.

Holding defence.txt

[ukaviator]

EL is there anything else you need before you go ? . This may help too:

 

 

I am in receipt of the general form of judgment or Order form relating to the above claim.

 

The claimant respectfully wishes to draw the court’s attention to the following implications regarding the stay, which was ordered on DATE and accordingly, seeks removal of the stay.

 

The Claimant wishes to draw to the the court’s attention item No. in the Particulars of claim

 

The claimant requests that the court declares the credit agreement unenforceable under section 65(1) by virtue of section 127(3) of the Consumer credit act 1974 at this point I would like to bring to the courts attention the Defendants total lack of any meaningful communication with regard to this credit agreement.

 

I would respectfully ask this court to consider the above information as an application to lift the stay placed on these proceedings.

 

Should the court decide not to grant my request for the removal of the stay, I respectfully request in the alternative, that the stay should be made conditional on the following

 

That, pending a resolution to this matter, the defendant is prevented from applying further charges to my account.

 

That no detrimental information regarding the conduct of the account in question be passed or Sold to any third party pending a resolution of the issue.

 

That the Defendant abide strictly by the Office of Fair trading Guidelines with respect to debt collection activity. Specifically, that no debt collection activity be undertaken relating to outstanding amounts comprised of default charges or interest therein relating to an account which is formerly “in dispute”.

 

That the defendant respect my right to a peaceful family life and do not undertake any action with relation to outstanding account charges which impact upon this or contravene the Protection from Harassment Act 1997.

 

That the defendant cease applying interest to any outstanding amounts which are comprised of charges and interest applied to those charges.

 

That the Defendant arrange for the retrospective removal of any detrimental information which has been previously been passed to third parties if it relates to the charges previously imposed upon my account.

 

That these orders remain in place until the outcome of my own claim is known.

[electric lemon]

Hi Guys,

 

Thanks for your help here. Massively.

 

Im chronically lacking in confidence & I still dont know that I will/am able to do this.

 

I am at work & wont have the ability to sort this out this afternoon anyway.

 

I am totally confused about what I should put where on what form and what should be type written anyway. Would I ask for a S127 at the court??

 

Im not adverse to hard work of any type its just that I find these legal formats & neccessities mind-boggling.

 

Do you think that, If & I mean if, that I would be able to be a day late by taking this down to the court tomorrow???? Would they accept it?

 

Cl & other companies have done it before with the courts, some being as much as 10 days late in furnishing the courts with info etc.

 

I looked at Curly bens defence & there are parts I think I could use but can this be right? as CL have sent me the application form/credit agreement but there seem to be doubts that this fits the criteria for being the right thing. (the previous judge when I first went said that the credit agreement was acceptable before, but so have other judges elsewhere but when some case ? wilson has been suggested they have back-tracked from what I remember reading??

 

In addition, the MAJOR reason for my defence is that CL since when I first requested statements in March & despite court instruction in August STILL havent furnished me with them so I can check for penalty charges.

 

To me that renders the ccj REQUEST VOID AS IT IS AN INACCURATE AMOUNT STATED ON THE CLAIM FORM.

 

Can anyone put that into a defence or Counter-claim for me??

 

I am comp[letely foxed with what I should put in a counter-claim? What would I be claiming for & am I supposed to claim costs from them?? (dont want their money - just want to get rid of this).

 

 

What I cannot understand is why when it was so simply spelt out & stated in the last defence when requesting a sray till after the OFT case did the judge refuse. It was supposed to put things on hold till next year.

[electric lemon]

Just looked on Bellas thread which she got struck out.

 

One of the things that I possibly could put would be this...????

 

I put in an App Notice to strike out the case on the grounds that they had not complied to the Judges Court Order! And because they have not produced the agrrement and everything else asked for, I am unable to make a amended defense and counter claim!

 

The Sols sent us threats to withdraw this and that they would rigorously defend any such actions, In fact we found out that the sols had written to the Judge asking the Judge to award Judgement because I had not filled a amemded defense and counter claim by the alloted time on the Court Order!

 

Could me requesting a strike out on an AQ copying this work???

[Jeff2000]

Just looked on Bellas thread which she got struck out.

 

One of the things that I possibly could put would be this...????

 

I put in an App Notice to strike out the case on the grounds that they had not complied to the Judges Court Order! And because they have not produced the agrrement and everything else asked for, I am unable to make a amended defense and counter claim!

 

The Sols sent us threats to withdraw this and that they would rigorously defend any such actions, In fact we found out that the sols had written to the Judge asking the Judge to award Judgement because I had not filled a amemded defense and counter claim by the alloted time on the Court Order!

 

Could me requesting a strike out on an AQ copying this work???

 

 

Hi,

 

 

I certainly think you have a good case to ask for a strike out based on their none compliance with a court order.

 

Hopefully someone else will also agree!

 

 

Good luck, Jeff.

[Lula]

actually I agree also, that should be it, write a letter to the court and see what happens, Just ask that as the claimants have failed to comply with court order issued by DJ XXX on DDDDD then you are requesting a strike out

[tomterm8]

Hi electric lemon, I'm back... somewhat;)

 

Because this thread is long, I think it might help if you produce a summary of what's gone on so far...

 

1. what their POC was

2. What date you acknowledged service

3. what date tou filed your defence / the content of your defence.

4. What court orders you've recieved.

5. Whether you have had any charges or PPI added to the account

6. if they have failed to produce any other information... i.e. account statements etc.

7. the credit agreement ... link to angel's thread.

8. What was in any application for a stay.

9. Anything else you think useful.

 

I hope you know that the site helpers and members of the site are right behind you. While you have encountered some difficulty, by producing this summary it will make it easier for people to help you.

 

Although you did not submit an ammended defence on time, courts regularly allow people to amend their defence after time, and with your family problems you have a decent excuse.

 

I don't think it is time to give up... we may need to limit your defence to bank charges / PPI ... however, there is still stuff I believe we can help you with. If you give up now, it will be much harder to help you after a CCJ has been given. In particular, it will be very difficult to recover any penalty cfharges / unlawful PPI which may very substantially reduce the amount of any CCJ granted.

 

Similarly, by pointing out the credit agreement, the brightest minds on CAG will be able to look it over to see if it is enforcable - as I believe - or unenforceable as Laiste seemed to believe.

 

i do know filing an amended defence or counter claim can be expensive, but we can at least explore your options, and allow you to make up your mind.

[bella2007]

Hi Electric,

I am having probs with my scanner I have PM'd you please reply!

 

Bella

[gizmo111]

Hi Electric,

I am having probs with my scanner I have PM'd you please reply!

 

Bella

 

 

What is it you are trying to scan Bella?

[bella2007]

Hi Gizmo,

 

A hard copy of an app notice that Electric asked for.

 

Regards

 

Bella

[gizmo111]

Hi Gizmo,

 

A hard copy of an app notice that Electric asked for.

 

Regards

 

Bella

 

 

Can I help in getting it to EL, I am quite happy for you to fax it to me and then I can scan and post it here.

[bella2007]

Hi Gizmo,

 

Laiste helped me with my App notice and letter she says that mine won't help Electric as her situation is different to mine!

 

I wish I could help Electric as she is in desperate need of sorting this mess out but I am not experienced enough and hope that someone on here can guide her through!

 

 

Bella

[electric lemon]

Thanks everyone.

 

Gosh, there seems to be real teamwork here & Im very appreciate of it ell.

 

Tom-Term I will get my details up asap.

 

Bella, got your PM-many thanks.

 

Its not all the details of your AQ I needed, as of course I appreciate that your case was quite different with EGG. Its just the part about EGG not adhereing to the judges orders, and how that part was laid out thats all so that I can apply it to CL's actions.

 

I am hoping that I may have a slight possibility for a strike out on their non-compliance of the judges orders.

 

I do feel that I just may have a glimmer of hope. Thank you all.

 

Electric

[electric lemon]

Hi everyone,

Ive not been able to be around - again because of my very unwell mother, however I am back now for 2 weeks & finally have the time & energy to put into somehow coming up with something that may help me, as the court date is Dec 14th.

 

Tom Term are you around?

I would so like to be able to call upon you for your assistance, or anyone else that might be able to help.

 

I will get all the info up in the next 24 hours.

 

The main thing with this case is that CL finance have failed to comply with the judges orders from September to supply me with missing statements with which are required to deduce an accurate amount that is owed.

 

This renders the amount that they are claiming on the Judgement inaccurate. Laiste when she was previously here felt that this may not be enough to present to the judge & that even with CL not complying that this would not stop the Judge making judgement against me, however Im willing to try anything.

 

So if anyone is out there that can help I would be so very grateful.

 

Its been such an arduous journey I really feel that I dont want to give up without a fight.

[electric lemon]

Hi there All,

 

Just wanted to say that Im in Court tomorrow at 10.a.m.

 

It will be D-Day.

 

I havent been able to get on here adequately, nor have I had a bean to spare/any money to file a defence or counterclaim.

 

I am anticipating that judgement will be filed against me, that CL will win, and am sadly prepared for it.

 

I can only appeal to the Judge in the fact that I have had no means/money to appeal/counterclaim & that CL finance have failed to furnish (despite judges orders ) the missing statements showing charges that deem the amount CL are claiming inaccurate.

 

If anyone is out there that feels they may be able to offer me any advise or anything at all with which to take with me tomorrow, advise or otherwise I would be most grateful.

 

Yours, Electric:(