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

[The GodMother]

Well for your nerves rite now a good stiff drink would be some help.

[caro]

All is far from lost. The judge is still listening and not dismiss what you said out of hand.

 

What you must do now is make sure that you understand your own case properly. If other people have helped along the way, go back and read everything, and re-read it until you understand it. If you refer to other cases, legislation, CPR's etc, read those things too. If you aren't clear yourself, you will struggle to make the judge understand.

 

This is why it is so important to make sure that you do the work yourself, because when you get to court you are on your own. If there are things you still aren't clear of, post them on your thread so others can try and explain.

 

Prepare, prepare, prepare. Take a deep breath and calm down. The more you understand your case, the more confident you will be, and if you understand it, then you will be able to answer any questions from the judge or the other side.

 

CAG empowers people to help themselves, but at the end of the day you have to put the work in. You can do this.

[The GodMother]

this may sound stupid but you could always print of this thread and take it to court with you having highlighted the relivant sections that will help u.

That way if you are asked someing you have it to hand.

 

You may also need a index of some sort eg CPR request page 6 post number 90 for example. That way you wont be looking thew loadas papers.

 

Chrissi

[renegotiation]

What court is this at? Can't someone got to court with this person? Oops just saw Car said that at the end of his post. If the worst came to the worst i'd go.

[tomterm8]

this may sound stupid but you could always print of this thread and take it to court with you having highlighted the relivant sections that will help u.

That way if you are asked someing you have it to hand.

 

You may also need a index of some sort eg CPR request page 6 post number 90 for example. That way you wont be looking thew loadas papers.

 

Chrissi

 

I would absolutly suggest not doing that:grin:

[renegotiation]

I would absolutly suggest not doing that:grin:

 

Lol. Just take in a laptop instead. Tell the Judge to read the thread and if he don't like it he can lump it! :)

[The GodMother]

tom why would you not suggest that?

 

It would help i thought.

[tiglet]

For starters, there may be information on here which EL does not want to disclose.

 

Then there's the fact that she will be revealing her identity on this thread.

 

Also, if there was anything on here which they considered libellous, they might sue her/the site.

 

Those would be my guesses.

[The GodMother]

ok i think i should clarify something. I was not saying to disclose it to the other side/judge she could use it as her notes especailly when it comes to legislation and questions around that etc.

 

I no some ppl have notes of things they want to bring up and have folder full of information they have gathed and reasearch etc that the other side does not see.

I no my solicitor for my divorce did she had a seperate folder full of things that included questions i wanted answered and points i had raise as well aas notes she had made during previous hearing and meeting with me etc. The folder was pretty full and contained about 100 pages some of these notes were pages that just reffered to something like book 1 page 6 then the referance and the other relivant info.

[car2403]

Then there's the fact that she will be revealing her identity on this thread.

 

Good point... But...

 

Surely there's enough info on these threads for the other side to "know" who is who on here anyway? Given the amount of info posted up, it would be almost impossible to remain completely unidentifiable, wouldn't it?

[renegotiation]

For court cases that would be very likely. It reenforces the need to have a strong skeleton argument and to feel confident about using it.

[electric lemon]

Hi Guys,

 

Many thanks.

 

The thing is Im not confident "renogotiation".

 

I am not afraid of hard work. Never have been & never will. I work full time, I have 3 young kids, Im often on my own as I have a husband that works shifts, I dont benefit from family locally, have sick elderly parents, & often am not in bed before midnight! In addition I do as much as I can here & anywhere else to sort my problems/difficulties out. I am all for people for helping themselves in life & being able to do as much as they can.

 

However, I am completely & utterly bamboozled & confused in consumer/financial law & courts & Judges & everything that goes with it. I am usually a very confident individual in all aspects of life, but not with this. I dont expect people to do the work for me, but cripes Im scared with this one.

 

I am petrifed of doing the wrong thing, putting the " opponents" in an advantage point because I dont truly know what I am doing.

 

The help here has been invaluable, and I am truly, truly appreciate of all that I have been in receipt of here, morally, emotionally & educationally.

 

But..... the fact remains that I have a Judge that is difficult & seems to err on the side of the companies.

 

For example: First time I was in court, In my defence I stated that CL had committed a wrong doing in the fact that I hadnt received a deed of assignment. This Judge said...well they sent me one. Here you go you have a copy now, you can take this one once I get it photocopied for you!

 

In addition, when I said I hadnt received missing statements to formulate my defence he said........here you go, they sent me them. Pop outside then & see what they owe you in charges & we can then carry on!!

 

Do you all get the picture?

 

This Judge doesnt seem to give a SH*T as to what I do have & dont have re statements, deeds etc that were or werent sent. He's also given CL so many chances to sort themselves out, and still CL havent & still he lets them carry on in which ever manner they seem to deem appropriate.

 

When I questioned the credit agreement he hardly looked at it & again said.......well you've got one now - I'll get it photocopied for you. Aaaaaaaaaah!!!!!!!!

 

He doesnt care that things havent been executed properly or within the law, he just does what he wants & I dont have the damn guts to oppose him like I would like to.

 

Anyway, I have a feeling that he will do what I had previously stated & that is award Judgement to Cl, but Judge will say..."well there are this amount of missing statements . If it cannot be proven whether there were or werent charges we have to presume there were....that means we will deduct £500 from the amount owing, so EL must pay £1500, Thats it -closure!

 

But I want to get the Bleepers on fundamental issues of not executing things properly, but need to quote & push with examples etc, so this is where my downfall is.

 

I think Godmothers idea is FAB!! And I am impressed with her intuitiveness. I shall indeed print EVERYTHING out from my thread & go over everything with a fine toothcomb & post accordingly with any questions.

 

I am very determined if nervous, but more than anything, ANGRY with these people & that motivates me more than anything.

 

Again, thanks guys for everything.

Mmmmmmmmmmm, lots of luvverly bedtime reading. Hehehe!!!

 

Leccy:)

[car2403]

He doesnt care that things havent been executed properly or within the law, he just does what he wants & I dont have the damn guts to oppose him like I would like to.

 

Anyway, I have a feeling that he will do what I had previously stated & that is award Judgement to Cl, but Judge will say..."well there are this amount of missing statements . If it cannot be proven whether there were or werent charges we have to presume there were....that means we will deduct £500 from the amount owing, so EL must pay £1500, Thats it -closure!

 

If this is right, you will have clear grounds for an appeal - Judges don't want their decisions appealed, as it makes them look inferior to their "colleagues", so he may have a different attitude when it comes to a final hearing, IMO.

[popeye1]

Your doing great el

[electric lemon]

Ok Guys,

 

Its now 2.20.a.m. & Im hanging!!

 

I have now individually copied & pasted my whole thread, having accumulated 98 pages to pore over & learn from & make notes!!!!!!!!!!!!!!!!!!!!!!!

 

I feel like a solicitor!

 

I will go through all the pages with a fine tooth comb & relay as & when is appropriate with any questions.

 

Wish me luck!

 

Love, an aching neck & shoulders Leccy tonight!

 

xxxxxxxxxxx

[caro]

Good luck Leccy. A lot of the info on cases, law, CPR's etc is in the CAG libraries. http://www.consumeractiongroup.co.uk/forum/#consumer-forums-libraries-bank

[popeye1]

Well done ,NOW get some sleep

[manjusha]

I'm guessing they use a standard template. I've noticed this with Bryan Carters POC's as well. They usually all say something like "cluase 7" which turns out upon inspection to be totally wrong.

If you knew no better you'd think they were right and they had you under that term in the contract. How many people really would check it?

Being the clause or term the claim is based on it's quite frankly a big gamble for them to do it. Unless they have the copy of the T&C's that you have you could argue that "clause 7" is not a reference to rights and duties.

 

 

This is what happened in my case. The T&C they produced did not have a clause 7 and the Judge threw the claim out. This is what I have been saying to you EL all along that its very important to establish if the T &C they have given you has a clause 7 that says what they have inferred to in their particulars of claim.

[The GodMother]

Ok Guys,

 

Its now 2.20.a.m. & Im hanging!!

 

I have now individually copied & pasted my whole thread, having accumulated 98 pages to pore over & learn from & make notes!!!!!!!!!!!!!!!!!!!!!!!

 

I feel like a solicitor!

 

I will go through all the pages with a fine tooth comb & relay as & when is appropriate with any questions.

 

Wish me luck!

 

Love, an aching neck & shoulders Leccy tonight!

 

xxxxxxxxxxx

 

do u have a spear nit comb or would you like one of my spear ones. they are still in the packaging.

[electric lemon]

hehehe! Nice one Godmother!

 

Manjusha, good to see you - reckon I may need you a fair bit over next couple of weeks! The clause 7 bit - to clear up. It wasnt that clause that CL highlighted when they sent me a copy of the terms & conditions, it was clause 15. Cant understand why?????

 

I shall go over what is in their poc & see if there is a reference to clause 7 or 15.

 

By the way anyone, first question.......

 

If I havent been able to STILL put in my Defence & CC what can the Judge do at this coming hearing?????

 

Surely as CL still havent come up with the goods the Judge cant do that much...or can he??

[The GodMother]

well as you no he could grant them more time but without an unless order i dont thing you will get anywere.

 

He could always do the rite thing and throw the case out as they have not supplied the info.

 

He could always grant a unless order but i think he would not do this based on his past decisions which you havw told use about

 

He could always do as you said and remove the charges he knows about and remove another sum of money, the charges that he estimates that areont the missing statements, and then award the rest against you.

 

but if he does that i think you could always appeal the decision as it would not be fair on you as he cannot prove how much these charges are. I would just PM pt and see what he says.

 

Chrissi

[electric lemon]

Hi Guys,

 

Does anyone know of/is in touch with " Kingdom" who used to be on here?

 

Looking through my notes (trawl, trawl) he states that he successfully got his case thrown out by his Judge end of last year, for CL's non-provision of statements. I need to get in touch with him, as if I know what court he was at & which Judge it just might offer some weight when I go to court next week.

 

Can anyone help?

 

He's on "skype" under allenpf I think. Whatever skype is??!!

 

Thanks chappies.

[elsinore]

He logged on to the Forums as recently as 7th March, EL.

 

Why not send him a PM?

 

Els

[pt2537]

Hi El,

 

 

Skype is a internet chat program which allows VOIP telephoning

 

you can download it from Skype official website - download Skype free now for free calls and internet calls and its free to use.

 

alternatively you could do as Els suggests and PM them, heres a link to their profile http://www.consumeractiongroup.co.uk/forum/member.php?u=78387

[electric lemon]

Thanks guys,

 

Sent him a pm day before yesterday, and am hoping for a reply.

 

Has anyone quoted the Wilson case & won recently or at all does anyone know?