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

[Laiste]

Hi Electric,

 

As I've said in previous posts, the Defence needs to be amended, so you will not be in a position to argue your case based upon information that at present isn't included in your Defence! If you start arguing points that are not included in the Defence, trust me, the Judge is not going to be happy with you, especially if it's the same guy as last time! It is quite common for Defences and Counter-Claims to be amended during proceedings and for it to happen more than once, as very often certain information comes to light during proceedings that materially alters certain facts of the case. Anything that does change, has to be reflected in the Defence and c/c, and witness statements, so that there are no "surprises" on the day for either party!

 

I have a lot of experience with Court cases Electric and I have given you the benefit of my advice, which is that under no circumstances should you attend the Hearing in October, you should file an Application Notice on the grounds I have detailed to put off the case for the time being, so that you can deal with it properly in due course. This matter involves more than simply "genning up" on the Wilson case, and it's certainly not something you can wing!

 

Ultimately, it is your case and your decision what you do, but know the risks you are running by attending in October.

 

Regards,

 

Laiste:)

[tiglet]

He's popping up everywhere - MODS - kick him off!

[Laiste]

What's happened? My post has disappeared????

 

Laiste.

[hellhasnofury]

I replied to a post which has disappeared.

 

I posted defending CAG

 

Yes I agree, I saw it twice and it has been edited. I think the post was a bit unnessesary to say the least. not yours, the touter Yes and I can't spell either:D

[tiglet]

Silly person has just said CAG are desperate for people not to leave - quite frankly, I don't think the Mods could give a rats ass - the site's about helping people as and when they need it, not about people who used to post here regularly and are annoyed that their advice was not taken due to it's aggressive content.

 

Yes, chathamdefender - we know who you are.

[Laiste]

After Electric posted up her message, I noticed someone had posted a message detailing websites and saying that Electric should visit those, as the sites were much friendlier! I assumed he was having a pop at me given that I'm a little sharp sometimes!!! Anyway, I ignored it and simply replied to Electric and now my post has gone!!!

 

Mods can you please post up my message, I don't really want to type it all out again!!

 

Laiste.

[Laiste]

I'm intrigued now....who is this person that used to post on here?

 

Laiste.

[Bookworm]

After Electric posted up her message, I noticed someone had posted a message detailing websites and saying that Electric should visit those, as the sites were much friendlier! I assumed he was having a pop at me given that I'm a little sharp sometimes!!! Anyway, I ignored it and simply replied to Electric and now my post has gone!!!

 

Mods can you please post up my message, I don't really want to type it all out again!!

 

Laiste.

 

Laiste, I haven't deleted your message, hun, as you know, I can see the posts, as they are unapproved, not deleted, and there isn't one of yours there, I promise. ;-)

[Laiste]

Hi Bookworm.

 

I have just received a PM from CagBot saying that my message was approved?!! Can you confirm whether or not it will appear, as I will not be a happy bunny if I type it all out again and then it pops up in the

thread!!!

 

Regards,

 

Laiste.

[Bookworm]

Hi Bookworm.

 

I have just received a PM from CagBot saying that my message was approved?!! Can you confirm whether or not it will appear, as I will not be a happy bunny if I type it all out again and then it pops up in the

thread!!!

 

Regards,

 

Laiste.

 

I'm CONFUUUUUUSED! (easy thing to do, one may say. )

 

Have you tried refreshing your screen, see if your "missing" post has reappeared? Because from where I am sitting, all your posts are approved, I have checked your backlog of posts, and there are no unapproved ones, so it may be someone else accidentally unapproved yours, reapproved it, and if I came in after that, it wouldn't look odd to me, if that makes sense? *mops brow*

[livelylad]

I think it was me, I may have unapproved then reapproved your post whilst trying to stop the idiot posting links.

 

Sorry.

[Laiste]

I need a lie down in a darkened room now, or a large glass of wine!!! lol The latter sounds better however....

 

I think it's easier if I simply re-type what I said earlier, I feel it might be the abridged version, before that large glass of wine.....

 

Regards,

 

Laiste.

[Bookworm]

You have a PM, that might help before you do that.

[Laiste]

Hi Electric,

 

This message has been a long time coming!!!

 

I have advocated putting in the Application Notice to stay proceedings because it is the best course of action to take. You can't just "gen up" on the Wilson case and hope you'll be able to wing it!

 

You have to argue your case on the basis of what's included in your Defence and we have not included the Wilson case. That's why I said a while ago that your Defence needs to be amended! It is quite common for Defences and Counter-Claims to be amended during proceedings and this may happen more than once. The reason being, as a case progresses, additional facts often come to light and the Defence, c/c and witness statements have to reflect this. Every argument that is raised in a case, either by the Claimant or the Defendant has to be detailed in those documents. This is to ensure that neither party is "surprised" at a Directions Hearing, or the trial, by any points raised by one or other party.

 

The Judge took a hard line line with you and that was one of the reasons I said that it was imperative for you to amend your Defence. If you go along to the Hearing and start raising points that are not in the Defence, if you get the same guy, he is going to get very annoyed with you. Courts/Judges have a responsibility under the Civil Procedure Rules to avoid wasting time and resources, so if you don't follow the correct procedure, namely filing an amended Defence, (or file an Application to stay proceedings) he will want to know why you haven't followed the correct procedure. Furthermore, he will not allow you to raise arguments you haven't included in the Defence and will start giving you the third degree as to why you haven't filed an amended Defence. You have already got this Judge's back up, do you really want to go back for round two??? There will be notes about the case in your file at the Court, so you can't hope for an easier ride from any other Judge you may appear before, I'm afraid!

 

I obviously have made reference to the agreement being unenforceable in the Defence, but I don't have time to look over exactly what's in the Defence, so you'll need to check that out.

 

The only sensible way to proceed with the case is to file the Application Notice on the grounds I outlined in my PM to you, requesting that the case is stayed. Non production of statements alone is not going to end this case. You have no choice if you want to eventually want to win this case, you either have to file an amended Defence (and c/c in due course) or request that the case is stayed, those are the only (logical) choices available to you.

 

If you decide to ignore my advice, understand the huge risk you are running in attending Court in October, it is a most unwise move.

 

Regards,

 

Laiste.

[electric lemon]

Thanks Laiste.

 

How do I get this sorted pronto?

 

Do I go down to the court for an Application Notice?

 

Can I do it on line?

 

I see that I have to do an amended defence & will state that my Mother has been unwell, but am still scared that I will do something wrong.

 

Help, help, Help anyone.

 

Havent been able to be online as been in London over weekend with my Mother.

 

Havent slept properly over weekend with this on my mind. Its stressing me to the max.

 

Im in desperate assistance, & time is of the essence.

 

Thanks.

 

Electric.

[electric lemon]

Calling Tomterm or Rory32

 

Have been advised that if I am going to seek a stay I need to:

 

" get someone very competent to complete the AN and accompanying letter, as this really is my only opportunity to put this off and buy myself a fair amount of time".

 

Can either of you guys help with this??

 

I am not either "competent" or "confident" in what Im doing & am scared stiff as I dont know what Im doing.

 

Time most gratefully appreciated from anyone around that may be able to help.

[Laiste]

Hi Electric,

 

I have Application Notices. If you PM me your address and the details of your Mum's illness, I will take care of the necessary paperwork and send it to you in the next few days, to take to Court. You will need to cover the cost of me sending it by g/d to you.

 

I trust this averts the crisis!

 

Regards,

 

Laiste.

[zootscoot]

Hi Electric Lemon,

 

Please do not give out your personal details via pm and do not send anyone any money.

 

If you could post a quick summary of your case and reasons for applying for a stay I will help you word an application.

 

Best wishes

 

Zoot

[electric lemon]

Hi Zoot,

 

Many thanks for your reply I really, really appreciate it. Especially with my limited knowledge of the legal system & very difficult family circumstances right now.

 

Laiste seemed quite concerned that I should let you know that I had previously sent her information regarding this case. I do of course understand that it can be unwise to give out personal details but we had already done this reciprically a while back.

 

I hope that this clears up any concerns.

 

Yours most gratefully.

 

Electric.

[electric lemon]

Just wanted to apologise if I have caused any confusion??

 

Also wanted to say a big thanks to Laiste who has offered never-ending support & help to me over many issues. She has always come to my aid & promptly too, not to mention the many times she has had to go over things with me when I havnt understood!

 

Never-ending patience she has.:o

 

Laite has always been most genuine with her knowledge & expertise which without I would be up SHI** creek!

 

Ive Pm'd you Zoot.

 

Love to all,

 

Lemoney with another cold & feeling achey & really crappy.

[zootscoot]

I've not received a pm

[electric lemon]

Huh?

 

OK Zoot, will try again.

[manjusha]

Hi Electric.

 

I had a trial hearing today.

 

http://www.consumeractiongroup.co.uk/forum/store-cards/88346-c-l-finance-me.html#post1166025

 

Hope you can gather some strength from it. I am really tired now & exhausted. Theres going to be a day long trial & the Judge seemed to think the sensible thing to do will be to come to some settlement. I am not sure.

:?

[Josie8]

Wilson v First County Trust Ltd [2003] UKHL 40 states:

Para 121. But the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement under which FCT provided the loan to Mrs Wilson,..................... was unenforceable. The statutory bar on its enforcement extended to FCT's right to recover the total sum

 

Para 123 section 127(3) of the 1974 Act too, like sections 6 and 13(1) of the 1927 Act, was designed to protect unsophisticated borrowers. There is no doubt that they would be exposed to the risk of harassment by unscrupulous creditors if creditors could override the statute by appealing to the common law. I would prefer to say that it would be inconsistent with the statute to provide FCT with a common law remedy to redress the enrichment which Mrs Wilson has received at its expense

 

Para 172. Parliament's intention in enacting section 127(3) of the 1974 Act was to make a loan, made under a regulated agreement, unenforceable in certain events. The courts cannot defeat that intention by allowing some alternative means of recovery.

 

This judgement is binding on all courts and means that CL will not be able to recover anything if no enforceable agreement is produced. It is irrelevant whether it affects their business or not. This is the financial penalty imposed by Parliament.

[electric lemon]

Hi everyone,

 

Not been around for a while.

 

Work, ill mother & all this really had got to me & stressed me to the max so took some much needed time out from it all.

 

Im back to a degree but taking things gently.

 

Need to update you with what has happened since Ive been away.

 

Very sadly as we all know, Laiste departed from CAG much to the shock & sadness of many. I must say that she was only ever trying to help me through all my correspondance here & elsewhere. She was an honourable lady to whom many of us owe much.

 

After she left she amazingly continued to help me, & assisted me with my urgent application for a stay. This we did between us (I didnt do the legal stuff of course!!) & in the nick of time got it in.

 

A stay was requested until the outcome of the OFT case ?feb/march next year in order to get a counter-claim together.

 

I cannot tell you the amount of relief it gave me to get a phonecall from the court the day before,saying that it had been accepted & that I didnt have to attend the court. I could have cried.

 

Anyway, that was that. And I had the time that I so needed to decide what to do next.

 

OR so I thought. !!!!!!!!!!!!!!!!

 

Then low & behold I get a letter from the court end of last week saying that they have stayed the case only till the 14th December!!!!!!!

 

Aaaaaaaaaaaaaaaaaaaaaah!!

 

So, Im back to being in the poo again.With not really a clue of much what to do.

 

CL are really digging the knife in.

 

 

Oh by the way, CL have still to furnish me with all the other statements that are missing so I still don have an accurate figure of what is owed due to thefact that some of the amount they are claiming consisit of charges!!

 

I did notice tonight that Bella had her case with EGG struck out, which is fantastic & wonderful news! So when I can I think I shall get a little peek over there to give me some hope.

 

Is anyone in a position at some time to assist me with a Counter-Claim. I am happy to do the work but havent a clue of where to start and as I understand they take alot of time to do.

 

Matbe I could just see one that has previously been done.

 

Love to you,

Electric:)