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

[electric lemon]

HELP!

 

I havnt heard from Laiste in a while & Im getting a little concerned.

 

Hope that she's ok?

 

Does anyone know?

 

Has anyone here got a clue on the AQ that I have to complete?

 

If Laiste is unwell or is unable to assist me for any other reason then I could really & desperately do with some advice here as the AQ has to be in Portsmouth by 12th June - which is next Tuesday - EEK!

 

I would have to send it off by the Monday by next day delivery which doesnt allow me very much time.

 

All help most gratefully received from anyone out there that may be able to help.

 

Many, many thanks,

Electric:confused:

[steve_butcher]

Hi electric, I got a PM from Laiste today, so she is well, but very busy.

[Laiste]

Hi Electric,

 

Stop panicking, LOL:rolleyes:! I have a lot on at the moment but I haven't forgotten about your AQ! There is plenty of time and if it's sent by guaranteed delivery next Monday, it will be with them by Tues, so it won't be a problem.

 

I have received the paperwork you sent me, thanks. But you've not helped the situation by blacking out all of your personal details! How am I supposed to send back to you the completed copy of the AQ? You need to send me either a prepaid A4 envelope so that I can return the AQ by ordinary post, or send the monies to cover the cost of recorded or guaranteed delivery.

 

Regards,

 

Laiste.

[electric lemon]

Hurray you're OK!!!!!

 

Glad to hear that you're in good health there Laiste.

 

You know me.....bog standard little ole' worry wart me!!!

 

So glad that things had arrived ok.

 

I had already blacked things out so as to scan on here, but of course hadnt offered any consideration to the fact that you might want to relay somethings back. Sorry.

 

Pidgeon?????!!!!

 

The AQ that you have Laiste is a copy that I did. I have the original here. Do you want to post up the reply here? Would that be ok? It would probably save time.

 

If not, let me know & I shall send off an A4 & covering finances but think the former may be better, so that I can then copy onto the original AQ I have here & mail pronto.

 

I called Portsmouth today & made them aware I have been assigned the wrong area. They said to go ahead & post all to them & they will relocate everything to Plymouth.

 

Hope I did the right thing.

 

At least I know now where to send some pink champagne!

 

Loads of luv,

Els:D

[electric lemon]

Hows things going Laiste?

 

I hadnt heard from you since my last posting so presume that you are happy to post here regarding the AQ.

 

I would have to post the AQ off tomorrow (Mon)to ensure delivery to the courts for Tuesday.

 

Hope all is well!

 

Let me know if you have any questions.

 

I'll PM you later.

 

Many, many thanks.

And that you're able to enjoy some of this lovely weather this weekend.

[steve_butcher]

Electric, did you get your AQ sent off, what were the key points?

[electric lemon]

Hi there Steve & all,

 

Firstly, Huuuuge thanks to the ever-assistive & marvelling Laiste for help in putting this all together!

 

Yes, AQ went off.

 

Managed to hand deliver it to the court on the Monday.

Personally waited & watched until they opened the envelope, pulled out AQ & stamped it as received.

 

Contents as follows under section 'G':

 

1. The Claimants have failed to furnish information requested under a Subject Access request.

 

2. I intend to give the Claimants a further seven days to provide said information. Should they fail to do this I will apply to the court compelling their compliance, as their refusal to furnish the documents I have requested is denying me the opportunity to file a Counter-Claim.

 

Basically I am still waiting for all my statements to arrive to look at the amount of unlawful charges they have made. To date they have only sent a letter saying there are 4 charges in total. ( Not good enough - I have the right to see my statements. SAR went off 12th March!!).

 

Until I have all this information I am unable to complete my CC as stated.

 

In addition, they broke some rule regarding the CCA as they went past the 12 day & 30 day ruling for supplying me with it, and as far as Im aware have broken the law(?). Though I didnt add that in the AQ, but think Laiste may well advise me to put in the CC - I think!

 

I have also requested postponement for another month to enable more time to get everything together. That will take me to July, & I have said that Im not available till end of August which means that I am looking at a court date at the earliest of September. Though the way courts have been going it may not be heard until next year!!!!

 

Oh, & a copy of the AQ has to be kept by me & a copy to the Solicitors of CL Finance. This is called 'Filing & Serving'. Ha ha - Im learning Laiste!!

 

Letter accompanying the solicitors reads as follows:

 

 

Dear Sir/Madam,

 

Please find enclosed a copy of the Allocation Questionaire by service upon you.

 

Yours Faithfully,

Electric

 

Hope this helps.

[electric lemon]

Hi there My Super-Duper Laiste,

 

How are you doing?

 

Just to let you know that an interesting letter arrived from the Court this morning.

 

It reads as follows:

 

 

Before District JudgeXXXXXXX at XXXXX County Court, XXXXXX

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

The Claimant having failed to file the allocation Questionnaire as directed, unless the Claimant files the allocation questionnaire by 4.00.p.m. 29th June 2007 the claim shall be struck out.

 

Dated 15 June 2007.

 

Is this good news?????

 

I get the picture that CL Finance obviously didnt submit all they were supposed to & if things go well for me, they will not submit by 29th (oh, pleeeeease dont!!).

 

Its very interesting though dont you think?

 

And I was getting ready to go to the next step as they still havnt given me my statements!

 

Loadsa luv,

Electric

[tomterm8]

Hi there My Super-Duper Laiste,

 

How are you doing?

 

Just to let you know that an interesting letter arrived from the Court this morning.

 

It reads as follows:

 

 

Before District JudgeXXXXXXX at XXXXX County Court, XXXXXX

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

The Claimant having failed to file the allocation Questionnaire as directed, unless the Claimant files the allocation questionnaire by 4.00.p.m. 29th June 2007 the claim shall be struck out.

 

Dated 15 June 2007.

 

Is this good news?????

Makes them look like t***s, but it is only really good news if they don't file by 29th.

 

I get the picture that CL Finance obviously didnt submit all they were supposed to & if things go well for me, they will not submit by 29th (oh, pleeeeease dont!!).

 

Its very interesting though dont you think?

 

And I was getting ready to go to the next step as they still havnt given me my statements!

 

Loadsa luv,

Electric

 

Does seem like you're winning, LOL.

..

[yaffsimone1]

This shows that creditors have total lack of respect for the court system.

 

Who the hell do they think they are? If they are told to do something by order of the court what gives them the right to take it upon themselves to ignore it!

 

Lets hope they dont submit it Dont you just want to wipe that smile of their face!

[Laiste]

Hi Electric,

 

Well this is an interesting turn of events! They have to pay to file the AQ, so perhaps they think they cannot win the case! That said, lets not pin all our hopes on them not filing, it may just be an oversight on their part. I don't want to dash your hopes, but I prefer not to get overjoyed, until the final whistle has been blown! Sorry to be a killjoy, but they might have a good reason for not filing, and they may seek to vary the Order, or just might file by the 29th!

 

On a psychological level, it's telling they haven't filed, but we can't take it as being the end of the case. They might just be doing this to

de-stabilise your position. These companies are not above all sorts of devious behaviour to undermine you!

 

What a misery I am! I pour cold water on everything!

 

Regards,

 

Laiste.

[electric lemon]

No, no, you're not a misery!

 

I agree with you totally that they may well be playing at Psych games - that would be it appears very typical of them.

 

I, like you am highly amused by it! I wasnt expecting it so it was a bonus really.

 

If they do file, (& I wish the Court hadnt have given them a reminder!), then we just go onto the next step.

 

God, Id love to have Harry Potters cloak & be in their office this week!

Ha ha!!

 

Hope you're well Laiste.

[steve_butcher]

Why do they play these games, surely they must be bound by a code of conduct or professional ethics?

[hellhasnofury]

Why do they play these games, surely they must be bound by a code of conduct or professional ethics?

 

Yes their own:eek:

[electric lemon]

Hi Steve & HHNF,

 

Beats me why & how they can be allowed by the court to get away with things???

 

Cant help but think that if my AQ hadnt got in on time by a specified date that, that would be it. Dont reckon I would have any Judge giving me another chance or 7 additional days eh???

 

Its a nail biting time now until 29th which is next Friday.

[electric lemon]

Tick Tock Tick Tock.........4 days to go.......

[Josie8]

Its one law for them and one law for us......................

[RichardGazinya]

Good Luck Electric,

 

Laiste offered me advise by tracking your progress. She is very knowledgeable indeed and gives allot of time and effort too the cause.

[hello1000]

electric your a star after reading this gives me good hope to give ge money a bit of it's own medicine... they haven't sold my debt on as yet!!! but they have added £150 extra charges within the last 6 week's and I am sure they are planning something???

 

best luck......

[steve_butcher]

Hi guys any updates electric? I completed and returned my defence, got the court acknowledgement. Week later I have just got some letters from Arrow. 1) There is a screen capture of the alleged debt; 2) There is a copy of a scan of a copy of a supposed deed of assignment. It does not mention me the alleged debt, just two parties. One of the parties is Arrow, the other is called Homeloans? Never had a loan with these guys, how odd

[electric lemon]

Ooh-err Steve, sounds very strange??? Not right at all. However, it all adds to your defence when they just dont get things right.

 

Helloo1000, how nice to hear from you! And so glad that Laiste & I have been able to offer some help. Im glad that we've been a good read!

 

Well, Laiste (& all reading this) - I havnt heard anything at all yet.

 

However the 29th was only Friday just gone & I guess I may not hear anything from the courts for another week or so for a letter advising me of whether or not CL have been struck out for failing to get their AQ in on time.

 

I did go on-line to look at the case but the info wasnt there.

 

I wonder if I should call the court tomorrow & ask them? Do you think they would tell me? Cant see why not?

 

Must dash - I see someone else has been having difficulties with CL Finance - so need to have a read.

 

Loadsa lurve Laiste - hope all is well with you.

[electric lemon]

Bad, bad, bad, sad news.

 

Cl paid for their AQ & I received a letter yesterday saying that I have to go to Court on August 23rd.

 

I am so mad with them.

[electric lemon]

Hi Laiste,

 

I hope that this post finds you well.

 

I know you have been ultra busy lately, but thought I should advise the following.

 

(please ignore post up above - I gave wrong date)

 

Latter received last week stating that there is a:

 

Determination Meeting at Court set for August 29th.

 

Can you advise on the next step?

 

Many thanks,

Electric.

[steve_butcher]

Electric, sooo sorry to hear that they are giving you a hard time! I had hoped that you had won this battle. What have the courts said to you about the determinatin meeting? I have no idea whats going on (legally) half the time:confused:

[Laiste]

Hi Electric,

 

I hope you are well! I forgot to thank you for getting in touch with Bella for me! There has been a great deal going on, but I appreciate what you did, so many thanks!

 

The hearing is basically to determine how the case should proceed. I would recommend that you ring the Court to find out if they have submitted any applications. Simply ring and ask if the Claimant has made any applications. Even though they(the Claimants) are supposed to send a copy to the other party if they submit an application to the Court, frequently these Companies don't, to gain an advantage in the case. So you need to find out about any action the Claimant or their solicitors have taken.

 

Moving the situation forward, it is time to consider submitting a counter-claim, which serves two purposes. One, it gives you an opportunity to raise arguments in respect of the Claimant's unlawful conduct and claim compensation. Two, c/c's are the perfect bargaining tool to use. So, whilst claiming compensation might not be uppermost in your mind, getting rid of the debt and default definitely are, but if the Claimant starts to doubt their own case, they will try reach an agreement with you. So, to begin with they might offer you really reasonable terms to repay the debt and eventually you will get to the point where they say, if you drop your c/c, they will drop their case against you. So it all effectively becomes about negotiation!! IMO, it is highly unlikely they will want to take this matter to trial, but you need to prepare for that eventuality and do all you can to frighten them into running away and c/c's are th perfect way to do that!

 

I hope this offers some guidance and reasurrance!

 

Regards,

 

Laiste.