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

[manjusha]

EL,

Is there a clause 7 in the T & C of the credit agreement? I can't make out from the scanned copy.

[manjusha]

Also have you got a copy of the default notice? If the amount owed on the default notice & Notice of Assignment include penalty charges, they are incorrect.

[car2403]

Just looked at the Judgement/order sheets.

 

The only time that the Judge quoted that anything be struck out was when CL failed to file their AQ on time - Oh what a surprise!

 

So, On 18 June the judge quoted that they had failed to file it & gave them ANOTHER week, & if they hadnt supplied it by then the case would have been struck out.

 

They did do it by the skin of their teeth. Grrrr.

 

Even if the Order doesn't state it, the Court still has wide ranging powers of case management where a party hasn't complied with it's orders - IMHO, the Judge will stay the claim for 28 days for them to comply with the documentation with a strike out of claim if they don't, or he'll throw it out straightaway.

 

As with these things, it's worth writing to the Court Manager outlining that they haven't complied with the Courts Order and asking for the file to be referred back to the Judge prior to the next hearing - he may just decide to strike out without further notice, but giving him the option and a nudge won't hurt. Plus, he won't know they haven't complied until the day comes around, so telling him in advance gives him more time to consider his options. These Judges don't tend to take the initiative too much, but pointing them in the right direction can get some positive action, if it's done in the right way.

[manjusha]

EL,

 

Another thing that I just noticed whilst looking at the NOA. Its dated the 9th March 2007, which was a Friday. Howard & Cohen issue proceedings online 99% of the time to save costs. This was disclosed to me by their advocate on my second hearing. So they issued online on a Friday and sent you the NOA on the same day. But your POC states that it was issued on the 12th March (Monday) in Northampton County Court. So they either issued after the court shut on Friday the 9th March or the court for some reason did not process this till Monday the 12th March. This is exactly identical to my case. They issued online on Friday the 30th March. But the court only issued the claim on Monday the 2nd April. And the Judge in my case, on the second trial, before making the decision to strike the matter out, thought this was of GREAT IMPORTANCE. He said what this meant is that even if H&C sent me the NOA on Friday the 30th March, as it was not sent by Next Day Delivery Post, I would have only got it after the claim was issued against me. Therefore, the legal assignment was invalid due to the Law of Property Act. In my case it was sent to me by Business Post & I kept the envelope as well. But I only received the NOA much later on.

 

But in your case, I note that you did not receive this at all till at a hearing when it was produced.

 

If they can't prove that they sent you a NOA which you received prior to the a claim being issued against you, then they are in trouble.

[electric lemon]

Hi Guys,

 

Manjusha, your input is very important so thank you for taking the time to assist in my case. Its very much appreciated.

 

Aaaah, the query I had over clause 7 is unrambling......when CL sent the copy to me they used a green highlighter to highlight clause 7, but I cant read it anyway as its so small.

 

What does it mean as clearly its significant. (to my detriment I feel?!)

 

The amounts stated on the default notice & deed of assignment do indeed incude penalty charges, of which they are aware as they sent me a letter stating such, and quoted only 4 charges, though there may be more but I cant say for sure as there are, as Im sure you have gathered many months of statements still missing.

 

baby daughter is up & crying, with an ear infection so have to shoot - will read up on other info posted tomorrow.

 

Nite all.

EL

X

[Jake Maverick]

You Can Not Fight These B'stards!!! I Did And Won- But I Am Still Suffering Tot His Very Day!!!! You Can Not Do Anything!!! Once They Decide To Frack You Over There Is Absolutely Nothing You Can Do Even If You Do Spend Thousands Of Pounds And Thousands Of Man Hours Fighting Them!!!

 

I Did, I Won But They're Still Fracking Me Over Tot His Very Day!!! Yobs With No Names- They Have The Same Power As G-men These Days!!!

 

There Is Absolutely Nothing You Can Do!!!! Mere Mortals Such As Myself And You Are Not Even Allowed Access To The Court System Anymore!!!! All You Can Do Is Suicide Or Fight Back, And I Can't Recommend That For Legal Reasons!!!!

 

Want My Story? Email Me!!!!

[The GodMother]

EL,

 

I would contact the courts today best buy telephone and see if CL have filed all the statements with the courts. As you siad earlier they filed one lot with the courts and none with you last time.

 

Chrissi

[mammyslad]

Hmm, if you say so. i personally have never been convinced by Laiste's approaches

 

as for a loss, no i don't believe that's the case at all. there are many knowledgeable people on here who can do exactley the same job Laiste did and a EDITED

 

I am wondering why the above post from PT was edited, after all he is a Mod and should not be edited. don't you think we should have the full benifit of his opinion ?

 

ML.

[tiglet]

Probably because it's best for laiste to be laid to rest, so to speak and instead concentrate on assisting the OP.

[pt2537]

ML,

 

its really irrelevant, so please don't spend any time dwelling on that quote;)

 

Regards

paul

[mammyslad]

Oh shucks, I was waiting with baited breath to see what was edited out because it might have been relevent to electric's case.

Anyway Pt no problem if you don't want to expand on the editing we will leave it at that.

ML

[pt2537]

Yes,

 

Lets leave it at that, best way i think:)

[The GodMother]

EL

 

did u manage to contact the courts about the missing statements?

[electric lemon]

Not been able to call the courts today as had way too many patients to see.

 

Im only working tomorrow morning so will be able to contact them in the afternooon.

 

Got to admit Im a little nervous, as last time I called the lady the other end of the phone got well shi**y with me, saying basically how wonderful CL were & that they never make mistakes as they're such a big company.

 

In addition she said that CL dont ever need to send anything out by recorded/signed for mail as they are so big they dont need to!!!!!!!!!!!!

 

Woss she on, a flamin comission?????????????

 

Anyway, do I just call and ask them to confirm what dates of all the statements she has? Will she give them to me? There are alot 2002 - 2007.

 

Do I word my request in a certain way in order to get the best out of them? and, can I go down to the court to actually see what they have provided the court or is that out of the question?

 

Thanks guys.

 

Manjusha, many thanks for the claim filing info. Thats most interesting, & something I think will need to be quoted.

[electric lemon]

By the way Car, nice o see you & many thanks for your input.

 

I would like to think that the Judge presiding over my case would order a strike out this time, but have always had the impression that he is woefully & obviously on CL's side.

 

The hearing in July when it became apparent that I hadnt been issued statements but the court had, the Judge just sent me out of the courtroom like a naughty schoolchild, & with a wave of his hand & rather condescendingly told me to pop along and work out how much the charges were, as if I could then go back in & tell him £150, so that he could IMO, then say......

 

.....Ok then judgement for CL minus the £150 in charges for this lady, thats all nicely wrapped up & I dont have to waste any more time on this silly lady & situation.

 

Thats what it felt like.

 

So, Im not too sure about him striking anything out!

 

However, if he doesnt strike anything out soon, he's going to be looking like he's being made a fool of by CL, as they really are beginning to take the P*ss out of him & me.

[electric lemon]

Just found this from a PM that Laiste sent me last year:

 

I am sorry to read that things are not getting any easier for you. I have just read through the information again that you sent me and looked at the agreement & NoA. Both are unenforceable.

 

However, sadly she didnt advise why that might be?

 

Can anyone here shed any light on this at all.

 

Many thanks.

 

 

[The GodMother]

I think it is best that you have a note in front of you that has a list of all the missing statements and you ask to speak to the case manager.

 

Say to the case manager i need to know this today and you are willing to wait on the phone while he looks threw and finds out if they have the missing statements, Hopefully to make it quicker for them they have sent them in date order. and tick of as he says they have /have not got them.

 

As him what the best thing to do next is as they have not supplied them to you but l think they will say you need to make them awear of the situation in writing.

 

We can then go from there with what to do as once we know the situation with the ststements we will no more.

 

Chrissi.

[pt2537]

Hi EL,

 

I would be interested to hear too as in my opinion, the agreement is good.

 

it contains the required prescribed terms and there fore providing its signed by you and the creditor, the court can enforce it

 

i have not seen anything on you agreement that would render it unenforceable

 

sorry,

 

paul

[electric lemon]

I was wondering if Manjusha was about to shed some light on the Clause 7 of the credit agreement so kindly sent to me by CL & highlighted.

 

It clearly has some relevance for them.

 

???????????????????

[electric lemon]

Thanks Godmother - gosh you are sooooooooooo good at planning & problem solving, I am so impressed.

 

What a fab, yummy mummy you're going to make!

 

Talking of mummy's I have to get to bed as my 2 year old had me up most of last night as she has an ear infection. Dont know how I worked today to be honest as Im 'hanging'.

 

Nite all.

 

Will post as soon as Im done with the courts.

 

EL

xxxxxxxxx

[The GodMother]

well this is my third baby so i think i have had lots of practise at planning and problem solving. I was also a guide so i no how to plan stuff but not how to sort out my money. they did not teach that.

 

Thanks for that tho if you require any help then shout

[car2403]

Have you thought of a Court Buddy, electric lemon? A Buddy is just that - someone that lives close to you from the site that can go along with you and help out, more support and stuff?

 

I know your location says South West, but if you can be a wee bit more specific, (City?) someone subscribed might be local enough to you to lend a hand when you come to need it?

 

Last I looked, Northumberland was way too far North to be anyway near the South West, but I'm sure there's some little tinker on here that is closer and willing to come along? (Hell, you can even include their costs when you win! Just kidding! )

[electric lemon]

Hi Everyone,

 

Ive just come off the phone from the court.

 

The lady I spoke to stated very clearly that they were not in a position to clarify the "missing statements" over the phone & that I would have to go down to the court & have someone go over the file with me.

 

I virtually begged her to verify the info over the phone but she was very clear in her instructions. She asked me why I wanted the info & I told her that CL in the past had done a sneaky & furnished the court but not me, rendering me unprepared at the hearing and I didnt want it happening again. I told her that I would be at work for the next 3 days & simply wasnt in a position to come down. (baby started vomiting for England this morning)

 

She stated that I am not the one in trouble & that CL were the ones in the wrong. She said that from looking at her screen she could see that they had already had 2 chances & that this had in fact been their 3rd to furnish the statements that had been ordered by the Judge.

 

I again said that they might have issued the docs to the court but not me, what should I do?

 

She then very clearly said that it was up to the Judge to make direction but felt that it very likely that the Judge would strike the case out on Friday or give CL one final chance i.e. anothr week and if they didnt come up with the goods then order a strike out for then. Im not holding my breath though as this Judge gives these companies it seems masses of chances and masses of time.

 

She said that I should write a letter to the Judge stating all of this info, about all the missed chances CL have had, all the statements that are still missing despite the Judges orders, and the fact that despite all the judges orders Im still unable to formulate a defence etc etc.

 

So there we are. It doesnt seem that there is anything I can do other than this.

 

Tom , PT, Manjusha or anyone out there if you are able to be superbrill & come up with a super-brill letter so that I can put to the Judge there just may be a glimmer of hope that I may just win this case.

 

Thanks so much.

 

EL

[tomterm8]

Um, isn't this http://www.consumeractiongroup.co.uk/forum/legal-issues/73679-illegal-ccj-account-desperate-17.html#post1394216 the letter you want?

[The GodMother]

I think tom is trying to say the letter in post 332 is fine for this.

 

Persinally l would use this letter admending as necessary and adding in the list of statements that you are still missing.

 

I would make it very clear, using block capitals blod print underlining however you feel is best, that you want the case struck out and that you feel giving them more time would only give them more time to mess the courts and yourself about. Also make sure you add that you feel it is unfair on how they have wasted courts valuable time.

 

then send it off. If you want furter reasurance then post it up and we will help u further.

 

Chrissi