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

[electric lemon]

Manjusha,

 

Just looked again at the copy of the credit agreement that CL had sent me & its actually No' 15 - Transfer of Rights & Duties that they had highlighted , not No'7 as I had previously thought.

 

Any comments on why they would do that anyone?????

[The GodMother]

1 for you, (a copy of a claim isn't true unless sealed by the Court) 1 for the Court and 1 for the other side. (It should be served on them)

 

 

Yes but even three copys of a covering letter that says something like this.

 

Dear sir or madam.

 

case number XXXXXXX

 

am sending you these document because on XX february 2008 XXXXXXXXXX court transfered the case to you.

 

I am sorry if these documents get to you before the case file does but XXXXXXXXXX court were unable to confirm to me if these were in the file when it went over to you.

 

I am also sorry if they were there and please feel free to dispose of these if necessary.

 

Yours The GodMother?

 

 

Three copies of this seems stupid as the letter is just explaining what has happened. The other party is more than aware that the case has been transfered as we were both made aware when we telephoned the courts.

[electric lemon]

Im confused Godmother???

 

Are you inferring that I should hastily send out a letter to CL or something??

 

I did check with the Court and they said I only need hand one letter to the case manager. When I handed my letter in to the Court I asked if I should hand in another copy (just in case) & also stated that I had previously been told only one copy was required but wanted to double check.

 

She went away & returned, having gone to the person that I said I had spoken to, & accepted the one letter.

 

You dont think I have jeopardised anything do you as Im now feeling a little nervous?

[electric lemon]

By the way, the Judge will have made his decision today wont he?

 

If thats the case do I have to wait for a letter from the court or can I put the case number in via the internet & will it say there?

 

Many thanks,

EL

[pt2537]

Im confused Godmother???

 

Are you inferring that I should hastily send out a letter to CL or something?? Erm if its the letter that Tomterm posted then NO you only need to send it to the court for the attention of the case manager, dont send the letter to CL cos it will tip them off and thats the last thing you want to do

I did check with the Court and they said I only need hand one letter to the case manager. When I handed my letter in to the Court I asked if I should hand in another copy (just in case) & also stated that I had previously been told only one copy was required but wanted to double check.

 

She went away & returned, having gone to the person that I said I had spoken to, & accepted the one letter.

 

You dont think I have jeopardised anything do you as Im now feeling a little nervous?

....

[The GodMother]

sorry el no i am not saying anything.

 

I was commenting on a different post within the last page of the thread when car was saying about what the courts needed. you had previously mentioned to us you had seen a sign where it said photocopying £5 per sheet at your courts.

 

I had commented i thought it was stupid that the courts wanted 3 of everything including the coer letter and car had said it was 1 for my file 1 for courts file and 1 for other person/persons to be served.

 

i was saying they even require 3 copies of the covering letter i sent explaining the case had been tranfered.

 

sorry to have confused you.

 

Chrissi

[car2403]

IMHO, any letter sent to the Court asking for anything to be done - either at your request, or point out failures in the case under CPR, etc - should have a copy served on the other party.

 

To not do so leaves them with the option of saying they weren't aware of that information.

 

Having said that, anything that does effect the case should be served on them by the Court - that's what they are being paid for.

 

As a litigant in person, you'll get away with it even if you didn't, IMO.

 

The only time you wouldn't want something served on them would be if it wasn't required - a third party debt order would be a good example, where you are asking a third party for information relating to a Judgment debtors account and letting them know about it would be less advantageous.

 

Hope this doesn't confuse you further, EL, but I wanted to give my opinion on how "cases", in general, should be conducted. This doesn't necessarily apply to your case, though.

[electric lemon]

Thanks Paul & Car - phew thats a relief.

 

I must admit I do agree with PT. The last thing I want to do frankly is give them any type of opportunity at all.

 

Godmother - no worries! Im glad it wasnt what I had thought.

 

Guys, any idea about my question in #404?????

 

Thanks.

Leccy

[car2403]

By the way, the Judge will have made his decision today wont he?

 

If thats the case do I have to wait for a letter from the court or can I put the case number in via the internet & will it say there?

 

Many thanks,

EL

 

If a Judge has reviewed the case file, you'll need to ring the Court to find out what was decided or wait for a letter telling you.

[electric lemon]

Thanks Chris, thats great.

 

Im almost scared to call in case its bad news.

 

Should I leave it for a few days do you think or would the details etc have filtered down to admin by Monday/Tues??

[car2403]

Thanks Chris, thats great.

 

Im almost scared to call in case its bad news.

 

Should I leave it for a few days do you think or would the details etc have filtered down to admin by Monday/Tues??

 

Most Courts have a 5 day turnaround on paperwork, including instructions from Judges after reviewing case files. They might have to get the file, but they should be able to tell you what was decided when you call if you're prepared to wait for them to find it.

[electric lemon]

Most Courts have a 5 day turnaround on paperwork, including instructions from Judges after reviewing case files. They might have to get the file, but they should be able to tell you what was decided when you call if you're prepared to wait for them to find it.

 

 

Ok thats great.

 

I think I just may wait till the end of the week - coward!!!!

 

How come you know soooooooooooo much Chris?

 

Leccy

[car2403]

How come you know soooooooooooo much Chris?

 

Too much time either reading threads like yours, or getting stuck in myself - best way to learn! (Baptism of fire as well, like!)

 

[electric lemon]

Hey what you doin up so late you little tinker?????

[popeye1]

Just had alook at your cca its same as mine even with bottom edge missing ,good luck [ these people are very dodgy, CL that is ]

[electric lemon]

Ha ha popeye - how extremely BIZARRE that whilst I was leaving a message for you.....you were leaving one for me!!! Amazing!!!

 

(music from the twilight Zone!!)

 

Have to go to get some zzzzzzzzzz's now but will speak to you again tomorrow.

 

Leccy

[popeye1]

Last megs,Ihave seen a lot of threads about CL at the moment and all the CCAs look the same so i am hoping someone can find a problem with them ,not yet though, anyway goodnight and good luck

[car2403]

Hey what you doin up so late you little tinker?????

 

I've worked out I need to pull a 24x7 shift everyday to help everyone I can help on CAG.

 

Like the borg, "Sleep is futile"...

[The GodMother]

but even 7 need to re generate

[car2403]

but even 7 need to re generate

 

Which is why I don't have a body like hers!

[The GodMother]

No Comment

[NitrousOxide]

Manjusha,

 

Just looked again at the copy of the credit agreement that CL had sent me & its actually No' 15 - Transfer of Rights & Duties that they had highlighted , not No'7 as I had previously thought.

 

Any comments on why they would do that anyone?????

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.

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/134104-defendants-witness-statement-help.html#post1414314

could car or someone help out on the thread pasted above

patrickq1

[electric lemon]

Hi All,

 

Well letter from the Court arrived today....................and of course I didnt think I could be so fortunate to have things swing my way for once:( .

 

It appears this Judge is just desperate to have me lose, & digging his flaming claws in with this one.

 

He may as well just give it to CL on a plate to be honest.

 

The letter went as follows:

 

Your letter of the 26th February was referred to the District Judge who commented that the matter which you raise can be dealt at the hearing on the 26th March.

 

Yours faithfully,

 

Mr....

Claims section

 

So there you have it.

 

I feel totally depressed.

 

I clearly have to attend to desperately defend myself in a subject I hardly feel confidant at all in to get these "amazingly well supported by the Judge" hideous people. Believe me this Judge is NOT easy & throughout all of this he has made things very hard for me.

 

I dont know that I will be able to put everything to the Judge in the right manner. When I did that before he waved me off out of the court like I should walk ten paces behind him.

 

Maybe he's a masogonist??????

 

Guys, I think I really need a watertight defence else or the hard work is doomed. I really think that 26th March is D-Day. It wont go any further as this Judge I feel is looking to wrap things up.

 

Helllllllllllllllllllllllllllp!!!!!

 

Leccy:eek:

[car2403]

Is that your letter at post #389?

 

Sounds to me like the Judge just didn't want to read/take action without the parties being in front of him, IMO. I wouldn't let this defeat you at this stage - all is not lost...

 

What you will need, as you're so nervous, is a good skeleton argument to take with you on the day - this should keep you on track and ensure you get your points across without missing something major. It's more like a "script" for you to put your case across, so will help with the nerves.

 

Which Court is this, also, as we do have Court "Buddies" that might be able to come along as litigation friends to lend you a hand?