Got Date For A Court Hearing - Need Advice

[vinegarvera]

Just wanted to say Good luck Speedy!!!

[Laiste]

Hi again,

 

I would advise the Judge that you don't yet have the proof in your possession of the unlawful charges, but you are certain (are you?) that they have been levied. It might be worthwhile asking for an adjournment to give you time to establish what amount of charges have been levied, because he can't really make a determination as to what's payable (if anything) until you know what amount the debt should be reduced by! If there's no agreement, then you shouldn't be paying anything!

 

I think asking for an adjournment based on the fact that you need time to gather information from the creditor, as you have JUST found out about penalty charges and that you are not even sure if an agreement exists, would be a good way to proceed.

 

Many thanks for the click!

 

Regards,

 

Laiste.

[speedy016]

Hi vinegarvera

 

Its a comfort to know that there are people on here that care enough to offer support. Its really appreciated, I must admit I am starting to calm down a bit now, hopefully I will get some sleep after all!!!

 

I'll let you know tomorrow how we get on.

 

Thanks for the support.

Speedy

[speedy016]

Thanks Laiste

 

I am certain that there are penalty charges because they even charged about 25.00 per letter.

 

I will take your advice and hopefully it might buy us a little more time to gather our information so that we know what we are up against.

 

Once again your advice is invaluable, you are most welcome for the click.

 

Thanks

Speedy

[speedy016]

Sorry to bother you again Laiste

 

I've sent you a PM, I have found a letter which clearly states that when the Judgement was obtained all the info was sent in error to our previous address and informing us that we had missed 2 payments of the Judgement order.

Obviously we would have missed the payments because they had sent all the info to the wrong address so we didn't know about the hearing and they won by default.

Is this something I could use tomorrow with regards to the CCJ

 

Thanks

Speedy

[hellhasnofury]

Hello Speedy,

 

I would say so, but Laiste may be along soon,

 

Sounds a bit corny but Laiste is the ray of light In the dark, she picks us up, dusts us down and sends us into battle fully armed and confident:D

 

Anyway just wanted to wish you luck and hope the day goes well for you and your husband:D

[speedy016]

Thanks hellhasnofury

 

Your support is appreciated. I'll let you know later how we get on.

 

Thanks

Speedy

[Jhawc24]

Good luck today!

 

JJ

[stebiz]

Good Luck. Let us know how you get on later.

 

Stebiz

[speedy016]

Hi everyone

 

Just got back from court,

 

IT WENT IN OUR FAVOUR :grin::grin:

Their side never even turned up and in light of the letter I found in the eleventh hour last night where they admitted they had filed judgement and sent all correspondence to the WRONG address, the judge said we had definate grounds for a set aside and has suspended the attachment of earnings order. YIPPEE!!!!

 

He said although it was a little late to request a set aside because we were unaware of the Judgement order initially and we didn't know the law he would advise that we do try to get it set aside.

 

He asked if we disputed the debt and we said no we do not dispute that we owe some money and we want to pay it back but we are disputing the amount due to unlawful penalty charges so therefore the details of the judgement are wrong.

 

He was impressed and asked where we had got help from, my husband told him CAG and he smiled and said great advice please go back to them and get more advice for the next hearing!!

 

He also told us to get details of penalty charges so that we have got a figure that we agree is owed.

 

Thank you to everyone who wished us luck for today, we were absolutely bricking it but it sure feels good now, can't stop smiling, a bottle of wine to celebrate.

A massive thank you to Laiste who helped me late into the night yesterday, you were right on the money as always, the judge said he was not interested in our earnings at the moment it was more important to sort out the set aside within 7 days and sort out the correct figure owed. Just like you said he might!! :grin:

 

Thank you to everyone but stay close cos I will definately be needing your help and support for the next round.

Speedy

[vinegarvera]

Well Done Speedy!!!!!

[Laiste]

Hi Speedy!

 

I am absolutely OVERJOYED for you!!! :) I couldn't stop smiling as I read the details of what happened this morning! See, I told you you would be fine, more than fine as it turns out! It is so the right decision and I have to say, if I were you, I would be tempted to defend the whole claim, why not? If you are able to avoid a CCJ by finding problems with the agreement (assuming one exists) then I think you pursue it! You are being given an opportunity to fight this, and I would grasp it with both hands!

 

You did yourself a great favour by finding that letter at the 11th hour, what a stroke of luck! I was greatly amused and impressed by the Judge's comments, certainly sounds like he was very helpful!

 

Very well done for presenting sound convincing arguments! It all came down to the work you did, which cannot be underestimated! It can be rather daunting going before a Judge to argue a case, but you did it, fabulous!!!!!

 

You've certainly earned that bottle of wine, me thinks!

 

When you've got a moment can you let me know what the Judge's instructions were and what he has suggested you do? Thanks!

 

For now enjoy the moment, you did good girl!!!

 

Regards,

 

Laiste.

[hellhasnofury]

YES, BEST NEWS IVE HEARD

SO HAPPY FOR YOU AND YOUR HUSBAND AND THE JUDGE I LIKED HIM TOO.

WELL DONE AND ENJOY YOUR SUCCESS YOU DESERVE IT

[speedy016]

Thanks everyone

 

Laiste, the judge has said that we must send in the application for the set aside within 7 days, we have got the form to do this, he also said that it may not be granted due to the ength of time that has elapsed but suggested that we should certainly try. With regards to payments on the account he was a bit concerned that they had already taken a payment out of my husbands wages and said they had better pay it towards the amount that we do owe and not towards unlawful penalty charges so he has suspended the attachment of earnings for 6 weeks in the hope that we get a court date before then.

 

He wants us to get all the info that we need regarding the charges and the correct amount owed for our next hearing date. So do I need to S.A.R Black Horse now and do I also send a CCA request to get a copy of the agreement. He told us to come back on here and get as much advice as we can. I think you've got a fan there!!!:grin:

 

Thanks Laiste

Speedy

[speedy016]

Hi, I'm back in need of some help.

 

I have taken my hubbys papers back to the court with the fee to have the Judgement set aside.

They informed me that we will have to attend the next hearing in about 2 weeks

 

My question is can I request the Credit agreement and statements of the account as a matter of urgency due to the court date or will I have to do a S.A.R request and CCA with a pound and just wait the normal times. I'm not sure what I should be doing to prepare for the next hearing.

 

Any advice really appreciated.

 

Thanks

Speedy

[speedy016]

Just bumping this, can anyone offer me any advice please.

[speedy016]

Hi everyone

 

Just updating, my hubby and I had another court hearing today and once again it went well.

 

Black Horse didn't turn up again but sent a letter in their defence saying that they were unaware we hadn't received any documentation regarding the CCJ because they have never had any post returned!!!! They obviously forgot the letter they sent us stating in black and white that they had sent ALL documentation to our previous address in error.

The DJ asked to see the letter and after reading it she said she was setting aside the CCJ and she was informing Black Horse that they have to provide a complete breakdown of the amount they say is owed as we do not agree with their figures.

 

WHAT A RESULT......CCJ SET ASIDE.

It will be completely removed from hubbys credit file in about 2 weeks.

 

Speedy :grin:

[payingonlyencouragesthem]

Congratulations! They'll be back though and Laiste is right you should take the opportunity to fight the whole thing. Tomterm8's letter might be a good response to their next LBA (obviously you will need to change dates etc):

 

 

DATE

 

YOUR ADDRESS

 

 

Dear X

 

RE: REQUEST FOR INFORMATION

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 6th August 2007. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF EACH ALLEGED DEBT CLAIMED, I REQUIRE:

 

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

d. True copies of any deed of assignment and/or default notice with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

i. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

j. A copy of all account statements for the duration of the agreement.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

 

Yours Sincerly,

 

 

XXX (Type, don't sign your name).

[speedy016]

Thanks for that payingonlyencouragesthem

 

I will definately use that letter when the need arises, I really appreciate your input.

 

Thanks again.

Speedy:-)

[hellhasnofury]

Hello Speedy,

 

Well done on the good news. I agree with poet, be one step ahead:D