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    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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In court in a week!!!!!!HELP!!!


badhairweek
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Hi badhairweek,

 

I'm in the same boat as you. I'm feeling like all my hard work is going to go to waste as it's my husband's account and he is less than useless!

 

I really hope that we don't go to court, as he won't know what to do or say. Anything I try telling him just goes straight in and straight back out again.

 

Just wanted to wish you luck, and hope that you hear something before friday. I'll keep lookng for your posts!

 

Bev

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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If you want to represent someone you need to inform the court in writing and that person still needs to be present at the hearing.

If I have been helpful please click on my star and add a comment.

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Thanks GuidoT and Scuzziemoo.

I was looking for the answer to this question and I got a bit side tracked into reading other threads.http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96898-helping-friend-against-ltsb.html?highlight=litagation+friend#post897951 This one has scared me.

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No, not yet. I've just checked the bank. Still nothing.

I've phoned SC&M. I gave them the case number and reminded them that they are due in court tomorrow. They said they would make a note of it.

I called the court and they said SC&M still haven't submitted a bundle therefore evidence other than their defence is inadmissable.

However we still have to appear before the judge and present our case.

I don't have anyone to watch the kids so my partner is going it alone. If we don't get a sympathetic judge then we've lost. And a day's wages on top.

I'm very upset at the moment. please don't let this all have been for nothing. It's not as straight forward as Martin Lewis said.....

....I'm going to check the bank again.

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Thanks Christina. I'm going to pick up the big one from school, then I'm taking all the kids to town to get ink, paper,folders, etc just in case i have to spend this evening putting together a more proffessional looking bundle for court tomorrow. It's all stuffed in a scruffy envelope at the mo. I need 2 more copies of everything, in case we are proving points tomorrow, don't I.

I'll check the bank in town again just in case. If it's in I won't be cooking tea tonight!!

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just cooked dinner. Still nothing.

 

I don't want to be a misery but it's looking a bit desperate now. The chances of boyfriend even reading all the bundle before tomorrow are slim, never mind understanding the arguements! He's a chef and he doesn't finish til about 10.30pm. We may as well be sending a chimp before the judge.

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N ot read all of your thread - but you talk about getting bundle together tonight before court hearing tomorrow. Mine had to be in 14 days before the hearing. That was what clinched it- **** got the bundle and paid.

Don't get scared - be prepared. YOU WILL WIN.

And no we are not out spending our money - there isn't any to spend. It is paying off other debts that we got after the donkey stole our cash!!!!!

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Thanks Dave. This link helps to explain the process of the arguement.

 

I did send in the bundle 2 weeks ago. I'm just tidying up our copy. Highlighting bits, etc I'm putting it all in an impressive looking folder and I've even bought a posh pen!

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Good luck today. Will be thinking of you :)

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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