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Isiris

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Everything posted by Isiris

  1. Sorry for the delay It says Parked in a Restircted Street During Prescribed Hours (Code 01) The exact Location was actually on High Street in Hoyland though she has put Kings Street (Which starts another 80 Metres down.)
  2. Will do, Ill get him to bring the paperwork tomorrow when I will meet him on somthing else. Thanks again
  3. Thanks Andy How would he do this? The set aside was approved at Salford and the paper work now at Huddersfield. Should he write to the court to object? Its such a weird one that we are in your hands :) Thanks again.
  4. Thank you. Thas the only thing he was worried about.
  5. Andy Ill try and bullet point it as Ive not been clear, I appologise and thanks for your help. 1. Claim Issued at Huddersfield CC. This is then transfered to Salford to do the paperwork. 2. The defendant files and Acknowledgement 3. The claimant waits until the 33rd day and asks if a defence has been filed. Told no so applies for a default judgement. 4. About a week later, this is granted with a forthwith order 5. Claimant transfers claim up to High Court for enforcement. 6. HCEO calls at defendant who says, Its here my defence, ive got to send it in. 7. Defendant pays bailiff full amount including charges on 28th September 12 8. Sometime after he applied for it to be set aside and on the 9th of October 12, this was granted without an hearing. 9. 15th October 12 funds have stood for 14 days and are received in claimants bank account as no notice been given to HCEO that there has been any set aside. I really hope this is clearer for you andy and again, thanks for your help
  6. Thanks Andy But Surely doesnt the b mean that as he has failed to file a defence, then he could apply for the defaut judgement after the 33 days which he did. I may not he explained that point properly
  7. Sorry, it was half 12 at night, not at mybest It says on the yellow sign, Mon - Sat 8am - 6pm and a red circle with a red line through on a blue background. No other wording.
  8. Hi Andy He did acknowledge service but never filed a defence with the court. SO he cannot, IMO, claim he never received any forms.
  9. WHAT They havent had the car a DAY and you think the garage should only contribute 10%
  10. Good morning Andy, still burning the midnight oil I see. Yes I did look at all the variants but at this moment in time, my friend has neither received notice that the judgement has been set aside, only confirmation of this because he has received the AQ. When he rang the court they said the Judge did it without a hearing but on what grounds? They have received the claim form, they acknowledged service so I am struggling how the DJ allowed it and even more so without a hearing.
  11. Hi, yesterday I parked my car to pick up a box at a friends flat. I parked on the street and could see that there was a single yellow line but it was all broken, gaps missing where roadworks had been done so I thought nothing of it. Dropped the box off to come out to see a warden taking pics of my car. On the ticket It says I was observed from 11:12 to 11:14. That would be literally how long I was parked there. I have taken a video of the road markings. There are numerous breaches in what I believe are the regulations in so much as No T bar at the end of the single white line. Of the 15m on the recording, about 3-4 metres is missing. You can go anytime of the day and see cars parked there. I will verify what the sign says tomorrow. The video below on youtube shows the line.
  12. This is posted for a friend who is a car dealer. On his own private land was a car with a sold notice in the window. A DVLA agent came and clamped the car. My friend on realising contacted them and said im a trader so no clamping allowed. They said well the managers not in, Ill get him to ring you on Monday. On the Sunday, they came and removed the car. This was before the 48 hours had expired. He raised a claim in the county court and by default, got a default judgement for the full amount of the car sale of £2300. With exes it was £2400. He issued a writ of fi fe and on the 28th September 12, the HCEO executed the warrant and the defendant paid in full. The money was held for the 14 days and the HCEO released the money, appearing in his account yesterday. He has now received a Notice of Hearing and a AQ form to complete. He phoned his local office who said that the judgement had been set aside WITHOUT A HEARING on the 9th October 12 (No paperwork received to this effect as they are 14 days behind) With the Notice of hearing is the defendants defence dated 8th August though when the HCEO went, they admitted they hadnt done it. My friend is obviously peed off that this can happen. He has followed the letter of the law, as has the HCEO and wants to know where he stands as he wants to initially appeal against the Set Aside. 1. If the end result is a loss for my friend, whos liable for the HCEO fees? 2. The court never informed anyone of the Set Aside hearing, nor did they inform the HCEO that it had been Set Aside, though they would have known of the writ of fi fe. 3. Can a court really set aside without an hearing. Surly not? Thoughts please
  13. You say it was to Interim Justicia, which is a debt collection agency. They could have quite easily been collecting on this debt in 2007 and then sold it on.
  14. This is posted for a friend who is a car dealer. On his own private land was a car with a sold notice in the window. A DVLA agent came and clamped the car. My friend on realising contacted them and said im a trader so no clamping allowed. They said well the managers not in, Ill get him to ring you on Monday. On the Sunday, they came and removed the car. This was before the 48 hours had expired. He raised a claim in the county court and by default, got a default judgement for the full amount of the car sale of £2300. With exes it was £2400. He issued a writ of fi fe and on the 28th September 12, the HCEO executed the warrant and the defendant paid in full. The money was held for the 14 days and the HCEO released the money, appearing in his account yesterday. He has now received a Notice of Hearing and a AQ form to complete. He phoned his local office who said that the judgement had been set aside WITHOUT A HEARING on the 9th October 12 (No paperwork received to this effect as they are 14 days behind) With the Notice of hearing is the defendants defence dated 8th August though when the HCEO went, they admitted they hadnt done it. My friend is obviously peed off that this can happen. He has followed the letter of the law, as has the HCEO and wants to know where he stands as he wants to initially appeal against the Set Aside. 1. If the end result is a loss for my friend, whos liable for the HCEO fees? 2. The court never informed anyone of the Set Aside hearing, nor did they inform the HCEO that it had been Set Aside, though they would have known of the writ of fi fe. 3. Can a court really set aside without an hearing. Surly not? Thoughts please
  15. What I meant dx was that the default had never been on my file. Now its on, my score has dropped as its another derogatory thing on my file.
  16. Sorry for not getting back quicker Default date is 9/9/07 Updated 12/9/12 (First time applied on my account) as the original creditor. CCJ is 28/10/08
  17. I check my Credit File frequently and noticed that this month my rating had dropped (OK, its not great but its there) I noted that Fredrickson had added a default notice on a debt that had already got a 2 year old CCJ that I am paying. While I appreciate 1 follow the other, surly both shouldnt be on the file.
  18. Thanks again for the reply What I meant was that the repayments are governed under a credit agreement regulated by the CCA 1974 (Must be as they have quoted them in their reply) I was under the impression that for a Credit Agreement to be cancelled, a default notice had to be issued first. Thanks again
  19. Thanks for the reply. Am I right in thinking though that whatever the terms say, if it is a regulated credit agreement, then they MUST issue a default notice?
  20. Wonder if anyone can help We pay our car insurance via Direct Debit. We have been away for 3 weeks abroad and our phones didnt work as we dont have roaming. While away, our DD failed as a cheque cleared the day after I was expecting. We ave returned home today to find a letter saying our insurance is Cancelled and they have cancelled our credit agreement. They says its been terminated under Section 86E of the CCA. Im mightilly peeved at this as 1, the cancellation is a fortune but theres only 2 months left and my wife gets her first set of no claims. Are they not supposed to at the very least, issue a default notice with time to bring the account to date? They have also given her 7 days to pay which I believe should be 28 days.
  21. I had a loan with PPI that I was told I had to have or no loan (No, thats true) I then went back 3 years later and took another loan that paid off what I owed and had a bit more. This Loan was defaulted and subsequently SOLD to another company for collection. If I claim the PPI from Loan 1, can the Original Creditor use any refund against any shortfall they claim.
  22. If an application for is made and you are the losing party to the application, cost are awarded against you, even in Small Claims.
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