mandyjayne
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Everything posted by mandyjayne
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dive.. bump means "bump up my post" when we do this it sends you to the top of the forum again then you should get picked up for help! MJ:)
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bump
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xxaria... welcome to cag, i cant help you with your particular situ but if you need help quickly hit your red triangle in the bottom left hand corner leave a message and site team will advise. Looks like you need help! The creditor will more than likely have won just on the basis you didnt attend the hearing..you HAVE to respond to anything within the required time...work commitment/family anything has to take second seat if you want to keep these clowns at bay! all the best with this mj:)
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Please help - Cabot are taking me to court
mandyjayne replied to markwarnerr's topic in Financial Legal Issues
Hi mark welcome to CAG I am just sending you back to the top of the forum with this message! someone will be along to help soon mj:) -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
phoned the court this morning...they have received nothing from lowell...but, i was reminded by the miserable woman who answered the phone "they had until 4 yesterday to get the stuff in...we aint gone thru the post yet so they might have" - how do some people get these jobs! Anyway...my costs have been sent RD today with a covering letter, lets see what happens next. mj:) -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
ok so i was waiting for 4pm today, to see if Lowells sent anything...seeing as they have not.. the hearing set for May will now be vacated. It was at that hearing i imagined the costs would have been sorted. So, i now just send them in do i? and a copy to Lowell? I have already got them drafted mj -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
Hi Lilly No my costs have not gone in? i am getting confused???? mj -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
Hello all.. Well my post has been and nothing arrived from Lowell:D. Will call the court in the morning as they do officially have until 4pm. Still a little confused as to what route to take with costs:confused: should i just wait til tomorrow morning, double check the court have received nothing then send a copy to the court and one to Lowell?? Although the last court order did not mention costs?? Help please MJ:) first court order http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-11.html#post2722418 last court order http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-11.html#post2780887 -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
Bump for the above question please...if the hearing in May is vacated when do i send in costs?? MJ:) -
mandm This is a thread on letter - v - N244 http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html I did a letter, but there are varied opinions on what one to use!! MJ
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had a man at the door what do i do
mandyjayne replied to pinkjaney's topic in Financial Legal Issues
pinkjaney...have a read of my thread from here.. have another also.. will go find it.. http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-3.html#post2448000 MJ:) found it.. http://www.consumeractiongroup.co.uk/forum/legal-issues/230908-help-statutory-demand-costs.html?highlight=vinegarvera -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
thanks vera.. im on the home straight now...nearly at an end...lets see weather they cough up anything in the next 7 days!! How you doing with your others?? MJ:) -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
can you suggest what i do with my costs..i lost out on the last lot...i do not intend to to that again!! MJ:D -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
cheers Andy.. -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
This hearing Lilly...and i have done £302..you dont think thats enough?? -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
thanks lilly... Below is what i need answering if anyone knows... Ok...do i need to do anything? If they do not respond to this one, is this likely to go to the hearing we have in May? if not, what do i do about costs, send them in now?? -
egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***
mandyjayne replied to mandyjayne's topic in Legal Successes
hi all - update Received this this morning from the court in response to my letter of 28th jan regarding Lowell non-compliance to the court order... In the ****** county court Before DJ**** On the hearing of an application by the Applicant for an order that the SD issued on 10th Sept be set aside. upon reading the Applicant's letter and the Respondent not appearing.. AND UPON READING THE EVIDENCE This order has been made without a hearing using the courts case management powers contained in Part 3 of CPR. Within 7 days of service of this order you may apply to set aside or vary the order under part 23 of the CPR, if you do so you must file at court and serve on the other party an Application setting out the reasons why you object to the order being made. IT IS ORDERED THAT Unless the respondent do file and serve any evidence upon which they reply by 4pm on 1st March 2010 they be debarred from further opposing application. Thats it...so basically they have been given yet ANOTHER chance:mad: Ok...do i need to do anything? If they do not respond to this one, is this likely to go to the hearing we have in May? if not, what do i do about costs, send them in now?? thanks MJ:) -
if they DO turn up with paperwork in hand, the judge will ask them why a copy has not been sent into the court or to you! This is what happened in my case. The DJ was not impressed, the hearing was ajourned and they were ordered to produce a witness statment and file it within 14days, one to me, one to the court. They did not, the same thing happen in Mainmans case...why dont you give the court a call in the morning give them the case number and ask them to check if any paperwork has been filed...bet it has not!!
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See post above first Vera, then this will make sense a couple of post from my thread from 42man "Just know your stuff !!! and if for any reason it isn't going your way then you request the judge ORDER the other side to disclose ALL the documentation, default notice, termination, notice of assignment, deed of assignment, proof that the debt is securitised under English Law. And request costs reserved." MJ..i'm adding comments as I re-read your thread....I think your Subject Access Request is important in this too. As Egg never sent any DN or termination or assignment then it was incapable of being assigned....if it isn't going well for any reason then you tell the judge that as the Civil Procedure Rules don't apply in the Insolvency Laws then you have had to rely on a Subject Access Request made under the Data Protection Act which has revealed that they never sent you a default notice, no termination or any assignment !! This could be construed as being an unlawful recission of contract.... and this from ODC..... section 136 of the Law of Property Act 1925 They must prove that you have been served with a notice of assignment and of course the only way the Leeds losers can prove this is if they sent it by Registered post or recorded delivery.
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Hi Vera.. Sorry to hear things are not to good at the mo.... the pressure of an up and coming court hearing makes things twice as bad! Firstly...you MUST attend this hearing next week..for all you know the other side may not even turn up..then its a walk in the park! If they do, then the DJ will make allowances for you, being a LIP. He/she will not expect you to know or present your case like a pro! He will not ask you the ins and outs of the Manchester Case...(my hearing in Jan, the DJ just asked if i was aware of the MC, i just said i yes!) If you dont go then, they will get the upper hand! Secondly...this is not a Bankruptcy hearing, its a hearing to set aside your SD, if they win this round then they could go for a Bankrupty Petition...but my belief is this costs them a lot money, and will only do it if they have decent chance of getting some cash out of it. In the absence of someone who knows more than me V i hope i am explaining this well!! And no you wont lose your home;) You are defending the fact that they have not provided you with a NOA, DN, my advice to you as a matter of urgency is to hit the red triangle and find out if you can send in a witness statement/defence or is it to late?? Also keep bumping up your thread until someone answers! I believe the NOA plays an important part in the SD set aside...read my thread V and pick out the bits that apply to you as mine is very similar, copy and paste them into notes and print off to take to court with you, also drop 42man a PM, see if he can step back in and guide you, although ive not seen him around of late! All the best V MJ:-)
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D/judge Made Wrong Decison What Now??
mandyjayne replied to Mydogsawestie's topic in Financial Legal Issues
Hi westie.... just dropped in to post this for you http://www.consumeractiongroup.co.uk/forum/legal-issues/179069-stebiz-cabot-appeal.html#post1932365 It was on my favorites and its worth a read for you i think as its pretty similar (sorry if you already have found it and read!) Glad your pushing on with lots of the "finest" helpers!! all the best MJ;)