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:)

bump

bump

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:)

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:)

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:)

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

Hi Lilly

No my costs have not gone in? i am getting confused????

mj

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

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

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

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

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:)

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

cheers Andy..

This hearing Lilly...and i have done £302..you dont think thats enough??

Hi all...just an update...

 

I received my court order on fri and this is what it says:

 

On the hearing of an application by the applicant for an order that the statutory demand issued on 10th sept 09 be set aside

 

Upon hearing the applicant in person and upon hearing the respondents solicitor

 

AND UPON READING THE EVIDENCE

 

It is ordered that:

 

1. Respondent do file and serve affidavit evidence in reply by 4.00pm on 26th Jan 2010.

2. Application be ajourned to *******at**** with a time estimate of 2 hours.

3. Costs in the application.

 

Nothing received as yet...will post up if and when anything comes.

 

MJ:)

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??

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:)

Vera,vera, vera....

Whooooppppeeeee...i bloomin' well knew you could do it!!!! See now dont you feel 100% over the moon...to think you were not going to go!

I am so happy for you...feet up with a large vino tonight..have one for me

love mj:)

Good luck V...

I will be thinking of you today...all the best and you will be fine even if they turn up they prob wont have anything with them..as i said before even if they do have paperwork the judge will most likely adjourn so that you can read.

Please post up as soon as you have news xxxx

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!!

V...

i have just pm'd themainman for you, he has also been down the lowell/sd road! and has given me some sound advice...hopefully he will pop in soon..dont fret it will get sorted!

MJ:D

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.

Hi MJ

 

Thanks, not getting on too well at the moment having some family problems and feeling really confused feel like I am going to come across as a complete imbecile in court. I only submitted the 6.4 and 6.5. I have received a load of bumpf from Egg in relation to my SAR but nothing from Lowells ... I understand that I am defending this as I have had nothing from them (DN, NOA,,) but the more I read the more confused I get- my head is bursting

 

But I would go to bits if the judge asked me if I understood the Manchester test case or anything like that.

 

I have taken the day off to attend court next week but feel I have left everything too late and am absolutely petrified to go to court. Whet happens if I don't go? Will they just bankrupt me? Will I lose my home?

 

I have no idea how to prepare a defence let alone stand up for myself in front of a judge and solicitors..

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:-)

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;)