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cymruambyth

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Everything posted by cymruambyth

  1. Preparation is the key, also write down what you want to bring out. I made bullet points and a few lines to explain them.
  2. Hi Barns, you don't get notified about the ICO application just the FCO. I agree with Andy that you should have got the instalment arrangement ratified through the court. However, as LiP you can still fight this application and give proof of all the letters between you and Morgans. Beg the court's indulgence as you have never been in this situation before and believe that you had done everything required. Nothing ventured, nothing gained!!
  3. Hi barns, similar to me, definitely defend, here is my successful battle. http://www.consumeractiongroup.co.uk/forum/showthread.php?299564-Yet-Another-Charging-Order-Thread!-***WON***-ICO-removed***
  4. Oh sour grapes........ so unlike the English who have never gloated over any lucky victory The dragon is roaring and breathing fire:whoo:
  5. Wow, thanks for that, just got to find a DJ that will award me costs now!
  6. Hi, if the court ordered payments by instalments and you have paid on time then you use Mercantile Credit v Ellis as part of your defence. Check National Debtline for their sheet on COs which is very helpful (all the debt help people use the same sheet). I was lucky and defended a CO, this is my thread which may give you some suggestions. http://www.consumeractiongroup.co.uk/forum/showthread.php?299564-Yet-Another-Charging-Order-Thread!-***WON***-ICO-removed***
  7. Good luck, SC*M like to go for their pound of flesh. I tried this argument and they said NO, NO, NO. Basically why should we accept a lesser amount when we can have your house for security through a CO.
  8. Brilliant, hopefully things are now going to look up for you. Don't forget to check with the court that SC*M have notified them ......
  9. Hi, this is my thread where I defeated a CO application. It includes my defence and although your situation is different, it may give you some ideas. http://www.consumeractiongroup.co.uk/forum/showthread.php?299564-Yet-Another-Charging-Order-Thread!-***WON***-ICO-removed***
  10. They were issuing them back then, I have quite a nice collection from 2003, all incorrect unless you live in my DJ's world.
  11. Depends on theDJ and his knowledge of the law:mad2: Some will accept a recon, no matter what is argued.
  12. Raising some valid issues at a meeting (with a personal slant) and then getting a phone call from someone that I closely work with asking if I should leave the committee because I had criticised and questioned .......
  13. Hurray, the real World C:lol:p has started, using the correct shaped balls:whoo:
  14. just remember many courts are being combined for efficiency (ha ha), so an already slow process may be much slower!!
  15. I think I am right that the court on reviewing your I&E can make an order to pay as little as £1 per month, even if the horrible ones object. Regardless of how much is being repaid per month the Mercantile Credit ruling affords an argument against a CO. HOWEVER the lottery does come into play. I will be repaying my favourite DCA for 20 years and still had the CO application rejected.
  16. I know I was lucky, but I managed to get an instalment order in place days before the ICO was granted. Although only a few payments had been made, my DJ stated that following on from Mercantile Credit v Ellis an ICO would not be granted if payments up to date. Conversely the DJ who sat in on my original case DID NOT KNOW THE LAW!!!!
  17. Costs will be in excess of £3,000. Be aware that once they get into court illegible documents can sometimes be more legible! Does the copy contain all the prescribed terms? You need to read and understand the Carey and Rankine cases.
  18. Hi, you have left your details in a couple of places. I think it means that as 1stC have failed to supply the requested documents, if they want the claim to go ahead they have to apply through your local court to do so.
  19. Weary is probably quite a mild word for how you are feeling. I think with this that you can apply before you receive the paperwork (some courts are slow). I was lucky but someone else has posted that [problem] can be prompt in applying.
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