LMAO Wino - cant think of a come-back for that 1

What I mean is that if I click on someones name then on all posts, it comes up with none older than the upgrade so someone like Pinky has none

:lol: *slopes off before they see my avatar*

Quick question: Hubby & I have a joint basic bank account, so no credit facilities available. I understand that the OR would freeze my bank a/c if it is a single a/c but what happens with joint a/c's - does the same happen and should my hubby be looking to open a new a/c?

Webby - are we ever going to get back the old threads or do we have to google for each one? (still dont like these new smileys )

Thanks - letters been posted recorded delivery so will await their response. Said to hubby that I don't want to pee the judge off but it has to be recognised that I would not be in my current position ie Charging Order on home IF the court had sent me the notice of hearing and this is what is making me so determined to get it put right, with the help of CAG

This only gives any posts since upgrade, not the historical posts we all rely on

Sounds fab CB, thank you **Trots off to change letter, lol **

Thanks CB - I want a way of making it known that I have this to save all the faffing and denials there are likely to be

Heres what I propose to send to the court but would appreciate any comments: Dear Sir/Madam I am writing in reply to your letter of 15th July 2010 and to confirm the telephone conversation I previously had with Mr xxxxxxx where he informed me that the Court had posted my documents to the claimants solicitors, Wragge & Co in the mistaken belief that they were representing myself.(Should I put a mention of the recording I have to prove what I am saying?) The documents in question would be the original judgment, notice of hearing dated 18 May 2010 and judgment at hearing on 1st June 2010 which I did not attend as I was not served with notice of it. I have received copies of the notice of hearing dated 18th May and judgment at hearing dated 10th June but I request that you now send me a copy of the original judgment along with an explanation as to why I was not served with these documents. It must be noted that, because of the Courts errors, I have been severely disadvantaged and that, in furtherance of the Courts overriding objective, you should not allow further enforcement until I have been provided with a copy of the original judgment and I have received your explanation to the serious errors you have made and I am able to consider my position. (Pure plagiarism rwr - sorry but thank you ) I look forward to your response within 5 working days as per your complaints procedure.

No dd, I had no solicitor acting for me Can't argue that its all a complete mess but 1 which is going to cost me dear without the help of these wonderful people on CAG.

Ok, thanks - will post up a letter over weekend for your comments before posting it.

Hope this helps

I kicked up a fuss by phone when hubby got interim c/o when official told me verbally that orders had been sent to SCM for Black Horse and Wragge & Co for me. The enforcement team manager however is denying that this happened so its their word against mine, unless I am allowed to produce the recording (but I hadn't notified them it was being recorded) 100% agreement from me. They have no choice but to agree it was ms-sold since I have proof that they saw my existing disability living allowance as income at the time of applying for the loan.

gh2008 - totally up for it as so much rides on it now ie my home robin - I dont have a copy of the judgment as it was sent by the court to their sols. They changed sols from SCM to Wragge & Co - they did notify the court of this so why the court thought they were acting for me is totally mystifying I rang the court again yesterday to ask if the judgment was an "on admission" or "in default" but the file was still with judge so cant check til next week. The officer did say that there was an unusual amount of activity on the file in that it seemed to be updated almost daily. I have no idea why this would be. Jan 2010 I did consult a local sol who said that he thought I had a good case and had some correspondence with SCM March 2010 duly applied for legal aid - he notified court and other side that we were waiting for decision but that he was only advising me at this point, not representing me and that all papers should be served at my home address. April 2010 Legal aid said no and it was at that point I decided I didnt have the confidence to successfully argue my case so submitted a N9A admission form and offer of payment both to the court and copied to their sols. The local sol I consulted still has my original docs but I rang yesterday and asked if I can have them returned. Still awaiting a response to this. No reply from court or their sols to my admission, other than the withdrawing of their part 36 offer. Next thing we hear is the Interim C/O and covering letter (addressed to hubby - not even to me!!) and this alerted me to the fact that something had gone wrong which became clear when I rang the court. Copies of Notice of hearing and Judgment attached. They now have a C/O plus monthly payment order but continue to add statutory interest at 8% so debt will never be paid off. I have copies from the court of the orders they say I should have received (as above) but they are not addressed so I cannot prove they were sent incorrectly. I do have a truecall recording tho but I didnt tell the court that it was recorded so the info probably useless? Does that answer all you need to advise? http://img826.imageshack.us/img826/2425/bhattendance.jpg http://img401.imageshack.us/img401/5882/bhlegalaid.jpg http://img265.imageshack.us/img265/359/bhadmission.jpg http://img205.imageshack.us/img205/129/bhorder1.jpg http://img190.imageshack.us/img190/9484/bhorder2.jpg http://img823.imageshack.us/img823/2295/bhcourtcoverltr.jpg

Thank you CB

Thanks Ford but still not sure if, because I withdrew my defence originally, I have any chance of succeeding with set-aside application and would appreciate opinions on this please

We can't but hopefully webby will think it important enough to change (as well as previous posts by everyone) And searches for posts by a specific user comes up with "no results" - aaarrrggghhhhhh (

Am with you 100% - even more so as I have a new thread Also haven't yet been able to find posts made by other users when I click on their names

Original start of this matter can be found here http://www.consumeractiongroup.co.uk/forum/showthread.php?211299-B lack-Horse-Loan-PPI-DN-s-%28case-now-in-Court%29 but things have changed significantly so easier probably to start new thread. Because I chickened out of defending my case, I approached a local solicitor who applied for legal aid funding to represent me. This was denied so I felt I had little option but to admit the claim & make an offer of payment. This was sent to court & claimants April 2010. I heard nothing from court thereafter. July 2010, my husband receives an interim charging order with info of final c/o hearing for today. I contacted court same day who tell me that paperwork had been sent to opposing solicitors & that they believed they were representing me Apparently I should have attended a hearing regarding my offer of payment in June but because I didnt the judgment was granted forthwith. I have a recording (thanks truecall ) between myself and court official which confirms the courts error. Went to hearing today and the judge gave final c/o with no conditions (refused to apply any) plus I pay set amount each month. The judge today however and the claimants representative said that I had a good defence originally and, reading between the lines, I should consider getting the original judgment set-aside. Have I prejudiced myself since I admitted the claim? If so, can I do anything else?

Any chance of saying which company now its all over? The fees you refer to, are these the monthly arrears fees? Glad you got the result you hoped for

letsdothis - well done on keeping your home :grin: Have you had any response to your letter re charges?

This is where I come unstuck Yes, I admitted and sent offer of payment so set-aside seems inappropriate yet I have to convince a judge that I never got the order so could not ask for variation within the 14 day time period In the meantime, I have had no copy of interim order (only my partner it seems is deemed worthy of that even tho the debt is mine alone ) and we have to raise objections at least 10 days prior to FCO hearing, a total of 13 days to arrange.

I sent both the court and the claimant a copy of my withdrawal along with a copy of the N9A. The Court did not send my admission to the solicitor - they sent them MY copy of the judgment hence why I knew nothing about it!! Can you explain why it would be better to ask for re-determination outside of the 14 day period as opposed to a set-aside application - I am very confused as to which path would serve me best and would appreciate knowing the reasons for taking this course of action instead of the other.

Here, here!