Liz Southern Just won against CapQuest for £300.00

Hi I have had occasion to deal with Insolvency, and I understand the position to be that if you are in negative equity you can immediately ask the Official Receiver to revest the beneficial interest in your property back to you. You will need to provide a written valuation from an estate agent and pay the OR about £510 from someone else's bank account. If you produce about £510 in cash for example [£1.00 for the property value and the rest legal fees], the OR will take it into the bankruptcy pot. (May I suggest that anyone who needs to, should call the Insolvency Gov Enquiry Line on 0845 602 9848.) If someone else gives the OR a cheque from their bank account for £510 the OR will revest the property back to the person who has been declared bankrupt. You don't have to wait until you are discharged, as the value of your home may rise. You can and should do it as soon as you are made bankrupt. The other reason for doing this without delay is that the OR wants to get everything done as soon as possible, so he/she can look at discharging you earlier. Regards Liz:)

Hi If you don't mind my asking, if you had a house, what happened to it? Regards Liz Southern

Hi Peeps Look, I do apologise because I'm really busy and I haven't the time to look back through all the thread, but can you tell me why you're thinking of a Part 8 -that's N208 - at all? Or taking out a fresh claim, rather than putting in a substantial defence on facts to the case Amex have against you? If you take our your own claim, you will end up paying court fees when there is no need. There are no fees payable when you are defending a claim. Could you tell me where you have posted Amex's particulars of claim on this site, and I will have a look at it. The reason I'm wary about you using N208 is because judges are resistant to laypeople trying to be lawyers, and unless you really know what you're doing, and can answer a judge in the courtroom as to why you chose N208, over N1, and primarily over just defending Amex's claim, I would steer clear of N208. The last thing you want to do is tick off the judge, so that he adjoins the case for you to get a solicitor - which will incur costs for you. The reason I would like to look at Amex's claim form is because if you have what is called a "substantive" or substantial contentious dispute of fact, it can be best defended by keeping it simple. Regards Liz Southern:)

Unfortunately any claimant must pay a court fee. If you are the Defendant you don't pay a fee. This would include Amex taking out a claim against you (N1) and you defending it. If you are a Defendant making an application for a judge to make an Order which doesn't need a hearing it's £40.00. A Set Aside application to a Statutory Demand is free (the accompanying Affidavit is also sworn for free at the Court office counter). If you wanted to file and serve an amended defence or Further & Better Particulars you could try writing to the judge by normal letter. Sometimes the judge will make an Order by this method, but sometimes the Judge will write back, saying the court cannot enter into correspondence and please submit the correct application form, with a fee. Regards Liz Southern

Do I have a hope? There's always hope, but I suggest you amend slightly. The defendant being a layman and litigant in person and without the knowledge or assistance of legal advice while under a debt management plan naively tried to negotiate with the claimant, in error and ignorance of the court procedures. The Defendant took advice from a debt management company which led to the Defendant submitting his/her admission. The Defendant has since then taken legal advice and contends that his rights were compromised by previous unprofessional advice. As a result of the recent enforcement by the Claimant the Defendant sought and received legal advice on his case and believes that he will be able to plead a Defence with merit and a real prospect of success for the following reasons: The Defendant was of the belief that an organisation of the substance and sophistication of the Claimant would not mistakenly or speculatively bring such action where the court would not be entitled to make an enforcement order by virtue of s127 of the Consumer Credit Act. The Defendant requested that the Claimant supply a copy of the Consumer Credit Agreement which the claim was based upon. In response to this request a document purporting to be the agreement failed to satisfy the requirements of the Consumer Credit Act 1974 or the requirements of Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). The Claimant added a disproportionate sum to the claim in respect of "collection charges" notwithstanding that there is no agreement to provide for this. The Defendant therefore wishes to pursue a counterclaim in respect of charges due to an unfair business relationship and extortionate credit bargain. [*]Based upon these facts and given the large body of case law [you will have to quote some] in respect of Consumer Credit Agreements the defendant is of the belief that he has a real prospect of successfully defending a claim based on these facts and respectfully asks that judgement be set aside. Regards Liz Southern

Belatedly, well done, Starling. Anyone noticed that Capquest's licence expires on 6th January 2010? Liz Southern

Sorry haven't replied sooner. Am extremely busy. I agree with alisindebt, make a formal complaint to the DCA, as suggested by Alisindebt, and if they are alleging that they have purchased the debt from Egg, (can't remember thread, apologies) add the sentence, please provide a certified copy of the Notice and Deed of Assignment. In your letter also add that you are making a complaint to the OFT with a view to having their trading licence revoked. Then write to the OFT complaining about their behaviour. LS

Hi Peeps, If by SPML you mean Southern Pactific Mortgage Ltd, they are owned by Lehman Brothers (American company - in trouble). It sounds as though your mortgage was mis-sold to you. You NEED a solicitor or Claims expert who knows what he/she is doing, to enter a defence or indeed, a counter-claim, against SPML. What a mortgage company will tell you is that they don't have to tell you that they have sold your mortgage on to another company. However, you can enter a Defence to any repossession proceedings by SPML that they don't have the right to repossess you, on the basis that once the mortgage is securitised (sold on) they are "dispossessing" you not "repossessing" you. They cannot repossess something they have no right to. A current Land Registry entry is not proof that the mortgage has not been securitised. However, some judges don't like "technical" defences, so, let's keep things simple. Your mortgage was mis-sold. You had no cooling off period, no independent legal advice, the interest rate is punitive and an unfair business relationship. Your husband is vulnerable. Is the mortgage in joint names? If it is, were you both present when signing? Were both of you individually advised to get individual, independent legal advice? Did your husband bring the forms home for you to sign? This would give you a different and very strong defence to the mis-selling of the mortgage. (You would need different solicitors and different barristers in that case, because of the conflict of interest.) You have a separate legitimate claim for the insurance payments. However, is there a clause in your mortgage document stating that you must accept an insurer of SPML's choice? In some mortgages or leases it is possible to write to the mortgage provider stating that you refuse their insurer and you will take out your own insurance. Take care, there is usually a deadline for fighting this if you are seeking a refund of past years' money. Best to take out an N1 claim in the County Court. Was your mortgage self-cert? And was it for a full 25 years? Firstly, on the insurance, write a complaint to SPML. Don't forewarn them as to any legal action you may be taking. Keep emotive language out of your letters, as you will be disclosing your letters to the court. If you don't want to disclose your letter to the court, put "Without Prejudice" at the top, after "Dear Sirs". Do you know the name of this other mortgage provider? Regards Liz

"hungry" for "green shoots" - oh, very good.

Tip my scales, people, if I've given you good advice, pleeeese. I'd like more green things. I don't have a headache either at the moment, DD, (ignoring what you really meant! ) and I'm getting hungry. Maybe I'm getting better!!! yeeeah. But maybe I'm not, cos I'm sitting here in a t-shirt, boiling hot and my other half's got layers and layers and layers on, and says it's freezing!!! Men, eh!! Maybe he's got man-flu. ha ha. Bye Liz

Hi peeps I want another little green thing. What are the little green things? Liz

Hi Peeps Your mortgage provider can apply straight to the county court for an eviction order. They will then serve Notice of Eviction form on you. Once you get this, don't waste any time, get a solicitor or (I hate to say this again) an independent claims and debt management co in your area [not touting]). Either of these companies will talk to your mortgage provider and immediately get a hearing at the county court to stop the eviction (by using a solicitor or barrister attached to them). The district judge can order that the arrears payments continue. In fact, the judge can make any number of orders, far more reasonable than turning you out of your home. In this respect, it's actually a good thing that hubby's had a couple of heart attacks, because the judge will be sympathetic and unwilling to evict a sick man who if stressed may have another heart attack, and so is therefore classified as "vulnerable" from his home. If minors are in the home, this is also considered. You must be able to show reasonable income and they will want to see an income & expenditure form from you. They (probably the mortgage provider but the court also) will provide it. Ideally you need to know what you're doing when completing this form. What I mean by that is, there are set, agreed trigger figures (maximum amounts) for the amounts you are allowed to use from your income for your expenditure, (which are quite generous) and a solicitor or decent claims company will know these. An eviction can be stopped with less than 24 hours' notice, as the county court hears such applications on an emergency basis, so don't go worrying, and tell hubby not to worry. This situation is not as black as it appears. What is evident is that if your interest rate was punitive, whether you signed the mortgage deal or not, you may have a case for an unfair contract. Were you given a cooling-off period? Did you have independent legal advice? Did the mortgage provider tell you to get independent legal advice? What was the role of the mortgage broker? You might like to seek advice on that. Regards Liz Southern

Hi Peeps Gallahad's is a valid point, but an independent claims and debt management company (I work for one, not touting!) will never tell you to admit any debt. You always deny it all. You send back the acknowledgement of service, you put in a defence, and fight your corner. Independent C&DM companies will give legal advice, and have solicitors & barristers attached to them for the Court work. Your lady who got a CCJ against her? If she didn't have legal representation she can apply to have it overturned. Bye Liz

Absolutely Right, DD. Hello, by the way. Liz:)

Hi HP Mum, In answer to your question, as my day job I work for a claims and debt management company. (Please note, I am not touting for business - the site administrators are fully aware of my day job!) Part of my job is to deal with slugs like ARC. I say again, these debt collection agencies have no powers. In your case, you have an ongoing dispute with Egg. While that dispute is ongoing, it is unlawful for ARC to pursue you. That includes all forms of communicating with you. If Egg are saying they no longer own your debt because they have sold it to ARC, then ARC must produce a Deed of Assignment to you - not just a letter to you saying they have purchased the debt from Egg - but a proper Deed of Assignment, witnessed by a solicitor, (a solicitor registered with the SRA), and the Deed registered. All facts that can be checked. DCAs are very fearful of having their trading licences revoked. They are regulated and they have to follow a code of conduct. If they do not, they have to explain why they have behaved outside of the code. They have to explain to you, and to the OFT and FOS. You have a legal right to make a complaint to a DCA. You have a legal right to make a complaint to the OFT and FOS, and ask for the DCA's licence to be revoked. You say "defiant" as if it's wrong, as if you are somehow apologising for standing up for yourself. DCAs work by conditioning people through long-term intimidation. Numerous phone calls, some nasty, some deliberately friendly, threatening letters, letters made to look like they come from solicitors, threatening doorstep calls or bailiffs, or losing your house - all of these tactics work to wear you down so you will make a payment, whether you owe the money or not, just to make them go away. You need to realise you are stressed, that they have in effect brainwashed you, and you need to change the way you think. My letter is not "defiant". It is strong. It tells the DCA, "You've told me what you want. Now I'm going to tell YOU how it's going to be." It gives control of the situation back to where it should be - with you. "Defiant" is a word describing a "reaction". Taking control back means that you are the person "acting" not "reacting". There is nothing frightening in this, and you can deal with it. You are not alone. I fully support anybody wanting to write a "polite" letter - the first time. But how long are you going to carry on writing "polite" letters before you realise that you're not getting anywhere? If you came into my office I'd write such a letter for you (remember I'm not touting for business, please, just explaining) and the DCA has to write back answering your complaint. Then you write to the OFT and FOS, tell them everything and ask for the DCA's licence to be revoked. Log Book Loans have had their licence revoked, and other DCAs' licences are up for renewal soon. Wow, this reply's long. Anyway, my head is splitting and I have a massive temperature, so I'm going to sign off now and go back to bed! I love winter! Regards Liz Southern

Hi Peeps, Send this to ARC and then STOP COMMUNICATING WITH THEM IN ANY FORM. "There is currently a dispute between Egg Banking and myself regarding matters arising from Egg's termination of its contractual agreement with me. For two organisations, ie, Egg and your firm, to pursue an alleged debtor simultaneously is harassment and a breach of your Trading Licence under Office of Fair Trading Regulations. In view of the above, I will only communicate with Egg and only by correspondence. Further, you are instructed to cease and desist all telephone calls to me. You are to consider this letter a formal complaint of your conduct, to which I require a written explanation of your conduct within the statutory time period. If you fail to comply with my instructions regarding method of communication, and if your response to the complaint contained hereunder is unsatisfactory, I shall immediately make a complaint against you to the OFT and FOS for the purpose of invoking financial sanctions and of having your trading licence revoked. Yours faithfully" If you have a spot, don't pick it!!! Write this letter, and then DON'T COMMUNICATE WITH THEM AGAIN! Why do you put yourself through this? It cannot be harder, NOT to pick up the phone or just to IGNORE ARC's letters! They have no powers. If you wish to deal with someone, deal with Egg, and Egg only. Regards Liz Southern

Hi, there is a thread, the link is below, but if you search for Amex hundreds of threads will come up. http://www.consumeractiongroup.co.uk/forum/amex/193706-amex-newmans-statutory-demand.html?highlight=newmans Happy reading. Regards Liz:)

Helloooo!

Whhhhyyyyyy????? Wot u want 2 no 4??? Kidding! Depends what the case is, what part of the country you're in, how long the barrister thinks he's (or she) going to be, what level court he'll be appearing in. Could be County Court £500/600 per hour. Might be nothing, as the client might qualify for legal aid - high or low level of legal aid. Two cases might be being heard at the same time, so the barrister might half his fee. I'm not being evasive. It really does depend on circumstances. Regards Liz

Hi there, The answer is, "no, they can't", not unless they have substantive grounds for so doing. In other words, they must show that they have a new ground on which to proceed, backed up with new evidence." (Sorry, swallowed a legal dictionary this year and it keeps blowing out bubbles!) Attempting to produce a copy of a document listed or disclosed in the original case does not classify as new evidence. The district judge of the county court will throw out any case that doesn't have merit and a reasonable chance of success. It could end up in another hearing, but a well-written Defence pointing out that there is no new evidence and that the DJ xxxx on such and such a date made an Order for the Defendant, and respectfully requesting that the case be struck out would probably result in this. (She's back!) She took her own case to court, if you remember peeps, won against Amex, and because Amex didn't pay my costs, I sent the bailiffs in, and they had to pay my costs and the bailiffs' costs. The only thing I regret is that because I was in a hurry I used the court bailiffs, who don't charge excessively. Anyone doing this should use private bailiffs where the fees mount up, so Amex has to pay more. I have also sent Virgin/MBNA packing. I'm now pursuing court cases for people full-time, with barristers, against credit card and loan companies, stopping repossessions, employment tribunals. Having a whale of a time! Oh, my own fight against Birmingham Midshires? They stopped trying to repossess me and have agreed to capitalise the arrears. Took me six months of fighting. I challenged in court that they had the right to repossess (securitisation) and delayed them by four months. The DJ browbeat them into agreeing a tiny amount of arrears per month (£15 per month) to get me out of her court and stop the repeated hearings, and BM caved, as I said, and offered to capitalise the arrears (without telling their solicitors, which was quite amusing at the hearing). Bye for now, Liz Southern PS Only problem is, I'm now very well known to the judges. They have started pulling faces when I enter the room. (Oh no, not her again. We'll be all day!)

Overhearing conversation of four teenage schoolboys on bus. 1st one says, "Go on, tell your joke." He tells the other two, "It's rubbish". 2nd boy: "There was this man, he was in prison, he'd been in prison for a long time, and he started digging a tunnel, and he was digging and digging and eventually he dug upwards and broke through a floor where there was a little kid looking at him. "I'm in a nursery," the man said, "I'm free!" "I'm four," said the kid. 1st boy: "Told you it was a rubbish joke." Liz Southern

Hi Peeps I had a friend who worked on the cruise ships. He worked up to being on the Canberra for her 3-month-long world cruise, after which he said he was bored, and said, "Now what can I do?" Shortly after that he was back on the Canberra, sailing for the Falklands with the troops. Note: the Canberra never went up anywhere near the mines, apparently. Its little sister ship whose name I can't remember - Poli something - went in first in case a mine hit it. He also said the troops never stopped eating Mars Bars. and any other sweets they could get their hands on. Regards Liz

Yeeaaaaah!!! Go Trumpetmaest, Go Trumpetmaest!!! Yes, there is something else you need to do. In a few days you will get by post a one-page document called a Court Order. It has a Court stamp on it. It will give you the date by which CapQuest have to pay your costs. Make a note of the date, because if they haven't paid you by that date, you can send the bailiffs round for payment of your costs plus £100 of their own (bailiffs') costs! Post on here if they don't pay and I'll talk you through it. Again, well done. Liz Southern.