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russ2101

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  1. hmmmm, until finding the Judgement lastnight i couldn't remeber what year i was acutally given the CCJ, i was given it in 2006. And now after working out what should have come off the amount agreed and the amount on the statement is alot less so i fear they are in the right and the interest is just being added as the fixed amount agreed. but they were charging me for a PPI up until last year, so i think i'm gonna get a SAR still to see what i have acutally being paying for. thanks for the advice everyone but i'm sorry it looks like i could have made a school boy error.
  2. it was part of the orignal contract, but they send me a yearly statement and they were still charging me for it seperate after judgement
  3. holy cow its taken so long to find it!! i thought at 1 point i'd thrown it in a fit of madness. here goes, to the defendant: the claimant has objected to the rate of payment you offered. the court has therefore decided the rate at which you should pay. you must pay the claimant £14729.00 for debt (and interest to the date of judgement) and £395.00 for cost (less £10.00 which you've already paid) so i guess they cant charge me for any interest after judgement from this then? also 2009's statement came through with PPI on which i complained about and they Supposedly diducted what i'd been paying!! so whats the next step is it a SAR to see what i've been paying for?
  4. Hi, firstly can i apologise if this is posted in the wrong place, i looked round and this seemed the right place to post. Back in i think 2007 i was given a CCJ from the A&L now Santander, i recieved a yearly statement which they are still classing it as a 'unsecured personal loan' which isnt a big thing but i wasnt sure was right as i thought once a CCJ had been given it was classed as the contract being terminated?? anyway the agreement is £50 p/m to be paid which wipes £600 off the debt in the year, then they have added £768.86 outstanding interest at the bottom it says (outstanding interest- means the amount of interest that is payable should the account run to the end of the agreed term). so the acutally amount i owe is going up every year, i thought once the CCJ was in place that was the final figure and nothing could be added to the amount after that? if it'll help i'll try search out the court p[apers from the CCJ.
  5. I havent posted on here about my case i've been watching and using other cases to help me, but i have now come to a point where i'm stuck. i have a loan of £14,000 plus interest, i live in a shared ownership house with a joint mortgage with the mrs of £22,500, i already have a CCJ from A&L and the Northern Rock are going for one then a charging order. the problem i have ha ha where to start, i was retired on ill health in 2007 with severe depression and anxiety, basically it was work related i have taken them to tribunal and have just won but the remedy hearing to discuss compensation is the end of may. the hearing for Northern Rock is 7th April i think, now basically how the hell they expect to get anything out of me is beyond me, when in court do i mention about the tribunal?? and agree i will pay the loan less the interest (try strike a deal) or not mention it and see what happens, there is a final twist of fate that is it is the same solicitors i am fighting in the tribunal as in county court. :confused:
  6. i've just got my hearing date through today, 7th april cant wait.
  7. starbar, i'm in excatly the same boat you are in. i followed wombles thread and emailed the CEO unfortunatly they didnt get rid of the court action. we had a case management meeting and a list of orders were set, these were made from a list of recomendations from NR solicitors, so i followed them made sure my witness statement was in on time!! didnt receive theirs it ended up being 14days late, the allocation questionairre was sent in late by them and the court gave them 14days or the case would be thrown out. now i have wrote to the court and complained that they have an unfair advantage as they wrote their witness statement around the content of mine, and if it had been the other way around they would have jumped on me from a great height. the judge replied by saying i could apply for an order 'debarring them from relying on witness evidence' but i posted a question on here about it and got no reply. make sure you watch them they are very underhanded
  8. specific question?? that is exactly what i am asking, did you read the post? just to give yoiu an insite why i'm snowed under, i suffer from anxiety and depression and was retired from work on ill health in Jan 08 at the grand age of 34. for 4 years previous to this at work i was bullied and harrassed by management where i worked, and this week it is a final hearing for my employment tribunal, for which i taught myself employment law and represented myself, i am also in the middle of fighting northern rock as they are trying to get a charging order agauinst me, my head cant cope at the moment with any more legal info. so i thought i would just aks a question, as i dont post regularly but do normally spend alot of time scouring the forum for advice. forgive me REX if i got the wrong idea and thought that someone maybe able to help me.
  9. firstly can i apologise if someone has posted a question like this already, im snowed under with legal bumf at the moment. in 2006 i was taken to court and given a CCJ by the A&L, this week (stupid me) i have just realised that the amount they claimed through court included nearly £2500 in PPI which was miss-sold to me. my question is where do i stand on claimaing it back? is it possible??
  10. a list of directions were given by and dates were set by the judge on when the witness statements needed to be exchanged and when the listing questionnaires had to be sent in. firstly the Claimant submitted their witness statement over 2 weeks late, the sole purpose of this was to base it all on the content contained in mine. then they sent their listing questionnaire 2 weeks late aswell, the court actually sent them a order giving them 14days or the claim would be thrown out. i have wrote to the court about all of this and been advised by a judge that i can seek an order debarring the claimant from relying on witness evidence. now, will this mean it will just be this witness statement they cant use, then they can submit another?? or is it all witness evidence? so even if they make another statement it cant be used? because i dont want to go through seeking an order, then find out they can just submit another statement.
  11. afew weeks ago i posted on here about witness statements, i had followed the court order given by the county court and sent it on time on the right day but i didnt recieve the claimants witness statement till 2 weeks after. so this puts them at a very unfair advantage, i was told on here that it is a regular thing that claimants do so i've been on a legal forum and taken some advice. so make a note and dont let them get away with it fight them all the way. if you havent sent your witness statement yet this first but is for you. Before putting your statements in the post for a simultaneous exchange, phone the other side and check that they are ready to exchange. If so, send your statements; the covering letter should note that pursuant to the agreement made by telephone they were to put their statements in the post on the same business day. If they say they aren't ready to exchange, ask them when they anticipate being ready. Then write a letter noting the contents of the conversation, and that your witness statements have been filed with the court. This letter should go in your own case file so that you can, if necessary, draw the court's attention to the failure to comply with directions. In the covering letter to the court note that you offered to exchange with the o/s but that it was not ready. What you should avoid doing is sending your witness statements so that they can have a jolly good look at them and draft their own statements accordingly. In your situation, you should check their statements to see if they obviously or possibly not so obviously are drafted in response to yours. If so, and if you have rebuttal points you wish to make, contact the other side and say that you've caught them with their hands in the treacle jar, and you want to serve a supplementary statement(s), and that if they object you'll make an application on the basis that they have taken unfair advantage of receipt of your statements. If they agree then keep the rebuttals as short as possible. If the directions say 'No other witness statements except by permission of the court' then you'll have to apply for an order for the supplemental statements, but you should have no difficulty if the other side consents. If the directions do say that and the other side does not consent, then you argue that you should not have to pay the costs of the application (for supplemental statements) because it was only necessitated by their failure to comply with directions. if you have sent it already and they have gone against the court order then this is for you. Solicitors Regulation Authority - Code of Conduct: Rule 11 maybe a sticky put on this????
  12. as far as i can tell NR dont have my original agreement, i presume its a photocopy or scanned into thier system as they have a different set of terms to the ones on the back of the original one i have. do they have to have the original agreement? and they issued me a default notice saying i'd gone against section 4 of their terms, but on the original agreement section 4 is about early settlement. so i was wondering, if the agreement i signed has different terms to the terms they are using, is the default notice void?? as i agreed to the terms on the back of my agreement ands not the pnes they are now producing. (they are basically the same just in a different order)
  13. well i've been to court and dropped off a copy of my statement and stuck in a letter asking it to be put urgently before a judge, that they are only doing it to gain an unfair advantage. see if it works.
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