Hi All Any views or opinions on my last Post!!!! Regards Orky

Hi All I have received today an listing to hear my application to pay the judgement by installments. In this normal that a hearing between the defendant (me) and the claimant would be requested? any views on what i should expect? I addition the following day i receoved confirmation that the claimants application for a charging order had been refused but it does not say why and when I contacted the court they could not elaborate just saying your redetermination request will by heard at a hearing as described above. Doesd that seem strange? I assumed that if an application for a charging order was requested there would be a hearing at which point I could try and contest it. Is that correct? R Orky

Hi Ok PT I will send redetermiation letter today. I assume this is simply a request for them to relook at the case and decided if the judgement is valid? My overheads exceed my income as I am on Job seekers allowance at present. I can only offer £1. i sthe court really going to accepat that? any Views appreciate r orky

Hi All Git formal judgement today from Court. this advise me I have to pay to claimant £9189.71 by 30/1/09. The hearing was on the 16/1/08 so not alot of time. I wish to try and set up a payment method via installemnts but I am on job seekers allowance. could I ofer £10 pm. any views appreciated. r orky

Hi all thanks for the responses. the judge copnsidered both the document and DN contained the necessary terms. the only area he expressed any concern was over the signature of Amex which he considered didn't exist, but felt on balance under section 65 he would give judgement. I didn't feel Brachers comprided me but they had a better prepared case which I struggled to confront. the only area I tried to really focus on was the signature that did not exist and I felt this broke section 61 and it became an unenforceable document. the judge did not agree r horky

Hi I did not ask for a time order as I do not know what one is and the court did not ask me to pay by installment r orky

Hi All Had my latest hearing today as the claimant has applied for summary judgement. After an 1 hour of debate the judge felt the cliamant should be awarded judgement but refussed the file refferal fee. My question is what happens next. Will Amex go for bankruptch/ bailiffs etc any views much appreciated. Orky

Hi All I am a 45 married man with two dependant children. I lost my job on the 15/9/08 and have not found work since. my wife works part time. My house is in negative equity and we have no savings or other assets. I am trying to establish if there is any assistance available for the interest on my mortgage. If so can any body help me or direct me to the right place. r orky

Hi All Thanks Brent100 and palomino I have a question for Brent concerning the mortgage arrears. My understanding is the OR will have no interest in my house as it is in negative equity and the OR will allow me to stay provided I can get a mutual arranagement to pay arraers with the mortgage company. would you agree with that r orky

Hi All Looking into BR after a business failure. Situation is as follows. I am married with two dependant children. Have property in negative equity in joint names. Currently 2 payments in areas. I have had two jobs in last 12 months both been made redundant from. I have a part share in a partnership but due to the econonomic climate we can not pay ourselves so I am effectively making no income. My wife works p/t I have approx. 150k of unsecured debt (all in my name not wifes) one credit (amex) currently taking me to court but awaiting summary judgement hearing date and I will defend. No other assets to speak of. I would welcome some views as to these questions. 1. If Amex are successful in their claim and they apply for BR that process would save me the fee's, albeit I would not be in control of the timing. Would there be any disadvatage for me allowing Amex to BR me? 2. The house is in negative equity. If made BR how would mortgage company deal with the situation? 3. When BR is it likely OR will give me some time in this house or not? I appreciate any views Orky

Hi everyone An update of my case. Went for the second time to court for the Judge to here the claimants (Amex) application for summary judgement. the first one was adjuorned due to me filing a defence and not sending a copy to Amex 7 days before hearing. I think the judge gave me the benefit of doubt. New hearing held on 11/11. whilst waiting for hearing the cliamants solicitor asked for a brief chat in a private consulting room. the first thing he did was give me an up to date summary of costs incurred I assume this is normal protocol. he then chated and somehow we started talking about whetehr I owned property etc and then we got talking about me doing a deal with Amex to stop the case. I took this as a without prejuduce conversation and thought no more of it. The hearing came and (THIS IS THE WARNING) the first thing he mentioned to the judge was that I was trying to do a deal to settle and by implication I therefore must acknowledge the debt. she basicallyn agreed but to my benefit she said that due to the fact he had mentioned this before any legal aargument she had formed a prujudicial view of me, namely I must agree the deby exist otherwise why would I try and do a deal, and therefore she would not hear the hearing and adjouurned and would noy allow the claimants costs. I felt i had been "done up like a kipper" but the lawyer seems to have messed it up. The warning is do not speak to these people just listen. R Orky

Hi PT Did you have a chance to look at the agreement I sent you Regards orky

Hi PT http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=2886&d=1213285257 Hope this is OK it is terms 3,onwardsconcerning main presribed terms etc r hop

Hi Everbody Thank you all so far particular PT and Docman. The story so far. I had a summary judgement application heard on the 21/8 at 2.30pm. The hearing was adjoruned as I had provided an amended and further defence to the court but and had not sent a copy of this to the claimant 7 days before the hearing. The judge I think did me a favour as I had contravened a CPR rule over this so he adjourned and asked me to send a copy of this defence to the cliamant and a new court date will be set. This process has made me consider I have have a weak case based upon the following: The thrust of my defence to the original claim and reason for requesting the SJ be struck out is as follows: 1. The alleged CCA doument does not contain the prescribed terms to make io enforceable. 2. The file referral fee added to the account of £1186 is not payable. 3.The notce of default does not meet the requiremets of the CCA in relation to format and delivery. Effectively I have put the defendent at strict proof thereoff. My question concerns the first part of this, namey precribed terms. I am of the opionon the Amex documet meets all the areas except signature of the creditor (Amex). this I think makes my case very weka and I would appreciate any views anybody may have r orky

Hi PT It is Brachers Solicitors based in Maidstone. R Orky