Weightmans/HFC County Court Claim

[babybear39]

Good to see you hanging in there Hopeful1.

 

*hugs* and best wishes...

[Hopeful1]

Hi H

 

It's invalid as it dosen't give you 14 days and I am sure others will be able to pick holes in it too.

 

Glad to see you are still hanging in there!

 

Good luck

 

David

 

Thanks David. I think i had been reading default info under the CCA 1974 which refers to a minimum of 7 days. I spent ages trawling through threads last night and then searching on the internet after realising i was looking at the wrong caselaw - doh!!

 

Good to see you hanging in there Hopeful1.

 

*hugs* and best wishes...

 

Definitely still hanging in there. I am still attempting to negotiate, but i won't agree to the whole amount. The more errors i can find, the better. If i do end up in court, i won't take things lying down.

 

I also need to amend my defence, so i need good reasons to continue defending

 

Best wishes to you both

[spiritgirl59]

Hiya Hopeful1

 

Thinking of you and continuing to send you positive thoughts for a good outcome on this one

 

I haven't been too well, so not been on here much of late. Things all quiet for me DCA wise right now, no letters, phone calls or post cards. Hope I don't speak too soon LOL !

 

Love & hugs

SG x

[Hopeful1]

Hi SG.

 

It's good to hear from you - i often think about you. i'm sorry to hear you've been unwell. I hope good health returns soon

 

Thank you for your support, hun

[robcag]

Hi H1

 

Thanks David. I think i had been reading default info under the CCA 1974 which refers to a minimum of 7 days. I spent ages trawling through threads last night and then searching on the internet after realising i was looking at the wrong caselaw - doh!! sometimes I also find it slightly confusing when things such as this have been amended, and I end up reading the pre-amended text, so you're not alone!

 

 

 

Definitely still hanging in there. I am still attempting to negotiate, but i won't agree to the whole amount. The more errors i can find, the better. If i do end up in court, i won't take things lying down. I wonder if it's worth keeping quiet about the defective DN to the enemy? I think you've read my account of my morning in court last week regarding an invalid DN in my little battle with HFC/Restons. The invalid DN has definitely thrown a Spaniard in the works!

 

I also need to amend my defence, so i need good reasons to continue defending

 

Best wishes to you both

 

Cheers

Rob

[Hopeful1]

Can someone please clarify the timescales on defaults?

 

I have just seen posts by Robcag and Paul which refer to only 7 days being required until 2006?

 

I need to suss this out as it's the main argument i have

[pt2537]

yes the law changed in dec 2006, after that date a default notice MUST give 14 days from date of service to remedy any default

[Hopeful1]

yes the law changed in dec 2006, after that date a default notice MUST give 14 days from date of service to remedy any default

 

Oh bugger!! My notice was issued in '05. I was starting to feel hopeful again.

 

Thanks for clarifying that Paul

[pt2537]

was it?

 

oh, how come that wasnt picked up then:eek:

[Hopeful1]

was it?

 

oh, how come that wasnt picked up then:eek:

 

Sorry for delayed reply - my computer was playing up and then when i finally got back on line, the site was down for upgrading!!

 

Anyway, i have obviously got my wires crossed, nobody said it was wrong when i originally posted it up. I got confused, because every post i read referred to this 14 days, so i went off to find the legislation, but obviously didn't note the amendment dates

 

I was just desperate to find something to base my amended defence on - all i really have is the PPI. Weightmans want me to confirm why i think this is mis-sold - let's hope i can convince them it was, so hopefully we can settle prior to going to court.

[robcag]

Hi H1

 

I'll take the quick/easy route and ask you rather than search back through the thread, but is it possible the amount on the DN is inaccurate due to containing penalty charges for late/returned payments, charge for actually issuing the default notice etc.?

 

If so, there might still be a chance...

 

Cheers

Rob

[Hopeful1]

Hi H1

 

I'll take the quick/easy route and ask you rather than search back through the thread, but is it possible the amount on the DN is inaccurate due to containing penalty charges for late/returned payments, charge for actually issuing the default notice etc.?

 

If so, there might still be a chance...

 

Cheers

Rob

 

Hi Rob.

 

The charges would be classed as 'de minus' in comparison to the overall debt, so unlikely to make a difference.

 

I'm staying with friends today, but will be back tomorrow to work on what i've got!!

 

Thanks for looking in again

[29spots]

Hi Hopeful, still thinking of you, I check you thread quite often to see how its going, so glad that you are still hangin in there.

 

Best wishes Spots

[Hopeful1]

Hi Hopeful, still thinking of you, I check you thread quite often to see how its going, so glad that you are still hangin in there.

 

Best wishes Spots

 

Hi 29spots - a very belated thank you for your post.

 

I'm still attempting to reach an out of court settlement, i'm just waiting for a response. Not sure where i'm going with this otherwise!!

[babybear39]

Everything crossable crossed for you Hopeful1 *hugs*

[cashins]

Good luck

 

David

[Hopeful1]

Not being given anyway leanway by HFC. They will not consider mis-sold PPI argument as it was on the agreement as a seperate addition to the loan and have not increased their offer of a refund. They are also saying my claim would be against the insurance company not HFC. I believe this to be complete sh*t but am running out of time.

 

Weightmans repeatedly remind me of the costs, the amount of time i've not made payments blah blah. Despite the fact i know this is so bad cause they didn't provide the agreement last May and that i know they are trying to intimidate me, i am again beginning to feel the pressure.

 

I'm going to see if i can find a solicitor who will offer a free initial session to advise me. I should have done that months ago really but we live and learn hey? :-| Despite feeling so fed up with it all, i can't hand in the towel yet - there's still the energy to fight, i just need to suss out how!

[trevor33]

Hi Hopeful1. You seem very dispondent at the moment. I am still waiting for my date in court. They say September.

Have you checked who the PPI is with. HFC used to do the insurance themselves. As for Weightmans and their costs, I am sure they see what they can get away with. Probably some un-CAG educated person will bow to their threats.

As for getting advice from a solicitor, I am sure you will find better advice here. Try CAR2403.

Regards Trevor.

[Hopeful1]

The insurer is / was Hamiltons. The suss thing about it all is that HFC saw fit to cancel the insurance a few years ago at my request. I can see from the info i have now, that they refunded a very small amount to the balance. I am almost sure there is a battle to be won there.

 

My problem is, if it goes to court and i lose it is not just about me. My OH is not aware of this at the mo, but we have a joint mortgage. After a particularly difficult 12 months or so he has just acknowledged he is suffering from depression. He cannot manage any form of stress, which in turn adds to the burden i'm carrying. He attempted to take his life earlier in the year. I could never forgive myself if i allowed the likes of HFC to push him over the edge again.

 

It's never simple is it? I'm going to have an early night and take a few days to mull things over before i respond to 'them'.

 

Thank you for your kind post

[trevor33]

I am sure me and all on this site will support you all the way.

[car2403]

My problem is, if it goes to court and i lose it is not just about me. My OH is not aware of this at the mo, but we have a joint mortgage. After a particularly difficult 12 months or so he has just acknowledged he is suffering from depression. He cannot manage any form of stress, which in turn adds to the burden i'm carrying. He attempted to take his life earlier in the year. I could never forgive myself if i allowed the likes of HFC to push him over the edge again.

 

There is always a personal cost in continuing - time, patience, money, more patience, a load of stress. Personally, if I think if you're in this situation you need to consider the impact of going on against the benefits you will get. It's not easy on the best of days, they will wear you down - unless you can truly protect your OH from it all, meaning you take them on yourself, the cost just isn't worth it.

 

Of course you'll get help here - it's what we're built for. IMHO, going to a Solicitor is a waste of time. Not all know the CCA inside, out, nor do they specialise sufficiently to help your claim. Some do, however, so you may strike lucky.

[cups]

Hi

 

Just reading the update, which sounds not too good, but whatever you decide you will get support here. I know how you feel as no sooner have you got one thing sorted than another raises it's head above the parapit.

 

Keep your chin up..

 

Hugs

 

Cups

[babybear39]

Hi Hopeful1,

 

I agree with car2403, going to a solicitor at this stage is just going to be a waste of time. Some others, like pt are already helping I know but have you tried JonCris?

 

You've done great so far, don't let the b*****ds grind you down, that's what they're hoping you'll do.

 

Keep your head held high and keep up the fight *hugs*

[spiritgirl59]

Hiya Hopeful1

 

I'm sending you a big supportive ((((hug))) and just wanted to say that I do understand how you feel.

 

I agree with Car2403, you must do what you feel is best for you and your own situation.

 

Whatever you decide you know you'll get 100% support from all us CAGers, and you know where I am if you want to offload

 

Love SG x

[robcag]

Hi H1

 

I can't think of anything which will help your cause, but I hope someone can come up with something which will turn the situation back in your favour.

 

Good luck!

 

Rob