Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**

[r&b]

think SAR is a good idea ,link to reg addresses attached ,to see if u have any grounds to set aside the ccj?

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks-j.html

Im not sure its so easy when the debt mgmt co have filled it in first as I ve seen threads by Von Greenbach where this has caused probs but maybe worth lookin at.The thread looks like a similar situation to yours, might give u a few ideas..

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172098-vg-northen-rock-charging.html

Im tryin to set aside 2 ccj s at the mom link here (they pretty much the same) if u wanna see what i ve dun so far, to prepare for any future action:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/180864-finding-faulty-cca-agreements.html

[r&b]

spam thats why I have 3 ccj s 2 with charging orders. I wasnt in a place to sort it out, you do get to that place. Im on that path n so are u now.dont beat urself up just get the job done as best u can.

1. POC- Particulars Of Claim example on this form here (lower left):

http://i615.photobucket.com/albums/tt231/robntanya/LLOYDSODRAFTPOC.jpg

2. if HFC are the OC (Original Creditors) then yes send it (SAR) to them at the reg address on the previous link.

3. SAR template here:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca.html

4.I have SARd the DCA as well for some of mine and received all they had on me its another £10 fee tho.

oh one point on all this ..dont sign anything at all, just print and use postal orders if u can not sure if anyone has mentioned that.

hope that helps til the experts arrive

[r&b]

hi spam, ive signed stuff before I knew better and it doesnt seem to have been used in a spurious fashion just yet, so dont worry too much. I m no expert but I wouldnt be worrying too much about the credit report, best to concentrate and get the facts straight so u can decide on the next course of action. the credit report can be sorted out at a later date if u get this set aside so focus on that would be my plan.

[r&b]

hi spam, looking in gd shape then. FG will im sure have some more excellent advice for u when online but i can help a bit for now:

1. thats what i did and it was fine. didnt need anth else other than relevant docs to get the hearing.

2. what ur trying to do is prove u have a valid defence under 13.3, so as FG says if ur gend up on CCA issues and they have no/poor answers/docs ur half way there. look back at post#70 and get all ur arguments in place. no need to supply docs early can take em with u, but i would make an 'easy reading' bullet point list to have in front of u and supporting docs properly labelled separately, so that u can reference them easily when u get questions fired at u. i ll leave FG to the difficult stuff seems very gd at it lol ...best of luck tho.

[r&b]

spam just a thought and id be interested to hear wot FG thought as well, but u cud formulate a draft defence, in anticipation of the DJ needing clarification on the ponts of CCA1974 and caselaw that u r referencing. my case as u know was adjourned just for that reason but for u it may leave the other side a bit flat footed and prompt the DJ to see your side better and perhaps make a ruling there and then? just a thought as i say.......

[r&b]

spam have u looked at this thread, if not may be useful to u:

Arrow Global v IGNM - The Consumer Forums

[r&b]

other than subscribing to a credit agency, i think this might help its a bit small spam but i think u might be able to enlarge it and u can just make the web address and ph number anyway.

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex320_0406.pdf

[r&b]

hi spam, if it were me, i think id be inclined to concentrate on the stuff to get the set aside, ie CA, default notice, NOA, etc. this other stuff is great defence fodder but dont let it knock u off the scent so to speak. if they have no enforceable CA or other docs they have no case and u have gd grounds. have u had a hearing date for the set aside yet? i dont like to be the one to suggest it cos im not 100% on this stuff but cpr disclosure might be a gd step. to my mind if u go thru the steps to get the docs ie. CA rqst/SAR/CPR/CPR reminder/possibly (as per PT thread) CPR enforcement and u still get nth or garbage, at least u have shown the DJ that u have tried every possible means to get the relevant info b4 u even set foot in the court. also if u ve dun all that its got to make it diff for them to come back and have a crack at the judgment in the future, which is smth else to bear in mind. others may have better ideas but thats wot makes sense to me. hope u dont mind my commenting

[r&b]

Don't want the DJ to say ' well you admitted it so what are you whingeing about go away and stop wasting my time!'

 

ur goin for set aside under 13.3 so he shudnt if u have a decent defence.

if u read PTs thread u need to be very reasonable in the time given to reply, so soon as i wud have thought, IF u want to go that route. u have an impending hearing so u cant be too generous. other opinion would be gd on this.

 

I think that if it gets to the stage where the judge makes an order for disclosure and you both hand in your evidence then both sides have to disclose everything they have in relsation to the debt so that would include letters etc would'nt it??

 

do u mean on the enforcement of the cpr?if so, i think (only my own observations) at that point u have specified the docs u wanna see (depending on which u used) which wud generally be the major docs reqd for enforcement. please correct me if im wrong id hate to mislead spam.

[r&b]

sorry spam i hope this is all relevant and not hijacking. something occurred to me whilst i was doing my cpr rqsts. that being if u get to the point of n244 application for disclosure, you can ask in the draft order that unless they comply the court set aside the juidgment. i cant remember if that equates with PTs advice as that thread is not abt set asides but it seemed reasonable to me. thats why im wondering if it would be useful in your circumstances as it would in effect remove the need to go thru the set aside hearing (or have both at the same time maybe). that is of course if u get no reply to speak of. either way u will know wot u r dealing with, which i believe was the point of that thread in the first place, allowing u to formulate a proper defence with a proper paper trail. just my thoughts from what ive been doing in my own cases.

[r&b]

I've been preparing my CPR request and I am now confused as to which rule I am requesting it under.

 

Having read the Stickys I see there is a 31.4 and a 31.6.

 

As I am going for a set aside hearing (date not set as yet)of judgement already in force which one do I use??

 

Help please...is it PTs or X20s

 

think u mean 31.14/31.16. IGNM advoates 31.14 in post above. i think from memory x20 posted that.

[r&b]

Can anyone please tell me what I should be looking out for in respect of unlawful charges etc. Bearing in mind this was a credit card agreement.

Thanks peeps.

 

hi spam, i wud say any charges. the fact that they are there at all without an agreement to back them up makes them unlawful after all how cud they chge interest when u have no stipulation as to the rate charged, how cud they charge penalties without any stipulation as to the level of chge, or why it was charged, etc ,etc? i think they wud just all get lumped together in any defence anyhow.

doesnt seem like a proper SAR reply to me, no bal on statements!!! no CA/DN/NOA is gd news at this point i wud say. have they previously sent u anth to go on at all, like a blank agreement or smtg like that?

have u dun the 31.14 rqst yet?

[r&b]

hi spam, i saw someone post these up to help with int calc:

 

these r the help notes:

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/233-interest-tutorial

 

this is spreadsheet:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets.html

 

gd point abt the payments on the CCJ id like to know that myself.

[r&b]

BTW Thanks for the info on calculating the charges etc...the trouble is, without a balance I can't do the spread sheet thing! So I'm stumped for the time being...

 

mm gd point. there is a simple calc in the bank charges section on www.moneysavingexpert.com if u go thru, which if i remember rightly simply calcs the interest from the date of the charge and adds them all together, giving u a printable table at the end. might be worth a look if it gives u a start and its smth to add to ur case in tha absence of a balance....shocking!!!

[r&b]

hi spam,

ur not alone, ive got exactly the same issue. well i expect i have anyway, phone call on monday will clear up the issue. i did the same, asked for without hearing, judge dismissed that and said hearing necessary, but it has taken over 6 weeks to even get a date, which on the face of it they have lumped together (2 disc apps and 2 set asides)!!!! im wondering if its an ignorance thing within the court (or DJs).

however from the small dealings ive had with the courts, they seem snowed all the time, so in their defence, maybe they like to get these issues resolved in one go as far as is possible. not good for us unfortunately but understandable.

so hes also prob miffed about only getting only one digestive with his cold cup of cha too!!!

im happy to go ahead with what they ve provided (very little) in all honesty. maybe thats the same for u? if they say at the hearing, u ve had all we ve got then perhaps theres an angle there to expolit. if it stands as is (the hearings together) then maybe labour that point so they can only use what they have produced thus far and build your defence accordingly......gonna be very diff for them to suddenly appear with anth useful after that i would suggest...

[r&b]

well spam my ph call didnt cast much light but she thinks we will be using the hour to sort out if he deems disclosure necessary or not if so we ll fight on if not he ll make a decision....

[r&b]

WHEN u win it will be them payin twice spam...

[r&b]

not sure if thats a ph number left on there spam?

looks like an appl form to me too spam even tho it does have credit agreement at the top and as IGNM has espoused before in skeleton arguments under the contra proferentum rule any ambiguity should fall against the party that seeks to rely on it....

[r&b]

I have decided to take the bull by the horns and send this letter with a copy of what they sent me and see what they reply with....

 

As per usual all input welcomed.

 

Dear Sir/ Madam,

 

I am writing with reference to your letter dated 15.6.09 and its enclosure.

It states that there is a copy of your ‘Statement of account’ enclosed but clearly (as you can see) that is not the case.

 

(I am wondering if) As the document in question contains reference to The Consumer Credit Act, I shall take the enclosure, a copy of which I have attached to avoid any doubt, as in fact your response to my five requests for a copy of the agreement pertaining to this case on which you will rely in court.

 

(I would be grateful if you can clarify this point by)I shall deem this as fact and amend my records accordingly, unless I receive alternative confirmation in writing. ( so I may update my records.)

 

Yours Faithfully

 

Spam.

 

just trying to pin em down a bit spam. dont know if u agree?

[r&b]

mmm im not sure wot these judges are thinking? havent got the same one have we? lol...

trub is if we keep harping on abt discolsure this n that we risk getting under his wig and i think things are delicately balanced enuff without that...so i for one am just gonna go with the flow n make objections at the time if i feel its not going my way.

[r&b]

hi spam,

sure uve seen some of this b4 but 42man has just put this up here may help galvanise the prescribed term issue:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/199150-sb100-hfc-default-compliant-4.html#post2251137

[r&b]

spam i posted smth on robcags thread as u seem to be picking stuff up from there. may be of use

cheers r&b

[r&b]

R&B,

 

Thanks for your input too.. I have picked it up and it looks as though it could be very useful.

 

I hope there's been some helpful stuff there that you have been able to use for yourself too.

 

Thanks again, Spam

 

quite apart from the factual input spam, your enthusiasm has been the 'helpful stuff' u mention. i keep trying to rep u but it wont allow me. i shall have to start dishing it a bit more freely til i can do so

 

we ll get there in the end....

[r&b]

hhmm looks like this a make or break hearing spam....how long has been allocated, cos this may take a while if ALL is to be put forward and considered properly?

[r&b]

Hi R&B,

 

Not one of my applications has had a time allocated to it... all I ever get is a covering letter saying 'It'll be dealt with at the hearing on 19th August at 2pm.... nothing else.

 

Perhaps they're giving me the whole afternoon... I now have, withdraw admission application, set aside application, and disclosure application all at the same hearing... hope the DJ doesn't have a liquid lunch before hand.....or do I?

 

Spam.

 

lol...well he ll just be playing catch-up with u then:razz:.....

in all seriousness tho id be tempted to phone the court and see wots allocated. anything less than 2 hours and id say u dont think this is long enough to give u a decent hearing given the amount to get thru.

from my experience (last hearing) just the point of the CA took over 1 1/2hrs, mixed in with the procedural issues took another hour and we didnt even touch on the disclosure. depends on the DJ tho i guess.