ccj to with welcome.now dispute

[stepwayne]

ok, off to court in 10 mins.gulpp!!

[dawnytrish]

Good luck.....Let us know what happens......

 

Dawnx

[beyondhope]

Best of luck let us know how you get on

[ozzywizard]

Your probably gone now so hope our luck follows you. let us know soon as you get back plzzzzzzz.

[stepwayne]

right,

got back from court.

first objective achieved.

charge order hearing adjourned until outcome of set aside application.

 

Although there is a few points to raise.

 

Although we went in there with that objection it was the solicitor acting on behalf of welcome/irwin mitchell, (think she was a local representative )

that actually said she was going to ask it too.

 

We rang the sols on posts advice on thursday asking if they would agree to this.

They said no!

They also said no-one would be attending and sent in a letter confirming this.(someone did attend)They are playing mind games!

 

She also told us of a few things on the setaside application that we could not rely on. I will go into that when i've calmed down.

 

The judge when we saw him warned us of the timescale.

He said it would be one hurdle to overcome as to why it took us a year to put in the set aside application.

He also said, which i understand because we are.

"you have to be careful, you need to know what you're talking about...you are a little fish in a big pond swimming with sharks."

 

The solicitor also warned that if the set aside application is granted,

that welcome would fight it, and this is where it becomes expensive.i.e costs.

 

She also admitted that the apr rate being wrong on agreement is a very good defence.

 

Could someone please recheck this as i see it being the major player here.

Anyway, thanks to all who've got me this far, especially post.

[stepwayne]

any comments people. Am i still on the right track? I feel a small victory, just for having been to court. i now know what its like, even though its only a hearing. i'm a little concerned by the judges comments though.

[beyondhope]

Well done on the first step of going! I too would feel slightly victorious on the adjournment.

If they decide to fight the set aside it would be expensive for them too so im sure they would think carefully given their current situation

Ive not cracked the APR calculations yet but im sure someone will be along to recheck for you

well done on surviving your court appearance

[stepwayne]

thanks beyond. i'm a novice so stay with me here. when i've been today i've basically been told that a true copy of the agreement doesn't have to be presented in a court and a copy/photocopy/microf will be sufficient for a judge from welcome.

also been told that the default notices don't need a date on them. now i've read on many posts the complete opposite, so where do we all stand on this one?

[beyondhope]

I believed a true copy was needed in court but to fulfill the CCA request the copies mentioned were ok?? eeekkk

 

double eeekkkk @ default notices I thought the very same thing ?!

 

maybe worth posting on this link and see what responses you get?

 

Invalid Default Notices - The Consumer Forums

[stepwayne]

it seems that people are looking too deep into the consumer credit act 1974 and taking it too literally.

 

this is from the advice of a solicitor,

 

what i'm relying on is very easily argued and taken as good by the court.

 

It seems its new but not that new.

 

I think i've seen a post elsewhere about all this on cag.

 

i've just had it confirmed.

 

Unless you've other arguements it seems it means jack.

[beyondhope]

Thankfully I have a copy of CCA anyway so thats not a problem and not one of my arguements,

 

the fact the DN was 'defective' in my case is just an extra thing again thankfully :/

 

this is what scares me about trying to work all this out for myself it can all be portrayed wrongly :$

 

I would imagine the fact that our friends cant add up accurately for the total amount repayable or the total of the payments

would be pretty straight forward enough on top of ignoring queries and chasing despite the account being in dispute.

[stepwayne]

one other thing.

 

the judge didn't seem too impressed.

 

i think he would like to see us better represented at the set aside hearing.

 

just a note of caution to others who go it alone.

 

Its easy taking advice and trying to understand,

 

but to get everything out in a manner that you mean or want it to is very difficult in the situation.

[beyondhope]

That is another thing I have been pondering would it be worth drafting in a solicitor at the N1 stage to take over

 

as seriously the thought of court really does give me the willies

 

I dont think I understand enough to be able to fight my corner adequately if questions arose

 

I can see what has been pointed out to me etc but to explain it in a legal terms sense is abit beyond me i think.....

[stepwayne]

agree beyond, i have my originals, which i pointed out to their solicitor and kept repeating, just in case they wanted to try a da vinci copy.lol. but it makes you wonder who we're fighting here.

[beyondhope]

I dont have originals but I have 2 sets of copies both provided by them and im happy that they are copies of the original I have no issue in that sense at all but it does appear that everyone makes the fight a war when dealing with WFS...

[stepwayne]

i just think things have changed a little in the past few months. if anyone can point out where a case has arisen as to why? i know everyones case is different but these things stood out for me.

[beyondhope]

If things have changed though I think they should make this information freely available otherwise im sure many people will arrive at court

or be preparing for court and end up looking stupid.

 

I did read something somewhere about people putting accounts into dispute over CCA request not being met

 

when in fact they were ill informed and what they had received met the regulations

[stepwayne]

listen,

 

i'm no expert,

 

i'm just saying whats been said to me

 

. gullible.....maybe.

 

But she was adamant that it was no hurdle at all for welcome and she did admit the other cases set in the set aside application were totally valid.

 

i'e apr etc. the ones that would stand up more anyway,

 

to which she has

 

,or the sols have no paperwork on to check yet.

 

she was only a local representative solicitor,

 

as my wife knows cos she works at a sols so is always at court

.(only a receptionist though..!"£$,lol)

 

so i really need to know the other points are solid.

[beyondhope]

No I dont think gullible at all as information like this if proven to be true will help stop unnecessary court costs etc for some all bits of info should always be checked imo anyway as we always say we are learning as we go along!

[stepwayne]

true. i'm sure post will have something to say when hes back. i've got a month to prepare. so hopefully i get it right with all of you. just not confident in these situations at all.

[mark1arby]

Hi Wayne/ Beyond. First, Well Done M8. Has you say Court is daunting, but you DID IT!!! this will give others the message that it`s Not So Bad. I think there are many positives to take from your experience. Well done again Wayne.

 

It is also good timing, in my opinion for you to have returned with questions that obviously now need the attention of the " Enlightened Ones ". If there is the possibility that points we have read has fundamental so far are changing and could lead us down The Road to Nowhere.

 

It seems the things you have high lighted are quite fundamental to many Disputes with the ****. So we need a clear Path to be indicated if these points no longer hold water, before someone comes unstuck and things go astray for many other Caggers.

 

Cheers, MARK

[stepwayne]

it just sounded like "we've seen it all before, ho ho ho, it won't stand up" i'm glad they are not really the fundamental arguements for me.( i hope)come back post!lol. i'm still positive, just be wary if thats what you're relying on.

[stepwayne]

thanks for comments too mark1aby!

[ozzywizard]

Wayne, you did good mate... seriously well done

[ozzywizard]

Wayne if you need us to check any APR figures etc just give me a link to an agreement or figures you want checking.

 

She also admitted that the apr rate being wrong on agreement is a very good defence. Could someone please recheck this as i see it being the major player here.