me v first direct court on tuesday

[braindead58]

Hi guys.

First diabolical got a ccj and a charging order against me last year without my knolage.The debt that they claim I owe them is made up intirely of bank charges and the account has been in dispute for over 2 years now.

 

Tuesday After a wait of 3 months i am going to court to have the ccj set aside and hopefully the charging order taken off my property on the basis that i knew nothing about the original court case and that the amount they claim i owe them is in dispute and has been so for over two years.

 

Just a quick question, When i sent off all the paperwork and evidance to the county court i had to send them copies to be passed on to FD. I in return have not recieved anything from first direct via the courts or directly. is this a good sign that they will not be defending themselfs or could i get a nasty suprise

 

Please let me know your thoughts

 

 

Braindead58

[diamondgirl]

Hi

 

Sorry I can't actually answer your question but if they haven't submited anything you can't defend what you haven't got so I would think maybe they know they were in the wrong in the first place so hopefully they haven't responded which has to be in your favour. I may be wrong of course I haven't gone through that procedure myself.

You could always ring he courts on monday and ask if they have received anything from them yet.

 

DG:)

[braindead58]

Hi dg.

Thanks for that i was already planning to do that tomorrow,As far as I know they have to attend court if they dont the court will find in my favor. I at least have given them the oppertunity to defend themselfs that is more than they gave me.

[diamondgirl]

You've probably shaken then up by trying for a set aside. These companies think he law is just for them and will always find in their favour but that's not always the case. My own got struck out so I am just waiting now till they contact me again as I've heard nothing for a few months now.

Good luck to you and let us know how things go.

DG:)

[braindead58]

I would like to know if anybody has taken fd bank to court about there worthyness to hold a consumer credit license. There worthyness as far as I see it is doubtfull.

The Debt collection guidlines issued by the OFT states that it is an unfair practice not ceasing collection activity whist investigating a reasonably queried or disputed debt, in my case and many others im sure these and other OFT guidlines have been disregarded.This is not really a fair question but gives you something to think about when going to court.

 

We as consumers go to Companys Banks Insurance company etc who have signed up to a code of conduct when we see that a company has a consumer credit license and that license is subject to a code of conduct (or guidlines issued by the OFT) we assume that they would folllow the guidlines or loose there license. makes you think dunnit lol

Edited July 5, 2009 by braindead58

[braindead58]

I spoke to the court yesterday (monday) and they have confirmed that they have not recieved anything from fd -hsbc.regarding county court case later today. feeling a bit nervous but hopefully all will go well.let you know later this afternoon how it turns out .This is just the first step in what I expect will be a long battle. wish me luck ""

[braindead58]

did not go well have 14 days to produce a detailed defence and a part 20 claim what ever that is HELP or he will find in there favor. felt very much out of my depth.

[fernack]

What happened please?

[annabella7]

Hi, I am just wondering what was the outcome of your case as you havnt posted in a while. I am now in the same situation.