lloyds claimform - old tsb debt - Lost Case - agreed variation order - but DCa's keep still chasing to up agreed payments

[AndyOrch]

So the balance was correct with the statements and summons, I recall it was for £10.00 and the second agreement they relied upon was a fresh copy with no signiture on and the DJ ruled that was ok?

Was there any reference made by the Claimant of CAG?

 

Andy

[Dorabell]

So the balance was correct with the statements and summons, I recall it was for £10.00 and the second agreement they relied upon was a fresh copy with no signiture on and the DJ ruled that was ok?

Was there any reference made by the Claimant of CAG?

 

Andy

 

yes Andy:-o never mentioned of CAG

[AndyOrch]

So you got a CCJ for £10.00 or £00.00 as per the DN and Statements?

as there was no other paperwork to clarify the Claimants claim.

Who was the DJ Ray Charles:rolleyes:

 

 

Andy

[Dorabell]

So you got a CCJ for £10.00 or £00.00 as per the DN and Statements?

as there was no other paperwork to clarify the Claimants claim.

Who was the DJ Ray Charles:rolleyes:

 

 

Andy

 

CCJ for the whole off amount with court costs on top:mad: they were tyrying to claim more:mad: the judge did ask to see there copy and asked if i had received a copy which she replied no, he looked at her and said that they could not claim all off the costs they were relying on just a few:-| it still came to a grand thou:mad:

[citizenB]

Hi Dora, so sorry to hear your sad news.

 

I dont understand how this could have happened.

[shirei12]

Oh Dora,

So sorry the outcome wasn't good.Keep your chin up love and hope you are feeling better today.

 

Shirei xx

[Desperate Daniella]

Oh Dora,

 

I am so sorry, and so very shocked. I don't understand how it happened either.

 

Huge hug,

 

Daniella xxx

[Dorabell]

Hi all thanks for all your kind words:) i am very sad:( to say all the hard work that has been put into this case with the help of Andy:p and many other Caggers:) with out you all i would not have gone this far it was an experience yesterday not bad thou:eek: so those who are a waiting to go to court its not so daunting has you think, just be yourself relax and stay calm and just listen to whats been said if you dont understand anything just stop and ask and do your best shot:) and hope you get better judge than me:( thank you all once again:)

[AndyOrch]

Hi Dora if you are going to accept the Judgement then you need to think about payment arrangements.Unless you apply for a redetermination then payment will be forthwith 28days.If however you require time to pay you need to download the N245 which will cost a further £35.00.

Your thoughts?

 

Regards

 

Andy

Edited September 30, 2009 by Andyorch

[Dorabell]

Hi Dora if you are going to accept the Judgement then you need to think about payment arrangements.Unless you apply fpr a redetermination then payment will be forthwith 28days.If however you require time to pay you need to download the N245 which will cost a further £35.00.

Your thoughts?

 

Regards

 

Andy

 

Hi Andy i have been thinking allday about what i should do do you think i have a good case to reject the judgement? its the thought having to go through with it all again as i persum it will be harder

[AndyOrch]

Hi Dora

 

That is a decision only you can make.You have had a feel of the Courts procedure now and i am personally shocked at the outcome of yesterdays events, but not privvy to the finer details of what you argued and didnt.Lets say for argument sake you get the same DJ and its a fair asssumption you will, what will make him/her change the decision in your case as we have no new argument to add to the matter,but can only reiterate what as already been said.

In reality the terms of the CCA 1974 should have been upheld but instead were disregarded.It is therfore for the above reasons I would unfortunately advise you to accept the above decision

 

Kind Regards

 

Andy;)

[Dorabell]

Hi Dora

 

That is a decision only you can make.You have had a feel of the Courts procedure now and i am personally shocked at the outcome of yesterdays events, but not privvy to the finer details of what you argued and didnt.Lets say for argument sake you get the same DJ and its a fair asssumption you will, what will make him/her change the decision in your case as we have no new argument to add to the matter,but can only reiterate what as already been said.

In reality the terms of the CCA 1974 should have been upheld but instead were disregarded.It is therfore for the above reasons I would unfortunately advise you to accept the above decision

 

Kind Regards

 

Andy;)

 

Ok Andy thanks i appriciate your honestesty i will accept it:(it just was not my day was it:( i will have to wait for the sols to send me what the are asking instalments if i don agree the judge did say i will have to make an application to him to look at my fiancial affairs they can only have what i can afford in the end thanks once again:)

[AndyOrch]

Ok Andy thanks i appriciate your honestesty i will accept it:(it just was not my day was it:( i will have to wait for the sols to send me what the are asking instalments if i don agree the judge did say i will have to make an application to him to look at my fiancial affairs they can only have what i can afford in the end thanks once again:)

 

I know i have stated this many times before but just in reference to your day in court Dora

Whilst Litigants in Person are supposed to have equal access to justice, regardless of whether they are the Claimant or Defendant in a case-that's the ideal, however in reality......!Unless a person can and does argue vehemently about the validity of an agreement and/or Default Notice, as far as the Judge is concerned, the debt is owed and he wants you out of his Court asap, because he is pressed for time! Not right, not fair, but that's how the system regrettably operates!You was lucky yesterday that you did get a DJ willing to listen to your argument and give that benefit.(to a point)

 

The fundamental arguments to raise in Court, both to get the Judge's attention and to make 100% sure the case goes your way, is to argue that the credit agreement is invalid,executed correctly and of course the invalidity of any DN which gives them no legal right to collect the debt. Unlawful charges are of course important, but a secondary issue.

 

I admire your strength in dealing with the Judge yesterday, however, I don't think you seazed the opportunity to gain the best and most advantageous point to secure a win. The plain fact is, if a party to a case believes that they will gain an advantage by lying, they will, simple as that! It should make you twice as determined to win the case on the facts, rather than stooping to their level! You cannot stop another party behaving in a particular way, be that lies, or whatever else-but you can make sure that your case is watertight and that you are prepared for what Judges, Solicitors & Barristers will throw at you!

 

Chin up Dora you lost that battle but you wont lose the war.

 

 

Regards

 

Andy

[Dorabell]

I know i have stated this many times before but just in reference to your day in court Dora

Whilst Litigants in Person are supposed to have equal access to justice, regardless of whether they are the Claimant or Defendant in a case-that's the ideal, however in reality......!Unless a person can and does argue vehemently about the validity of an agreement and/or Default Notice, as far as the Judge is concerned, the debt is owed and he wants you out of his Court asap, because he is pressed for time! Not right, not fair, but that's how the system regrettably operates!You was lucky yesterday that you did get a DJ willing to listen to your argument and give that benefit.(to a point)

 

The fundamental arguments to raise in Court, both to get the Judge's attention and to make 100% sure the case goes your way, is to argue that the credit agreement is invalid,executed correctly and of course the invalidity of any DN which gives them no legal right to collect the debt. Unlawful charges are of course important, but a secondary issue.

 

I admire your strength in dealing with the Judge yesterday, however, I don't think you seazed the opportunity to gain the best and most advantageous point to secure a win. The plain fact is, if a party to a case believes that they will gain an advantage by lying, they will, simple as that! It should make you twice as determined to win the case on the facts, rather than stooping to their level! You cannot stop another party behaving in a particular way, be that lies, or whatever else-but you can make sure that your case is watertight and that you are prepared for what Judges, Solicitors & Barristers will throw at you!

 

Chin up Dora you lost that battle but you wont lose the war.

 

 

Regards

 

Andy

 

Thanks Andy do keep in touch:)

[Desperate Daniella]

Andy, if Dora decided to appeal surely the DN ignored by the judge might be grounds on its own, let alone the prescribed terms being missing?

 

(If you have the inclination for it, Dora).

 

DDxx

[cymruambyth]

Dora, vell sorry to hear about the result. You have my best wishes for any further actions that you may take.

C

[Dorabell]

Hi Dora if you are going to accept the Judgement then you need to think about payment arrangements.Unless you apply for a redetermination then payment will be forthwith 28days.If however you require time to pay you need to download the N245 which will cost a further £35.00.

Your thoughts?

 

Regards

 

Andy

 

Hi andy i have received my N24 form today payable in 21days i cannot possibly do this, is it the n245 i have to send to the court to apply time to pay do

[AndyOrch]

Hi andy i have received my N24 form today payable in 21days i cannot possibly do this, is it the n245 i have to send to the court to apply time to pay do

 

 

Hi Dora I trust you are well;)

 

It most certainly is the fee is £35.00 I believe.

 

Regards

 

Andy

[Dorabell]

Hi Dora I trust you are well;)

 

It most certainly is the fee is £35.00 I believe.

 

Regards

 

Andy

 

Thanks Andy not to bad:) just hope the judge will consider the time to pay

[AndyOrch]

They have to, what you havent got you cant pay,be honest when you submit the I&E and only make an offer that you can stick to confortably.The Climant does have the right to reject the offer but if it cant be agreed then the DJ will make the final decision.

 

Regards

 

Andy

[Dorabell]

They have to, what you havent got you cant pay,be honest when you submit the I&E and only make an offer that you can stick to confortably.The Climant does have the right to reject the offer but if it cant be agreed then the DJ will make the final decision.

 

Regards

 

Andy

Thanks Andy

[Dorabell]

Hi i received a b136 notice any advice please

[AndyOrch]

Hi Dora

 

The above notice B136(CO) is an official notice that someone who you owes money to, is applying to have a charging order (CO) placed against your title deeds, at the HM land registry, this ensures that when the house is sold, the creditor gets their money back from the acting Solicitor.

 

 

Andy

Edited December 8, 2009 by Andyorch

[Dorabell]

Hi andy nice to here from you:)i have read the form is what to do? my hubby has had one aswell i feel terrible has this debt is mine and not my hubbys

[AndyOrch]

You may possibly be able to do something about this. If the house is in joint names, your partner has the right to tell the court all the circumstances and be given an opportunity to go to the hearing to put his points forward. For example:

• Who paid for the deposit to buy the home?
  
• Who has made the mortgage payments since?
  
• If there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up.
  
• The co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.
  

He will need to put a case forward and maybe have documentary evidence that he paid for the deposit/paid for the mortgage etc.

If a charging order is made by the court, then it will hopefully only apply to the other hlaf's share of the property.

 

Andy