Helmsman UE Diary

[Paul.]

Re: Helmsman UE Diary

Getting relief from sanctions is much harder also, cases such as Mannion v Ginty (pre Jackson reforms) laid down the frame work which was going to be applied post April this year.

You will face a very high bar now if you try to challenge the judgment I fear, cases such as Venulum and the early case of Regency Rolls v Carnell show that the Courts are slow to allow relief from sanctions where there has been delay.

Of course that said if the amount is wrong then they need to explain why

[ATW]

Re: Helmsman UE Diary

As a starter have you spoken to the judgment creditor and shown them what info you have to see what they say about it. You need to identify where the discrepancy has come from and why it was not taken into account when the judgment was requested. They may have some info that fills the gap and shows that the £24k is correct. It needs to be checked. Its a big descrepancy. I understand that it was a default judgmnent but that it was from several years ago.

[helmsman]

Re: Helmsman UE Diary

Hi,
Here is one for Andrew or Paul, if you are taken to court and a ccj is awarded for £24000 and you accept the decision (because you were not a member of AAD at the time) then a few years later you can prove you only owed say £16000 is their a case to have it reviewed by a court as obviously the creditor fraudulently stated the amount that was owed. hope that makes sense.
Helmsman

[helmsman]

Re: Helmsman UE Diary

HI,
Well it has arrived £500 limit will use it sensibly niddy how are you on 2013 agreements? (just joking).

Limit raised to £1000 we are good customers and always pay on time.

[cardiac arrest]

Re: Helmsman UE Diary

this letter finishes with ' averred and unlawful and vexacious'', should it be averred AS unlawful etc ... ?

[helmsman]

Re: Helmsman UE Diary

I'd be sending this if it were me--->CCA Query - Missing Prescribed Terms

Thanks Deepie will send it off in the next few days as they gave me 2 weeks to make an offer.
Thanks again.

[Deepie]

Re: Helmsman UE Diary

Hi Niddy and Mods,
Have received from Capquest same form as received 2 years ago you deemed this UE as not directly linked to any terms. Can you suggest the template I should send to Capuest. this time.
Many thanks
Helmsman.

I'd be sending this if it were me--->CCA Query - Missing Prescribed Terms

[helmsman]

Re: Helmsman UE Diary

Halifax CC
pre 2006
£
pre 2007
arrangement
defaulted
DCA
CCA REQUESTED 04/10/2010 SB 11/16
letter moorcroft 14/10/2010 account on hold req to halifax cca. received cca 09/12/2010 sent to niddy for verification. niddy says its UNENFORCEABLE not directly linked to any terms
cca query letter sent to moorcroft dca 13/12/2010
LETTER CAPQUEST 6/1/11 ASKING FOR PAYMENT HAVE TAKEN OVER ACCOUNT.
Letter hl legal 31/1/11 pay by 9/2/11 or may take to court.
threat of litigation letter sent 2/2/11
letter today from capquest closing account on system as did not know of existing query 10/2/11
letter robinson way 26/4/11 have taken over from capquest, pay up this debt will not go away may take legal action ect. 3rd dca.
letter rob way will go to court if dont pay 10 days letter dated 21/4/11.
threat of litigation letter sent 3/5/11 to rob way SD.
letter 9/5/11 from rob way account on delay as I requested a copy of the agreement NO it WAS threat of litigation I sent.
letter rob way still awaiting a response from client concerned and have reminded them query outstanding will let me know outcome. (HOW KIND BUT PLEASE DONT RUSH). 15/6/11
1/7/11 rob way have sent a new set of terms up to date,
30/7/11 letter rob way no response from hbos as yet will let us know asap (dont rush)
IQOR on the case acc sold whilst in dispute sent 27/8/11.
Iqor 26/9/11 you raised a dispute we are requesting docs from Halifax on hold at this time.
Letter 3/4/12 from Halifax statement no % or charges being added. (how nice to keep me informed and not ask for money).
17/8/12 acc given to westcot to collect will await contact.
Letter westcot dated 24/8 rec 31/8 payup acc sold whils in dispute on its way.3/9/12
Letter Westcot dated 7/9/12 you have raised a query acc on hold whilst they investigate.
Letter Westcot 10/12/12 sent application form pay up.
Sent to Westcot 15/10 application form received.
Letter from Westcot you have raised a query 24/10/12 acc on hold whilst requesting docs.(5th dca)
Letter from Capquest 22/7/13 Halifax has sold acc to capquest investments ltd please pay NO.
Sent to Crapquest 24/7/13 copies of previous correspondence + 1 liner referring them to previous.
Letter from Capquest 1/8/13 looking into letter sent
Letter from Capquest 9/9/13 statements up to 2008
Letter Capquest 23/9/13 will send agreement soon Halifax have sent agreements before.
Letter from Capquest enclosing application form pay up. 22/10/13.

Hi Niddy and Mods,
Have received from Capquest same form as received 2 years ago you deemed this UE as not directly linked to any terms. Can you suggest the template I should send to Capuest. this time.
Many thanks
Helmsman.

[helmsman]

Re: Helmsman UE Diary

The SWID is in the unenforceability - Section 3 - Additional Requests to Comply...just in case you need it again

HaHa I have found it, but it use to be so easy to find the template needed.
Thanks again

[Pixie]

Re: Helmsman UE Diary

The SWID is in the unenforceability - Section 3 - Additional Requests to Comply...just in case you need it again

[helmsman]

Re: Helmsman UE Diary

If you need any template letters click on the Templates tab at the top of the page...they're all there

Hi Pixie,
Believe me I went through them, all still could not find the one I wanted, I accept I am useless but as usual someone put me on the right track, thanks again.

[Pixie]

Re: Helmsman UE Diary

If you need any template letters click on the Templates tab at the top of the page...they're all there

[helmsman]

Re: Helmsman UE Diary

----> Account Sold whilst in Dispute

and no I haven't had a sex change.....

Hi,
Thanks Deepie I have been trawling through the diaries to find it onesteptofar has it but it wont let me access it so thanks again (there is nothing wrong with cross dressing so I hear)

[Deepie]

Re: Helmsman UE Diary

Hi Pixie,
Cant seem to find the swid template would you be kind enough to point me in the right direction.
Thanks

----> Account Sold whilst in Dispute

and no I haven't had a sex change.....

[helmsman]

Re: Helmsman UE Diary

Yes, I would go with the SWID letter.

Hi Pixie,
Cant seem to find the swid template would you be kind enough to point me in the right direction.
Thanks