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need help with witness statement
shamay
Posts: 1 Newbie
Hi guys sorry this is a bit long winded,
In september 2008 we had a final charging order put on our house, this is due to a defaulted credit card and we didnt defend the judgment at all. T he debt is for £11,000 originally with MBNA then bought by Arrow Global. We offered to pay£50.00 per month but they just kept refusing.
Then on 31st Dec 2008 a Statutory Demand was served on my husband so we applied to have it Setaside on the frounds that the debt has now been turned into a secured debt, but at the court hearing in feb the other sides agent said that Arrow Global would give up the right to the charge ig should bankrupcy ever be given.
The judge ordered that another amended SD could be served which we received last week. We also need to provide a witness statement.
We have got about £65,000 of equity in our property after mortgage and other charges etc.
So is it that the witness statement needs to bethe written proof of available equity etc etc so that i can use the same sataside reason as before.
Also they have failed to provide a cca AND ALSO THE DEFAULT NOTICE AND NOTICE OF ASSIGNMENT.
In september 2008 we had a final charging order put on our house, this is due to a defaulted credit card and we didnt defend the judgment at all. T he debt is for £11,000 originally with MBNA then bought by Arrow Global. We offered to pay£50.00 per month but they just kept refusing.
Then on 31st Dec 2008 a Statutory Demand was served on my husband so we applied to have it Setaside on the frounds that the debt has now been turned into a secured debt, but at the court hearing in feb the other sides agent said that Arrow Global would give up the right to the charge ig should bankrupcy ever be given.
The judge ordered that another amended SD could be served which we received last week. We also need to provide a witness statement.
We have got about £65,000 of equity in our property after mortgage and other charges etc.
So is it that the witness statement needs to bethe written proof of available equity etc etc so that i can use the same sataside reason as before.
Also they have failed to provide a cca AND ALSO THE DEFAULT NOTICE AND NOTICE OF ASSIGNMENT.
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Comments
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I didn't want to read and run, and I hope someone comes a long who can answer your question
But can you phone up the court and ask them what you should be putting?
chevI want a job that is less than an hour driving away from my house! Are you listening universe?
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Hi
Did you receive a termination letter and default letter?
Can you scan them and post them up here or on flickr and pm 10past6, who can tell you if they are valid.
At least one OP has successfully challenged the default letter in a similiar case on his/her advice.If you've have not made a mistake, you've made nothing0 -
Is this an interim charging order, or FINAL charging order?In september 2008 we had a final charging order put on our house
There's a hearing before it being made final
Can I enquire why not?we didnt defend the judgment at all
Did you apply for a redetermination hearing?We offered to pay£50.00 per month but they just kept refusing
How was this served, by hand or post?Then on 31st Dec 2008 a Statutory Demand was served on my husband
Why was another SD served?The judge ordered that another amended SD could be served which we received last week
Do you have the default notice & terminatin letter?
When did Arrow taken over the account?
Who was you paying, up to the point of receiving the court claim re the Charging order?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0
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