Unenforceability & Template Letters III

10past6

shed_head wrote: »

Could they move it to the court in my home town?

Yes

shed_head wrote: »

What is consumer legislation?

credit agreement, have you made a CCA request prior to the court claim?

the case I referred to above took 12 months to reach a conclusion involving numerous court attendances / case preparation for each hearing, etc., etc., it's very time-consuming.

As for the PPI issue, you can raise a dispute for miss selling PPI, this will NOT stop the court claim, only delay it.

never-in-doubt

10past6 wrote: »

I've asked the member to update their thread, it's not for me to update it

Thanks for the PM mate - I did see the thread - you clever sod aren't you..... hehe... you won that case so stop being so modest mate and bloody well done to you as well :T:T

Now you know why the banks hate us, imagine if we set up shop :eek::eek:

jammin wrote: »

Can the rest of us know what this relates to?

I'm sure posting the link to the thread is not an issue, but that is up to the OP or 10past6 - I guess if you search his previous posts you may stumble upon the thread....

never-in-doubt

shed_head wrote: »

Hay I am the person who buried their head in the sand and hoped it would all go away!!!

I am on a fast learning curve...

Although feeling a little sick with fear again at this point.

Don't feel sick with fear, you've got some good help around....

You do, however need to make a hard decision. As described above by my mate 10past6.... good luck, you will need it (along with determination). I am actually against going to court when speaking unenforceability, moreso cos the judges are clueless... but and this is a big but, I know i'd win if I did go to court, as I am sure 10past6 would but unfortunately we would not be allowed to go and do it for you.... LiP's are ripped to shreds at the best!

jammin_2

10past6 wrote: »

I've asked the member to update their thread, it's not for me to update it

never-in-doubt wrote: »

I'm sure posting the link to the thread is not an issue, but that is up to the OP or 10past6 - I guess if you search his previous posts you may stumble upon the thread....

Ok, I just don't see the point of replying to a PM on-thread.

shed_head_2

credit agreement, have you made a CCA request prior to the court claim?

Like I said a steep learning curve
Everything was doing great till my DP lost his overtime last feb, then the direct debits bounced, then the bank charges meant we could not pay all the bills. this went on till oct. Now we have four CC's with payments being met although in a months arrears. Four CC's being chased. Cap one sent court papers to me just as I was getting back on my feet and getting a grip of the situation. Thinking I ought to send CCA requests to the others just for a look see what they hold on us.

the case I referred to above took 12 months to reach a conclusion involving numerous court attendances / case preparation for each hearing, etc., etc., it's very time-consuming.

I took a job in Jan as a full time teacher, I have three kids and time is something that is in short supply. However if it is at local court it will be less time consuming as I will not have to travel, also whilst at this point I feel very naive I am generally a quick learner.

As for the PPI issue, you can raise a dispute for miss selling PPI, this will NOT stop the court claim, only delay it.

I am thinking delay may be a good thing as it will allow me time to learn the stuff I need to know. Or allow me time to free up some funds. A ccj at this point would not be great as our mortgage is on a fixed rate that will be finished oct 2011. We are hoping that we will be able to take out extra funds them to consolidate everything we owe. Although after the reading I have been oing on the forum during the last few days is anything to go by I think that may not be such a good plan.

Mums Taxi is wanted, so I will have to go!

Shed

10past6

jammin wrote: »

Ok, I just don't see the point of replying to a PM on-thread.

Stop nit picking :mad: :mad:

If you've got an issue we can assit with you've only got to ask

never-in-doubt

jammin wrote: »

Ok, I just don't see the point of replying to a PM on-thread.

What have I told you about asking too many bloody questions :rotfl::rotfl:

lol

10past6

shed_head wrote: »

Mums Taxi is wanted, so I will have to go!

You have 3 options

Admit the claim = CCJ

Dispute the claim = amount claimed reassessed = CCJ

Deny the claim = fight the claim to the end.

shed_head_2

Just wanted to say a very huge thank you to 10past6 and NID,

Whilst I still feel sick; and I do genuinly mean physically sick, it all feels like I have options.

I really appreciate the time you have put in to advise me.

Going to bed now casue my head hurts and I need to hink with a clear head.

Shed
that should be think!

jammin_2

10past6 wrote: »

Stop nit picking :mad: :mad:

If you've got an issue we can assit with you've only got to ask

I haven't. Is that what you think this forum is about? A question and answer session between debt-dodgers and experts, everyone else has to keep their mouth shut? I'm not criticising what you're doing, but if you're going to help people free themselves of debt by posting advice in to the public domain, at least do it in a way which makes sense.

Also, it's not nit-picking, it's common sense. Someone sends you a PM, you reply to it via PM. Simples.

If, however, you choose instead to reply on-thread, in a way which makes sense to everyone else, fine. You didn't though. That's all I'm saying. No need to be so sensitive.