72k in debt....I feel sick

hardworking_bob

Hi mmd,

I really hope that you get some joy on the back of some terrific advice that 10past6 has given you. Keep doing what you are doing and keep your chin up. I hope it all works out....and bump!

Rob

moneymeltdown

10past6 wrote: »

You apply to have it set aside on the basis they've not given you sufficent time.

hi 10past6 i have already applied to have the SD set aside so I was just wondering what i need to prepare for the hearing?

stressedgirl_2

money melt down - my debts aren't as bad as yours but they're are still a disaster for me!!!I have moments of total panic too but I have been on a DMP for nearly a year now and am slowly paying off my debts. I hate the situation I am in and the uncertaintly as to how my creditors might next behave - I dread them 'turning' on me at some point, but I tell myself i have to take one day at a time.

the worst thing for me is that my oh doesn't know. although I take full responsiblity for our debts we are not happily married, which hasn't helped. hopefully you are in a better situation and if you can talk to your partner and show he/she that their is light at the end of the tunnel that must help. really hope it works out for you - keep posting!

10past6

moneymeltdown wrote: »

I was just wondering what i need to prepare for the hearing?

Hi MMD

You need to prepare a defence.

That defence needs to be in your own words why you feel the judgement should be set aside.

Your defence could be based a number of factors, faulty default notice, no CCA agreement supplied, insufficent time to create a defence,. etc,.

moneymeltdown

10past6 wrote: »

Hi MMD

You need to prepare a defence.

That defence needs to be in your own words why you feel the judgement should be set aside.

Your defence could be based a number of factors, faulty default notice, no CCA agreement supplied, insufficent time to create a defence,. etc,.

thankyou for your advice...am preparing all this now. the hearing will only be 15 mins long.

am i right in thinking that the non-supply of a valid cca agreement is reason enough for this debt to be unenforceable in court? also,will i need a lawyer to attend with me?

10past6

moneymeltdown wrote: »

the hearing will only be 15 mins long. ?

Don't worry about the timing, if it takes an hour so be it, this is YOUR chance to prove your case.

moneymeltdown wrote: »

am i right in thinking that the non-supply of a valid cca agreement is reason enough for this debt to be unenforceable in court? ?

Yes, the onus is on them to prove the debt is enforceable, what I suggest you do, print off the legislation that states, if no CCA is available / enforcable they CANNOT enforce the debt.

*some judeges need reminding of legislation, don't take it for granted the judge will be up to date with consumer law*.

moneymeltdown wrote: »

also,will i need a lawyer to attend with me?

No, providing you have the current legislation, correct paperwork showing everything you've done / requested since the start of this claim, you should be OK.

10past6

I forgot, did you receive a default notice?

moneymeltdown

10past6 wrote: »

I forgot, did you receive a default notice?

I can't remember off the top of my head but will check all correspondence tonight after work and let you know. does this make a difference?

10past6

moneymeltdown wrote: »

does this make a difference?

Yes, it makes a huge difference, it MUST comply with legislation in the correct format, one mistake and it bosh, case dismissed.

moneymeltdown

10past6 wrote: »

Yes, it makes a huge difference, it MUST comply with legislation in the correct format, one mistake and it bosh, case dismissed.

ok i will let you know later tonight what the default notice is all about..thankyou!