Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

[Ihaterbs]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

There was a similar case heard in Sheffield County Court in April. (multi track). The defendant won, arrears up to the date of claim were awarded to the Claimant ONLY as the default notice was invalid due to postage issues.

Have you written up a skeleton arrgument for today?

[Prism]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

There was a similar case heard in Sheffield County Court in April. (multi track). The defendant won, arrears up to the date of claim were awarded to the Claimant ONLY as the default notice was invalid due to postage issues.

Have you written up a skeleton arrgument for today?

Thanks buddy

I have not written up a skeleton argument of such. I have printed the legislation of section 88 of the CCA and the postal legislation above and hope to convince the judge.

have you got any info on the case in April. I have 30 minutes before I leave!! lol.
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Hi Prism

Good luck for your hearing today.

Can you please give us the link to your MSE thread and also advise which CMC?

Tuttsi

Hi Tuttsi,

The CMC is CYD Insurance Services LTD. The MOJ have taken away their authority. You may recall you assisted me with them in a thread last month.

With regards to the MSE thread, I contacted a well known forummer via PM who referred me to a CCJ guru. It was all done via PM. Fair play for him/her to help me but the advice appears incorrect but the outcome is still the same. It appears that the lender has not complied with the DN only if the judge accepts that it was send second class post giving me 4 working days before adding 14 calendar days.

[MIKE770]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

Thanks buddy

I have not written up a skeleton argument of such. I have printed the legislation of section 88 of the CCA and the postal legislation above and hope to convince the judge.

have you got any info on the case in April. I have 30 minutes before I leave!! lol.
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Hi Tuttsi,

The CMC is CYD Insurance Services LTD. The MOJ have taken away their authority. You may recall you assisted me with them in a thread last month.

With regards to the MSE thread, I contacted a well known forummer via PM who referred me to a CCJ guru. It was all done via PM. Fair play for him/her to help me but the advice appears incorrect but the outcome is still the same. It appears that the lender has not complied with the DN only if the judge accepts that it was send second class post giving me 4 working days before adding 14 calendar days.

NOTE: - 14 Working Days as per Item 2: Practice Directions - 2.(b) as such reads: -

"Working Days" Re: "Working Days" are Monday to Friday, excluding bank holiday.


As Per: - 8 March 1985 BY J R BICKFORD SMITH Senior Master, Queens Bench Division. w.e.f. 16 April 1985.

[MIKE770]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

What happened to-day???? update?

[Prism]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

Mike770,

Thankyou for asking. We lost. The judge was not even interested to hear a bout my new defence. Partially my fault.

Quite gutted. Will update fully later on tonight.

Thanks again for asking

[QCKate]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

Really sorry to hear your outcome.

QCK

[TUTTSI]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

Hi Prism

I was really saddened to hear the outcome.

Please post up latter exactly what went wrong and is there any way forward for you to continue?

Also, what is happening with CYD?

Tuttsi

[Prism]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

Thanks everybody for your support!

A bit of background:

I used a claims management company. They advised me to stop payments to lender for personal loan as the account was in dispute. They claimed that they would deal with it. The lender then started court proceedings to recover their money.

I forwarded all court correspondence to the claims management company. They sent a defence to the lender's solicitor which I have never actually seen.

The lender sent a reply to the defence stating that the claims management company had no right act as solicitors and that the lender had an enforceable agreement contrary to what the claims management company stating otherwise.

The claims management company assured me that they would reply to the lender's solictors so I left it in their hands. The claims management company then stopped trading shortly afterwards and failed to send a reply.

I became aware of this when I was issued a default judgement by the county court and could not get hold of the CMC.

I lodged a complaint with the MOJ but they appear to be toothless tigers. The MOJ have since taken away the CMC's authority.

I completed a form N244 and to have the judgement set aside as I felt I was misrepresented by the CMC as they failed to send a letter to the lender's solicitor's hence the default judgement. I was successful and got a court date for yesterday!

In my form N244 I stated that I believed that I had a full defence to the claimant as they had failed to provide me with an enforceable agreement. I did so as I was unaware whether the lender had provided my CMC with a CCA or not.

Whilst waiting for yesterday'c court date, the lender sent me a copy of the CCA and it seemed to have all the presribed terms and was enforceable.

I then discovered that the default notice was possibly out by two days hence this thread and decided to base my defence around this. I went for it as I felt we had nothing to lose, the default judgement was already awarded.

Whist in court with my mother, I was her lay representative as it was a joint loan but she was the person who had proceedings against her and not me. The judge was not interested in any defence regarding the default notice. I was as charming and Hugh Grant as possible! The judge said she did not have one hour to waste to check whether my claim of the default notice being faulty was true or not. She also said it made no difference as I should of informed the lender's solicitor prior to coming to court and was adamant she would not see it.

The judge said that my defence would be based upon what my CMC sent to the lender. I protested that it was wrong as the CMC has never sent me a copy of my own defence and I was unaware of its content, hence the judgement being set aside.

The judge had a written copy of our authority for the CMC to act on our behalf. This was smugly supplied by the lender's solicitor. The judge then said tough and that it was my defence because I authorised the CMC despite me protesting the I lodged a complaint against the MOJ regarding their conduct. The judge said that it was a matter between me and the CMC!

At this point I was told the nature of my defence that was sent to the CMC. Please bare in mind that this was the first time that I had heard or seen it. My CMC put my defence that the lender failed to inclusde the interest rate on the CCA. Well guess what:- The interest rate was clear in massive bold letters on the CCA. The CMC are the height of incompetency.

I lost the case. The judge awarded an extra £250 costs. In total we have £6500 to pay. I may be able to muster the amount from family to pay off in full. I believe that if it is done within 30 days then the CCJ can be removed?

Does anybody know whether the final amount can be negotiated? Can I put in an offer to the solicitor or lenders or is is too late as they have secured the full amount via a CCJ?

With regards to the CMC. The incompetent ******* sent an incorrect defence when the interest rates were staring you in the face. Me and my mother also paid them in total £2500 in advance. (yes, yes stupidity but we were desperate at the time)

The above is long and thanks in advance for reading. Any discussion, advice appreciated on full and final settlement and suing the CMC etc and any other thoughts as I am in a similar boat again next month. More to follow!

[Guest]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

If the CMC have ceased trading, they who or what are you going to sue?

Now that a judgment has been granted, you have no wriggle room left to negotiate a lower figure, although if you do pay it before 30 days have elapsed, no record will appear of the fact that a judgment was awarded.

It is up to you to control a case such as this, you should have been in possession of the documents in advance of the hearing and ideally they should have been sent to the court and to the other party at least fourteen days prior to any hearing.

On your N244 you stated that you believed you had a full defence to the claim although this later turned out to be incorrect. Given that this was the case and as above, you did not provide the court or the lender with details of your revised defence, I think you got off lightly.

[righty]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

Your HR were ignored (article 6) & you could appeal however you would still have to have a case you could win. Notwithstanding the foregoing was any law firm involved (even remotely) with the CMC?

AND even if your not appealing I would still complain about the judges behaviour

[TUTTSI]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

Just a thought Prism, I just wonder if CYD had taken out a professional indemnity insurance? If so it may be possible to claim on this if you could find this information out?

Write to their registered office address which you will find at companies house.

[Prism]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

If the CMC have ceased trading, they who or what are you going to sue?

Now that a judgment has been granted, you have no wriggle room left to negotiate a lower figure, although if you do pay it before 30 days have elapsed, no record will appear of the fact that a judgment was awarded.

It is up to you to control a case such as this, you should have been in possession of the documents in advance of the hearing and ideally they should have been sent to the court and to the other party at least fourteen days prior to any hearing.

On your N244 you stated that you believed you had a full defence to the claim although this later turned out to be incorrect. Given that this was the case and as above, you did not provide the court or the lender with details of your revised defence, I think you got off lightly.

Cetelco

Thanks for your comments

I did have a defence, but it was my fault that I did not present it properly and follow the correct process.

I accept I was at fault and have definitely learnt from it.
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Your HR were ignored (article 6) & you could appeal however you would still have to have a case you could win. Notwithstanding the foregoing was any law firm involved (even remotely) with the CMC?

AND even if your not appealing I would still complain about the judges behaviour

Thanks for your comments.

Can you elaborate on the HR and the appeals process? Do you know of any succesful cases?

I have no idea whether a law firm was actually involved with the CMC. I have not even seen my own defence and who signed or wrote it!
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Just a thought Prism, I just wonder if CYD had taken out a professional indemnity insurance? If so it may be possible to claim on this if you could find this information out?

Write to their registered office address which you will find at companies house.

CYD insurance services ltd are still shown as active on companies house and have a new registered address. Their third address in the last two months! How do I know whether it is the liquidators?

CYD did not even respond to my last letter! Is this insurance mandatory for
CMC's?

[TUTTSI]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

I would like to think that CMC's who are undertaking this type of legal work should avail thenselves of this type of insurance. Whether it is obligatory I should not think it is unfortunately, but believe strogly that it should be manatory and therefore you should write a letter to the MOJ asking this very question?

Whatever the address is being shown for CYD on Companies House this is the address to write to them which is at their registered office whether it is for the liquidators or not.

If it were the liquidators then they would know if they had this type of insurance cover or not and what the state of play is.

Tuttsi

CYD insurance services ltd are still shown as active on companies house and have a new registered address. Their third address in the last two months! How do I know whether it is the liquidators?

CYD did not even respond to my last letter! Is this insurance mandatory for
CMC's?

[Guest]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

HI
Which CMC awas it if you dont mind me asking.
These scumbaggs dont usually have any insurance.
Do you have the Details of the CMC, Business address directors etc..

You can make a claim against an individual rather than the company as a whole, providing that person (the director) lives at one of the addresses registered for the company.

Peter

[Amethyst]

Re: Hearing tomorrow 13/7/10 for personal loan - Need urgent help please

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