Another court case - hearing on the 24th August..HELP!

[pt2537]

Re: Another court case - hearing on the 24th August..HELP!

there are two different things here,

1 is the recon default notice

2 is the true copy.

A recon is worthless, but a true copy is not

[zhanzhibar]

Re: Another court case - hearing on the 24th August..HELP!

there are two different things here,

1 is the recon default notice

2 is the true copy.

A recon is worthless, but a true copy is not

Hi PT

have to say I am not sure what you mean here. Could you elaborate please?

CL Finance state as per note 5 of their WS (in post 95 here) that they are allowed under Carey v HSBC to provide a recon DN. I believe its not a true copy as they admitted that there are discrepancies (the date, account number & telephone number) between the one they supplied to me in post 4 on this thread & the original one I discovered post 20 on this thread.

Thought i put them up again here.

This is the one they submit with their WS in our 1st meeting on the 24th August


This is the one I received from them:

[middenmess]

Re: Another court case - hearing on the 24th August..HELP!

there are two different things here,

1 is the recon default notice

2 is the true copy.

A recon is worthless, but a true copy is not

I understood the D/N in post 4 to be the original and the other one to be the recon D/N?

[zhanzhibar]

Re: Another court case - hearing on the 24th August..HELP!

I understood the D/N in post 4 to be the original and the other one to be the recon D/N?

It's the other way around actually

[zhanzhibar]

Re: Another court case - hearing on the 24th August..HELP!

PT,

whilst you are here, I am thinking of going to nail them so to speak using Section 51. What do you think? The OFT report amethsyt gave me (post 80) that I 've included in my amended defense stated that the OFT seem to think that this changing store card to credit card without cardholder agreeing to it is unfair but only court can determine whether its unfair or not. But Section 51 prohibit unsolicited credit token?

[middenmess]

Re: Another court case - hearing on the 24th August..HELP!

It's the other way around actually

I was just following what you told me in response to my question...

''Can you post up the D/N--or point me to it--that you supplied them with which they say is fully compliant?''

[zhanzhibar]

Re: Another court case - hearing on the 24th August..HELP!

Owh..sorry MM, I misunderstood ur request..duhh Zhan..:tinysmile_grin_t:

I have just been reading their supplementary witness statement which they sent to me on 1st October although dated 21st Sep.. ( I think they tried to be clever but end up looking stupid when they signed the supp WS on the 1st October...)
Point 2 of that supp WS actually stated that the DN they submit is a reconstituted DN and that the recon is incorrect DN!

[Amethyst]

Re: Another court case - hearing on the 24th August..HELP!

sorry missed you in shout at lunch, hope things keep going okay this afternoon zhan xx thinking of you.

[zhanzhibar]

Re: Another court case - hearing on the 24th August..HELP!

After 4 1/2hours from 12 to 4.30 and £8 parking charges later and the outcome of that is I lost based on these points:

1) Following on from all that was given in fron tof him inc the OFT report, even though the evidence was not in brought intio the court, the judge is satisfied that GE capital has followed as what is agreed with OFT and hence determined that the change between store card to credit card is merely a VARIATION in agreement and not a MODIFYING agreement and therefore the store card agreement stands.

2) The date not specified in DN is of deemed to be deminimus and the case of woodchester i.e being the wrong amount is not the same at all with the my case and hence the DN stands

3) the assignment is deemed to be equitable assignment and hence the assignment stand.

[middenmess]

Re: Another court case - hearing on the 24th August..HELP!

After 4 1/2hours from 12 to 4.30 and £8 parking charges later and the outcome of that is I lost based on these points:

1) Following on from all that was given in fron tof him inc the OFT report, even though the evidence was not in brought intio the court, the judge is satisfied that GE capital has followed as what is agreed with OFT and hence determined that the change between store card to credit card is merely a VARIATION in agreement and not a MODIFYING agreement and therefore the store card agreement stands.

2) The date not specified in DN is of deemed to be deminimus and the case of woodchester i.e being the wrong amount is not the same at all with the my case and hence the DN stands

3) the assignment is deemed to be equitable assignment and hence the assignment stand.

Am I right in thinking that it was just CL Finance that took you to court?--because if so....

Equitable assignment


Fulltext
Print view
Related
Equitable assignment. An assignment (www.practicallaw.com/A35863) which does not fulfil the statutory criteria for a legal assignment (www.practicallaw.com/A36342). An equitable assignment may be made in one of two ways:

• The assignor can inform the assignee that he transfers a right or rights to him.
• The assignor can instruct the other party or parties to the agreement to discharge their obligation to the assignee instead of the assignor.

Only the benefit of an agreement may be assigned. There is no requirement for written notice to be given or received. The only significant difference between a legal assignment and an equitable assignment is that an equitable assignee often cannot bring an action in its own name against the third party contractor, but must fall back on the rules governing equitable assignments and join the assignor as party to the action.




Should this have applied in your case as it has been ruled to be an equitable assignment?

[zhanzhibar]

Re: Another court case - hearing on the 24th August..HELP!

I did ask this to the judge that I believe an equitable assignment means that the claimant cannot take me to court. Can't actually remember what the judge said but since he has already made a decision & by this time its already 4.30 and I have been in court since 12, I just shut up. The judge did say that I could appeal his decision and asked whether I want to appeal, I said I can't actually think at that moment whether to appeal or not.

[Amethyst]

Re: Another court case - hearing on the 24th August..HELP!

((((((((((((((((hug)))))))))))))))))))))) you definately gave it your best shot hun, well done.

Whats the situation with the debt now ? costs etc ?

[zhanzhibar]

Re: Another court case - hearing on the 24th August..HELP!

What gets me is that even though he hasn't got the hard evidence in front of him, i didn't expect him to rely on OFT report in his judgment. I thought the burden of proof lies on Claimant. Using the OFT report the judge deemed that the variation of the agreement is fair !! Had this sinking feeling that I probably shot myself with the OFT report.

[Amethyst]

Re: Another court case - hearing on the 24th August..HELP!

Probably hun. When we looked at it originally we said if they showed it to the court they'd get off with it as it shows they complied with the FSA undertaking after then. Swings and roundabouts these days in court isnt it. Shame you didnt get the credit hating judge we hoped for . What happened with the DN stuff ?

[zhanzhibar]

Re: Another court case - hearing on the 24th August..HELP!

((((((((((((((((hug)))))))))))))))))))))) you definately gave it your best shot hun, well done.

Whats the situation with the debt now ? costs etc ?

thanks.. feel a bit depressed now.

The claimant actually wants the case to be adjourned again due to the fact that I raised so many issues but I said to the court that thhey were supposed to reply to my amended defense & they didn't. The request was refused.

It doesn't help that the judge was also being appraised by his senior sitting at the back. He did tell me that although this case went against me my preparation has helped him tremendously in his judgemnent and that it was excellent and put shame to what some lawyers put through...not that it helped me a lot did it!!!


Costs wise they didn't persue the interest so it will be £1,429 plus £100 of hearing costs +£80 +£65 i think ...

I am not sure what to do next as this is the 1st time I lost. the agent told me to get & put application come Monday( its nearly 4.45 by this time so court office already closed ) and proposed an installment payment if I can't afford the whole... If i can afford the whiole amount I won't be here!!! As per judge said he told me to do this withn the next 28 days..

If I pay instalment, does that means I get CCJ then?