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NOT THE BEST WITH A COMPUTER BUT GRATEFULL TO HAVE FOUND THIS SITE.STILL LOOKING AT VARIOUS THREADS BUT I AM IN PROCESS OF TRYING TO SET ASIDE COURT JUDGEMENT THAT WAS ISSUED 29TH DECEMBER,2010.
i WAS AMAZED TO RECEIVE JUDGEMENT AS I HAD ACKNOWLEDGED SERVICE VIA MONEYCLAIMS WEBSITE WHEN INITIALLY RECEIVED AND SUBSEQUENTLY COMPLETED A DEFENCE STATEMENT ON SUMMONS VIA THE INTERNET SITE-APPEARS THE DEFENCE NEVER REGISTERED ALBEIT IT SHOWED ON MY VIEW DEFENCE SUBMITTED-I WAS TOLD BY COURT WHEN PHONED THAT MY DEFENCE MUST HAVE STORED SOMEWHERE IN SYSTEM AND MY ONLY OPTON WAS TO REQUEST FOR JUDGEMENT TO BE SET ASIDE AND SEND RELEVENT £75 FEE.
THIS WAS 5TH JANUARY,2011 AND TYPICALLY I WAS LAID UP WITH FLU FOR LAST TWO WEEKS AND HAVE ALSO HAD PROBLEMS WITH MY INTERNET-NOW ALL SORTED SO FORMS IN PREPERATION OF BEING SENT TO NORTHAMPTON COURT TOMORROW.UNSURE TIMESCALE ALLOWED TO RETUND 244 FORMS AND NOTES DO NOT INDICATE TIMESCALE BUT I ASSUME I MUST BE CLOSE TO ANY END DATE FOR APPLYING.
MY ARGUMENT AGAINST SUMMONS/COURT ORDER IS THAT MY CREDIT CARD WITH MORGAN STANLEY WAS EFFECTED IN JULY 2001-ALL IN ORDER AND CREDIT LIMITS INCREASED FROM INITIAL FIGURE OF £4300 TO £5000 IN AUG 2002 AND SOMETIME BETWEEN THEN AND OCT 2006 THE CREDIT LIMIT INCREASED TO £5500 WITHOUT MY REQUEST.I UNDERSTAND THE CONSUMER CREDIT ACT HAS STRICT RULES FOR LENDERS TO COMPLY WITH WHERE INDICATIONS OF LOANS THAT MAY NOT BE UNENFORCEABLE ARE IF YOUR LENDER HAS INCREASED THE CREDIT LIMIT WITHOUT MY KNOWLEDGE-I AM UNSURE IF THE WAY IN WHICH MY LIMITS WERE INCREASED IS OF THE TYPE ADVISED JUST BECAUSE I DID NOT AGREE.
MY OTHER PROBLEMS WITH THIS AGREEMENT WAS THAT THE LAST STATEMENT RECEIVED WAS MARCH 2007 -IN JUNE 2007 I HAD LETTER FROM BCW GROUP IDENTIFYING O/S BALANCE AS £5150.89-AGREED £50 PER MTH INSTALMENTS AND ALSO UNDERSTOOD INTEREST TO BE FROZEN.PAYMENTS NMADEMONTHLY TO 27/03/2008-DURING INTERIM PERIOD LETTERS RECEVED FROM BCW/APEX MANAGEMENT LTD IDENTIFYING VARIOUS ARREARS-THESE WERE NOT ACCURATE BUT AS AT 7/12/2007 NOTICED ACCOUNT BALANCE INCREASED TO £5303.58-ON 21/12/2007 I SENT LETTER ASKING FOR UPTO DATE STATEMENT FROM MORGAN STANLEY AS NOTHING RECEIVED SINCE INSTALMENTS AGREED.REQUESTED COMPLETE BREAKDOWN OF PAYMENTS AND COSTS INCURRED.
ON 2/1/2008 LETTER FROM APEX CREDIT MANAGEMENT SHOWING ACCOUNT IN ARREARS BUT AC NOW AT O/S £5203.58.ON 12/2/2008 LETTER FROM APEX MANAGEMENT LTD STATING AS REGULAR PAYMENTS BEING MADE SUGGESTED REVIEW OF PAYMENTS TO INCREASE-PHONED 15/2/2008 AND AGREED TO CONTINUE FOR NEXT 3MTHS AT £50 PER MONTH-O/S BAL WAS £5153.58 SO NO INTEREST ADDED-PERSON AT APEX WAS ASKING FOR STATEMENT FROM MORGAN STANLEY/GOLDFISH AS NOT DONE EARLIER IN DEC 2007.
APRIL 2008 LETTER RECD ADVISING AS FROM 31/3/2008 ACCOUNT OF GOLDFISH/MORGAN STANLEY TRANSFERRING TO BARCALAYS.
LETTER FROM APEX MANAGEMENT DATED 8/4/2008 STATING ACCOUNT IN ARREARS AND O/S BAL AS £5261.76-A PAYMENT WAS MADE OF £50 ON 27/3/2008 AND THIS WAS AGREED AND RECORDS UPDATED.STILL NO STATEMENTS FROM MORGAN STANLEY RECEIVED SO APEX CREDIT MANAGEMENT ADVISED FOR ME TO CONTACT GOLDFISH/MORGAN STANLEY-THIS DONE AND LATTER STATED ACCOUNT NO LONGER ANYTHING TO DO WITH THEM AND WAS SOLE RESPONSIBILITY OF APEX CREDIT MANAGEMENT LTD AND HAD BEEN SINCE TRANSFERRED TO BCW GROUP IN 2007.ANY PROBLEMS BCW GROUP HAD ON MATTER OVER THIS WAS SUGGESTED FOR THEM TO CONTACT MORGAN STANLEY.
LETTER TO THIS EFFECT WRITTEN TO APEX CREDIT MANAGEMENT LTD ON 24/4/2008 PLUS SENT FURTHER CHQ OF £50(CASHED).PROOF OF POSTAGE OBTAINED FOR THE LETTER OF 21/4/2008.
ON 26/5/2008 APEX CREDIT MANAGEMENT STATED ACCOUNT IN ARREARS-I RETURNED LETTER WITH COPIES OF LETTER DATED 21/4/2008 AND COPY OF PROOOF OF POSTING ASKING THEY DEAL AND LET ME KNOW ANSWERS-AT THAT TIME i WAS GOING INTO HOSPITAL AND WAS NOT IN FINANCIAL POSITION TO CONTINUE PAYING INSTALMENTS-HOWEVER NO RESPONSE EVER RECEIVED FROM APEX CREDIT MANAGEMENT LTD.
I THEREFRORE HAD NO STATEMENTS ADVISING POSITION-SUBSEQUENTLY RECEIVED STATEMENT FROM BARCLAYCARD BUT I NEVER ACKNOWLEDGED AND IGNORED-MORGAN STANLEY/GOLDFISH ADVISED ACCOUNT SOLE RESPONSIBILITY OF APEX CREDIT MANAGEMENT LTD/BCW GROUP SO ASSUMED BARCLAYCARD WOULD /HAD NO INTEREST IN THIS DEBT.
i WAS RESPONDING TO COURT ON THIS BASIS AND HOPED THEY WOULD ACCEPT FROM COPIES OF LETTERS TO APEX MANAGEMENT THAT I WAS NEVER GIVEN MONTHLY STATEMENTS NOR HAD I ANY IDEA OF WHAT HAPPENNNED TO PAYMENTS I HAD MADE.MY DEBT SHOULD HAVE REDUCED BUT NOW STANDS AT £6300 ACCORDING TO BARCLAYCARD.
ANY THOUGHTS ON MY POSITION OVER THIS-I AM GOING TO TRY AND FIGHT THIS BUT PERHAPS NOT MUCH HOPE IN END-WHAT ARE YOUR VIEWS?
i WAS AMAZED TO RECEIVE JUDGEMENT AS I HAD ACKNOWLEDGED SERVICE VIA MONEYCLAIMS WEBSITE WHEN INITIALLY RECEIVED AND SUBSEQUENTLY COMPLETED A DEFENCE STATEMENT ON SUMMONS VIA THE INTERNET SITE-APPEARS THE DEFENCE NEVER REGISTERED ALBEIT IT SHOWED ON MY VIEW DEFENCE SUBMITTED-I WAS TOLD BY COURT WHEN PHONED THAT MY DEFENCE MUST HAVE STORED SOMEWHERE IN SYSTEM AND MY ONLY OPTON WAS TO REQUEST FOR JUDGEMENT TO BE SET ASIDE AND SEND RELEVENT £75 FEE.
THIS WAS 5TH JANUARY,2011 AND TYPICALLY I WAS LAID UP WITH FLU FOR LAST TWO WEEKS AND HAVE ALSO HAD PROBLEMS WITH MY INTERNET-NOW ALL SORTED SO FORMS IN PREPERATION OF BEING SENT TO NORTHAMPTON COURT TOMORROW.UNSURE TIMESCALE ALLOWED TO RETUND 244 FORMS AND NOTES DO NOT INDICATE TIMESCALE BUT I ASSUME I MUST BE CLOSE TO ANY END DATE FOR APPLYING.
MY ARGUMENT AGAINST SUMMONS/COURT ORDER IS THAT MY CREDIT CARD WITH MORGAN STANLEY WAS EFFECTED IN JULY 2001-ALL IN ORDER AND CREDIT LIMITS INCREASED FROM INITIAL FIGURE OF £4300 TO £5000 IN AUG 2002 AND SOMETIME BETWEEN THEN AND OCT 2006 THE CREDIT LIMIT INCREASED TO £5500 WITHOUT MY REQUEST.I UNDERSTAND THE CONSUMER CREDIT ACT HAS STRICT RULES FOR LENDERS TO COMPLY WITH WHERE INDICATIONS OF LOANS THAT MAY NOT BE UNENFORCEABLE ARE IF YOUR LENDER HAS INCREASED THE CREDIT LIMIT WITHOUT MY KNOWLEDGE-I AM UNSURE IF THE WAY IN WHICH MY LIMITS WERE INCREASED IS OF THE TYPE ADVISED JUST BECAUSE I DID NOT AGREE.
MY OTHER PROBLEMS WITH THIS AGREEMENT WAS THAT THE LAST STATEMENT RECEIVED WAS MARCH 2007 -IN JUNE 2007 I HAD LETTER FROM BCW GROUP IDENTIFYING O/S BALANCE AS £5150.89-AGREED £50 PER MTH INSTALMENTS AND ALSO UNDERSTOOD INTEREST TO BE FROZEN.PAYMENTS NMADEMONTHLY TO 27/03/2008-DURING INTERIM PERIOD LETTERS RECEVED FROM BCW/APEX MANAGEMENT LTD IDENTIFYING VARIOUS ARREARS-THESE WERE NOT ACCURATE BUT AS AT 7/12/2007 NOTICED ACCOUNT BALANCE INCREASED TO £5303.58-ON 21/12/2007 I SENT LETTER ASKING FOR UPTO DATE STATEMENT FROM MORGAN STANLEY AS NOTHING RECEIVED SINCE INSTALMENTS AGREED.REQUESTED COMPLETE BREAKDOWN OF PAYMENTS AND COSTS INCURRED.
ON 2/1/2008 LETTER FROM APEX CREDIT MANAGEMENT SHOWING ACCOUNT IN ARREARS BUT AC NOW AT O/S £5203.58.ON 12/2/2008 LETTER FROM APEX MANAGEMENT LTD STATING AS REGULAR PAYMENTS BEING MADE SUGGESTED REVIEW OF PAYMENTS TO INCREASE-PHONED 15/2/2008 AND AGREED TO CONTINUE FOR NEXT 3MTHS AT £50 PER MONTH-O/S BAL WAS £5153.58 SO NO INTEREST ADDED-PERSON AT APEX WAS ASKING FOR STATEMENT FROM MORGAN STANLEY/GOLDFISH AS NOT DONE EARLIER IN DEC 2007.
APRIL 2008 LETTER RECD ADVISING AS FROM 31/3/2008 ACCOUNT OF GOLDFISH/MORGAN STANLEY TRANSFERRING TO BARCALAYS.
LETTER FROM APEX MANAGEMENT DATED 8/4/2008 STATING ACCOUNT IN ARREARS AND O/S BAL AS £5261.76-A PAYMENT WAS MADE OF £50 ON 27/3/2008 AND THIS WAS AGREED AND RECORDS UPDATED.STILL NO STATEMENTS FROM MORGAN STANLEY RECEIVED SO APEX CREDIT MANAGEMENT ADVISED FOR ME TO CONTACT GOLDFISH/MORGAN STANLEY-THIS DONE AND LATTER STATED ACCOUNT NO LONGER ANYTHING TO DO WITH THEM AND WAS SOLE RESPONSIBILITY OF APEX CREDIT MANAGEMENT LTD AND HAD BEEN SINCE TRANSFERRED TO BCW GROUP IN 2007.ANY PROBLEMS BCW GROUP HAD ON MATTER OVER THIS WAS SUGGESTED FOR THEM TO CONTACT MORGAN STANLEY.
LETTER TO THIS EFFECT WRITTEN TO APEX CREDIT MANAGEMENT LTD ON 24/4/2008 PLUS SENT FURTHER CHQ OF £50(CASHED).PROOF OF POSTAGE OBTAINED FOR THE LETTER OF 21/4/2008.
ON 26/5/2008 APEX CREDIT MANAGEMENT STATED ACCOUNT IN ARREARS-I RETURNED LETTER WITH COPIES OF LETTER DATED 21/4/2008 AND COPY OF PROOOF OF POSTING ASKING THEY DEAL AND LET ME KNOW ANSWERS-AT THAT TIME i WAS GOING INTO HOSPITAL AND WAS NOT IN FINANCIAL POSITION TO CONTINUE PAYING INSTALMENTS-HOWEVER NO RESPONSE EVER RECEIVED FROM APEX CREDIT MANAGEMENT LTD.
I THEREFRORE HAD NO STATEMENTS ADVISING POSITION-SUBSEQUENTLY RECEIVED STATEMENT FROM BARCLAYCARD BUT I NEVER ACKNOWLEDGED AND IGNORED-MORGAN STANLEY/GOLDFISH ADVISED ACCOUNT SOLE RESPONSIBILITY OF APEX CREDIT MANAGEMENT LTD/BCW GROUP SO ASSUMED BARCLAYCARD WOULD /HAD NO INTEREST IN THIS DEBT.
i WAS RESPONDING TO COURT ON THIS BASIS AND HOPED THEY WOULD ACCEPT FROM COPIES OF LETTERS TO APEX MANAGEMENT THAT I WAS NEVER GIVEN MONTHLY STATEMENTS NOR HAD I ANY IDEA OF WHAT HAPPENNNED TO PAYMENTS I HAD MADE.MY DEBT SHOULD HAVE REDUCED BUT NOW STANDS AT £6300 ACCORDING TO BARCLAYCARD.
ANY THOUGHTS ON MY POSITION OVER THIS-I AM GOING TO TRY AND FIGHT THIS BUT PERHAPS NOT MUCH HOPE IN END-WHAT ARE YOUR VIEWS?
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