Points of Law

[wales01man]

Re: Points of Law

Be positive today GOOD LUCK

[PAWS]

Re: Points of Law

Jazz, I see you are still here! Now I know you are trawling through any info you can find and very busy so I won’t keep you too long.
I sent this via PM but just in case you do not get a chance to pick up I will just re-iterate the main points;
Remember that the judge did tell them to prove they had tried to contact you. Remember it was adjourned because they f****d up; not you!
This is something many, many of the people on here went through. Some lost, some won (and on less sturdy points than you have) but they all survived.

You are a survivor and a fighter. You do have a good job, you are an intelligent woman. Do not let these animals turn you into a victim
All of us non legal bods see a court room as a scary place but do not let it intimidate you. I am scared of doctor’s surgeries but for you it is a place of work
Your family are with you; myself, reluctant, wales01, Kati and many others on here are with you today and will all be counting the hours until you come home.:grouphug:

[jazzhands]

Re: Points of Law

Back from Court. It was a different Judge and he was not interested at all in what the previous Judge had asked for, all he was interested in was whether I had received a statutory demand or not - end of story. He said he would not read the information I had faxed through to the Court - wasn't interested and No he would not dismiss it on any grounds. 1st Credit agreed to ajourn for 6 weeks in order to give me time to put a charge on my house and pay them a monthly fee. I asked the Judge about costs and he said he was not going to make a decision that was up to me to negotiate with 1st Credit, but obviously if we could not come to an agreement then, it would be back in Court and the bankrupty declared. The Costs to date are £2,800 - which is more than the originat debt and therefore my debt has now doubled and more. It's obvious they won;t negotiate with me over the costs - they are in a win/win situation. Bastards!

[PAWS]

Re: Points of Law

You must feel like you have been through a mangle.
I actually have a stronger word than B for them. They have now doubled a debt you could not afford to pay in the first place. I am bloody furious. Right. Take a deep breath and get yourself a large drink. The courtroom has not got the power to frighten you now; that is as bad as it gets.
Take a break from this for the weekend and get over your cold, you must also be shattered with tiredness. As I said before I do not have the legal knowledge but this just seems so damned unfair. I will have a look around and see what I can discover and keep you posted.
Paws xxxxxxxxxxxxxxxxxxxxx

[PAWS]

Re: Points of Law


What I cannot get my head around is what the court action achieved except to push up your debt! Sorry, I know that is not helpful but I feel like I am going to explode. This should never have gone to court. I do not know if there is any way to appeal this or if a complaint to the FCA or, gosh sorry I don’t know, but it simply cannot be right to double the debt of someone who is struggling.

I bumped and bumped this post all Thursday night and got no takers. I also PM Celestine so I do not think there is anyone on here who can help. I will have a root around the web and am sure someone somewhere will come up with a solution.

You, my darling, have been through enough for one day. Havea drink, have several; I know I will!!!!!:tinysmile_aha_t:

[PAWS]

Re: Points of Law

bumped this post all Thursday night

sorry, I meant Wednesday –God almighty, I am losing it; Have nothing to do with me!:crazy:

[Crazy council]

Re: Points of Law

Hi Jazzhands

This gives you some breathing room, and dont worry, do you have there bank account number, start making payments. The argumnents not over, but, how you act in the next 6 weeks will be crucial. The creditor may keep trying to mess you about, and you still may be able change things. But, any judge is going to be looking for an plan to settle, not an argument to sort out.

If you were making payment by the time you attened earlyer, you could have asked the judge to suspend further action unless you default.

The Costs to date are £2,800 - which is more than the originat debt and therefore my debt has now doubled and more. It's obvious they won;t negotiate with me over the costs - they are in a win/win situation. Bastards!

Act properly now, and let the judge decide if the costs are warranted. What monthly payment have they agreed.

[jazzhands]

Re: Points of Law

They haven't actually agreed anythng yet, but by asking for an ajournment, I am guessing that they will agree. I have proposed £50:00 a month along with a charge on my house. I had previously offered £90:00 a month without a charging order but they refused that. As well as the Court costs they are also asking for £550:00 to set the charging order up!

[jazzhands]

Re: Points of Law

Well, they have not agreed anything yet, but because they asked for the ajournment I am guessing they are going to agree. I offered £50:00 and a charge on my house. I had previously offered them £90:00 a month without a charging order which they refused. The Judge said I had to negotiate with them about the charges. if they accept my offer it will not go back to Court as they will withdraw their bankruptcy application (thats what the Judge said)

[Reluctant]

Re: Points of Law


Sounds dreadful for you.
Courts are going to want paying 1st regardless of anyone else.
You or the creditor only seem to matter to them as generators of revenue for them being in existence.

I'm sorry I can not help.
I've loaned money to people before charging no interest and giving them a length of time to pay nothing back before beginning to save up and repay me and they have defaulted on their word because they were skint in the 1st place and for whatever personal reason were unable to make the savings required to live within their means.
When I do ask for it back, they hadn't got it and I became the one worrying how I was going to pay the bills and afford to live but I do appreciate the worry you must be going through and the risk of losing your home just because the legal system and others have the power to do so is something I am beginning to realise is a new reality for many of us.

[Kati]

Re: Points of Law

Back from Court. It was a different Judge and he was not interested at all in what the previous Judge had asked for, all he was interested in was whether I had received a statutory demand or not - end of story. He said he would not read the information I had faxed through to the Court - wasn't interested and No he would not dismiss it on any grounds. 1st Credit agreed to ajourn for 6 weeks in order to give me time to put a charge on my house and pay them a monthly fee. I asked the Judge about costs and he said he was not going to make a decision that was up to me to negotiate with 1st Credit, but obviously if we could not come to an agreement then, it would be back in Court and the bankrupty declared. The Costs to date are £2,800 - which is more than the originat debt and therefore my debt has now doubled and more. It's obvious they won;t negotiate with me over the costs - they are in a win/win situation. Bastards!

I am so sorry [MENTION=51068]jazzhands[/MENTION] - this is SO unfair!! The new judge should have carried on the case from where the previous one left off, not refused to read your complaints etc...

Hopefully, now, some of the other Beagles will come back with more ideas which can (maybe) help you to fight this!

:_tighthug__by_darkm :grouphug: :hug:

Kati xx

[Kati]

Re: Points of Law

Well, they have not agreed anything yet, but because they asked for the ajournment I am guessing they are going to agree. I offered £50:00 and a charge on my house. I had previously offered them £90:00 a month without a charging order which they refused. The Judge said I had to negotiate with them about the charges. if they accept my offer it will not go back to Court as they will withdraw their bankruptcy application (thats what the Judge said)

I hope they accept :tinysmile_grin_t: - I've got my fingers crossed for you


xx

[Crazy council]

Re: Points of Law

Hi Jazz

You don't necaserraly have to accept all there costs. If they are acsepting an offer now, you might claim that they should have engagede with you prior the costs. You might not be able to get rid of all the costs, but you may get them reduced.

becuase you have made prior offers, you will probebly be negoteating with them over the next few weeks, them trying to get it as high as possible, you as low. They will understand that if they accept an offer of £ 90 pm ( like offered before ), that they are not going to be able to justify much costs. so expect them to come in high, and negotiate down.

Accept the charge ( but maybe question the costs at £ 550 , ) ( not sure on this becasue i dont know how much it costs , )
negoteate them down as much as possible on the monthy ammount ( try get as close to what you offered ), but dont mention costs. just pay into there bank
Get the payments going asap, so payment start beofre court.

Then, tell them that you think any excess costs/charges are unfair ( i dont know if these are a lot, just presuming ), and tell them you will ask the judge to decide on them.

They may push you up to the line, but back down at the last mo. If they dont back down. there is little chance of you loosing further if everything is set up prior court. but if the charges are unreasonable, it will make it a lot easer for the judge to see it from your side.

JUST AN OPINION..........

[PAWS]

Re: Points of Law

Hey, Crazy; Have I told you that I love you!!!!! Smashing stuff there.

[Kati]

Re: Points of Law

I agree [MENTION=31453]PAWS[/MENTION] ... hopefully there will be something that jazzhands can use :tinysmile_grin_t: