Letter form Morgans solicitore, what does it mean

[gillwall]

Hi all, can someone explain what this letter means, I received it from morgans this morning.
Thankyou
gillwall

[MIKE770]

Re: Letter form Morgans solicitore, what does it mean

Hi all, can someone explain what this letter means, I received it from morgans this morning.
Thankyou
gillwall

Means nothing if we cannot see anything, :seagull: -- any chance of downloading it for others to see minus your personal details would be a good start.?

[gillwall]

Re: Letter form Morgans solicitore, what does it mean

Sorry!
I have just scanned the letter, but having problems download it onto the forum. Any advice please

[MIKE770]

Re: Letter form Morgans solicitore, what does it mean

Sorry!
I have just scanned the letter, but having problems download it onto the forum. Any advice please

send the attachment to admin@legalbeables.info asking for it to be placed on your forum!

[gillwall]

Re: Letter form Morgans solicitore, what does it mean

Thankyou, will do

[gillwall]

Re: Letter form Morgans solicitore, what does it mean








Hi this i the lettee.
The back ground is as follows
Cabot/ / morgans have tried to obtain a charging order on my property, I attended the hearing 2nd of feb, although it was adjuned due to the fact morgans had incorrect information on the court paers, and the JD has given more time to ensure Morgans have ammnede the informationThey had noted only payments of £76.00 had been made. But the correct amount is £3600. in the last eight months. I had made larg payment due to a refundnd of PPi.. plus my agreed payments

They stated i was in arears , although i had made far more paymentns than the agreement reqiured.
Any way there is a hearing on the 22nd of march, morgans are asking for the charging order not to go ahead, but the CCJ to remain.
My argument is that i have not suggested this is not my debt, but am concerned regarding how much the original debt is for, arrising from such a lot of incorrect information provided be morgans. I have also requested thes areements are available for the hearing. Sorry it's so long

Thank you




Dear xxxxxxxxxxxx

Re xxxxxxx
Claim Number


Thank you for your letter received on the 22nd February 2011 enclosing Postal Order in the sum of £1.00.

The file has been passed to the writer to respond to your query/

We have already made arrangements for the charging order to be withdrawn based upon the representations you have already made in relation to your general financial position, but not on the other grounds you have relied upon.

Your recent letter purports to be a statutory request under S.78 Consumer Credit Act 1974. The letter sent to you dated 9th February omitted to mention that the statutory obligation under S.78 only arises in circumstances where the debitor requests a copy of the agreement (amongst other things) under a regulated Consumer Credit agreemnt. By virtue of the Judgment having been obtained the agreement is at an end and therefore there is no basis for a statutory request.

However, in the spirit of co-operation and in accordance with the overriding objective of the Cvil Procedure Rules, we will endeaver to obtain copies of the documents that are availble. Accordingly your cheque has been returned.

[Caspar]

Re: Letter form Morgans solicitore, what does it mean

As I read it, it is stating that you've made a CCA request, but as the matter has already been to court and a charging order placed on your proerty and since removed again, then the CCA Agreement is no longer relevant. The time for arguing this would have been at the initial hearing.

I stand to be corrected, but that's how it reads to me.

[gillwall]

Re: Letter form Morgans solicitore, what does it mean

Ok thank you.
Do you think it would be worth the argument
gillwall

[Caspar]

Re: Letter form Morgans solicitore, what does it mean

If my interpretation of what it says is correct, then no, I can't see any point in arguing. Sorry!

Someone else may come along who reads it differently - it would be good to have a second opinion!

[Kafka]

Re: Letter form Morgans solicitore, what does it mean

Once they have the CCJ the agreement is no longer an issue, for the reasons already stated.

To remove the CCJ you would have to challenge it on the grounds that they did not follow the correct legal procedures, that they amount was wrong, or that they did not have the right to take legal action. None of these are easy once they already have the judgment and unless you have something pretty special its probably a waste of time unfortunately.

Is there anything significant? Did they follow the default process properly, for example?

[pt2537]

Re: Letter form Morgans solicitore, what does it mean

Once they have the CCJ the agreement is no longer an issue, for the reasons already stated.

To remove the CCJ you would have to challenge it on the grounds that they did not follow the correct legal procedures, that they amount was wrong, or that they did not have the right to take legal action. None of these are easy once they already have the judgment and unless you have something pretty special its probably a waste of time unfortunately.

Is there anything significant? Did they follow the default process properly, for example?

Southern District Finance vs Turner?

[Kafka]

Re: Letter form Morgans solicitore, what does it mean

That was a useful case, but as I recall it was a complex one involving possession and a long delat in procedings. A problem with CCJ setaside is the immediate question why the original claim against you was not fought at that time. If it wasn't because you didn't know what to do, then I suspect you will get nowhere. If you can demonstrate some false aspect to the claim - for example - then there may be scope.

The point I was making is that to overturn a CCJ you expect to need very compelling grounds together with the ability to fight them and win. Unless you are confident on both grounds, you run the risk of causing more problems. Not trying to put people off her, just being clear that this is not a battleground to enter unless you have a realistic chance of winning.

[pt2537]

Re: Letter form Morgans solicitore, what does it mean

That was a useful case, but as I recall it was a complex one involving possession and a long delat in procedings. A problem with CCJ setaside is the immediate question why the original claim against you was not fought at that time. If it wasn't because you didn't know what to do, then I suspect you will get nowhere. If you can demonstrate some false aspect to the claim - for example - then there may be scope.

The point I was making is that to overturn a CCJ you expect to need very compelling grounds together with the ability to fight them and win. Unless you are confident on both grounds, you run the risk of causing more problems. Not trying to put people off her, just being clear that this is not a battleground to enter unless you have a realistic chance of winning.

I disagree with your view on the state of play when there is a CCJ.

The Turner ruling shows that even where a CCJ is in place you can seek declaratory relief by way of a counterclaim.

Indeed we challenged Restons and HFC Bank for a customer, and she had a CCJ and charge (Interim) and the CCJ was set aside, the Charge removed and the debt written off.

It depends on the case, the facts, the evidence, the agreement etc.

There are so many variables i grant you, but all is not lost.

[ed.]

Re: Letter form Morgans solicitore, what does it mean

Sorry might be a dumb moment on my part, but google isn't helping. Could a kind peep PM my th judgement please.

[pt2537]

Re: Letter form Morgans solicitore, what does it mean

http://www.bailii.org/cgi-bin/markup...method=boolean