Mahala -v- Aktiv Kapital - CCJ DISMISSED

[StoneLaughter]

Guys - rather than copy and paste it all, can I please refer you to the thread in "another place" here and I'll continue with any progress here at Legal Beagles.

If you want me to copy and paste I will but it seems a bit daft...

Cheers!

[Nattie]

Re: Mahala -v- Aktiv Kapital

I will have a quick look at see if there is any advice needed or required and hopefully summarise it on here(i think that word is spelt wrong).

[StoneLaughter]

Re: Mahala -v- Aktiv Kapital

OK, we have a date in the Mansfield County Court! Hearing is set for 14:00 on 21/12! I applied for the decision without hearing but obviously they're not happy with that and need to clarify some stuff.

We're both seriously trepidatious now... LOL. I'm going to write to the court and ask if I can help Mahala represent herself at the hearing; otherwise I'll not be allowed to take part and she has asked for my help....

[StoneLaughter]

Re: Mahala -v- Aktiv Kapital

Well, today's the day - wish us luck!

[enaid]

Re: Mahala -v- Aktiv Kapital

The very best of luck and I hope all goes well, are you allowed to help her?

[StoneLaughter]

Re: Mahala -v- Aktiv Kapital

We have to ask the Usher this afternoon who will ask the sitting Judge for us... so we won't know until we get there!

[enaid]

Re: Mahala -v- Aktiv Kapital

Oh I hope you can, but at least you will be with her.
It makes a big difference when you have support on something like this, once again good luck and let us know the outcome whatever it is enaid x

[Sapphire]

Re: Mahala -v- Aktiv Kapital

Any news yet ?

sapphire

[StoneLaughter]

Re: Mahala -v- Aktiv Kapital

OK - blow by blow...

We arrived at Court and sorted the paperwork into the right order which I'd forgotten to do!

Two gentlemen turned up but did not approach us; we dreaded that it might be CL Finance the original claimant but it wasn't....

The Usher got me permission to attend without a problem and we went in about ten past. The Judge took about 14 seconds to familiarise himself with the case and asked Mahala whether she had told GE Capital (the original creditor) about her address change; she said (and I hadn't known this before) that she was receiving statements from them at her new address in 2001 and making payments on the account... and that the direct debit payments had stopped... so the account must have been clear. The Judge agreed that service therefore had not been "proper" and that the Judgement should therefore be set aside.

He then went on to enquire about the debt, what contact we'd had with the creditor(s), whether any application to Enforce had ever been submitted etc... and on hearing all the answers decided (completely out of the blue) also to DISMISS THE ORIGINAL CLAIM!!!!

Now, if "they" want to persue this "debt", they must start again from scratch with a new claim, with all the appropriate evidence. I can see the letter from AK in my head now telling us they do not intend to persue it further...!!!

[Sapphire]

Re: Mahala -v- Aktiv Kapital

Brilliant, Brilliant news, well done to you both.

sapphire

[Celestine]

Re: Mahala -v- Aktiv Kapital

Fantastic news! Well done and Congratulations.

A nice early Christmas present :cheers:

mas:

[Sapphire]

Re: Mahala -v- Aktiv Kapital

I take it you want your title changed - what do you want it to say hun, and you're wish will be my command.

sapphire

[Happyolddog]

Re: Mahala -v- Aktiv Kapital

CONGRATULATIONS

:cheers:

Best wishes,
Hod..liam...

[mahala]

Re: Mahala -v- Aktiv Kapital

Please can you change the title to "Mahala v Aktiv Kapital - CCJ DISMISSED!!"

or something along those lines.

*does a little dance* I won! Just like to add my heartfelt thanks to my hubby Stonelaughter for helping me through all of this. Couldn't have done it without him.

[enaid]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

Well at last some good news, it has been a while coming, very pleased for you both and it will be a very merrier Christmas no doubt now Enaid x