Linz - setaside default judgement & CCJ

[Karnevil]

info to be posted later

[MinnieMouser]

I'll be very interested in this. Will be trying to get a ccj set aside soon.

[dannyboy660]

Subscribing.

Not sure how it's done without actually posting.

[sillygirl1]

To cut a long story short my property was repossessed in October 2006, to date I have heard nothing - I know the property hasn't been sold (at least I checked on the land registry website) and I was wondering whether to start claiming from the companies involved (GMAC 1st mortgage and London & Scottish (who repossessed the property) as the 2nd charge. All that was recieved was a change of ownership citing two different solictors companies operating under the same address...... I understand speaking to friends that it can take up to 2 years before you start receiving correspondence after a repossession....

I also had problems with Capital One claiming I had a credit card with them, this ended up in court - Capital One didn't show up and the judge rejected their claim, I have been chased on and off ever since by them, despite having the judgement cancelled and a 'Notice of Discontinuation' from Capital One. I even had a visit from Scotcall just before I was evicted and showed them the documents. Where do I stand now about claiming against them, from checking the other day the judgement is still on my account and should be removed....

[linz2011]

Hi Karnevil sorry for the delay - details are:

1. agreement made 4/7/05

2. missed payment 01/12/06

3. Claim form issued 12/1/07 for 5070.29 + 250 court fee + 100 solicitors costs = 5420.29

4. missed payment (well 300 contractual agreement is £285.76) made and received letter dated 18/1/07 advising is I paid £271.52 (jan installment) plus interest of £11.08 plus legal costs and disbursements of £491.00 by 4th Feb judgement would not be enforced.

5. Judgement by default issued 26th January

6. I sent 3 x 300 cheques immediatly but post dated as did not have all the funds available.

7. Received letter dated 19th February saying I had not responded but acknowledge the cheques??? but one had been returned but the contractural instalment had been made of £285.76 saying I have paid a total of £885.76 since termination leaving a balance of £4090.77 plus int of £213.84 plus legal costs and disburse of £975 plus transfer of ownership of the equipment £376 totalling 5655.61 asking for balance in full.

8. I emailed them advising could not pay in full and what happens next

9. Received letter dated 26th Feb advising that I could pay over four weeks added another £50 towards ongoing costs advised all payments must be cleared upon first attempt.

10. I emailed advising cannot pay over four weeks and obviously wanted to resolve this and that the contractual standing order was still in place and only ever missed the once and felt that their actions were rather hasty - no response

11. Received letter on 8th March serving interim charging order which asks for 4633.20 intially but then the total is 5518.96 - the application is to be heard at 10.00 on 14th May at Southend ( i live in Leeds)

Sorry it is I have since paid off another £1000 and have increased the standing order to £500 per week

Any help please x

[Karnevil]

I think it would be a good idea to send a itness statement to the court and serve one on the claimant asap. Include all the information and attach documents detailed what you have said above.

[quote]

case/claim No: [xxxxx]

In the ANYWHERE county Court

hfc bank limited

claimant

-AND-

name

defendant

WITNESS STATEMENT

OF name

I, name of address will say as follows:-

1.I am the Defendant in this case.
2.I make this Witness Statement in relation to a charging order applied for on my family home of address

3.I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.
4.The property of address is my family home where I live with my wife xxxxxx and kids etc

5.I have no other property.
6.On the 30th August 2006 the Claimant filed with Northampton County Court a claim against the defendant for £xxxxx plus costs outlined in the Claimants particulars of claim.
7.I filed a part admission and a defence on the 14th September 2006.
8.The District Judge sitting at Northampton county court on reading papers filed made the following orders

• • Judgement entered against the defendant on 27th October for payment of £xxxx and £xxxxcosts payable forthwith
  • The claimant may apply for a charging order at once
  • Apart from a charging order all other execution is stayed so long as the defendant pays £xxxx month
  • Any party affected by this order may apply within 7 days after service of it to vary amend or set aside

9.Neither party applied to vary, amend or set aside the order.
10.On the xth December 2006 The Claimant applied for a charging order on my family home.
11.On The xth December 2006, at Huntingdon County Court, Judge xxxxx granted the claimant an interim charging order.
12.I have no objection to this Honourable Court granting the final charging order.
13.I have made the payments of £xxxx as ordered (8.c) each month. These payments have been made through the Consumer Credit Counselling Service Client Referencexxxxx.
14.The amount now owing is £xxxx.
15.I ask that this Honourable Court confirm that as long I continue to make the payments of £xxxx per month as ordered (8.c) that enforcement be stayed of this final charging.

Statement of Truth
I believe the facts stated within this Witness Statement to be true comprising of 2 pages.


Dated this 17th day of January 2007

Signed


.................

[Karnevil]

send this with a copy to the bank and enclose a letter with the one to the court saying you have served on the claimant.

Mr xxxxxx
xxxx
xxx


18th Janaury 2007


The bank
xxxxx

Dear Sir/madam
Re: claim 123xx12345 your reference:

Enclosed by way of service the first witness statement of Mr xxx xxx in preparation of the hearing on x th February 2007 at xxxx county court.

A copy has been filed with court.

Please confirm receipt.

Yours faithfully,



Mr xxxxx

[Karnevil]

Okay that in case of not getting the set aside....the set aside of the judgement you need to apply for seperately in order to allow you to defend the charges based on the agreement you made prior to the judgement request.

I'll come back with that info in a bit.

Okay you want N244 which you can download from Her Majesty's Courts Service - Home

Removal of CCJ's - Valid reasons to have your judgements set aside

Introduction

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.
We have listed quite a few valid reasons below.

1. The judgement should not appear on the credit files if it was paid up within 28 days.
2. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
3. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

those are the main ones apply to you

[judi3]

Set Aside Judgement I Lost

could i receive advice on what to write to the courts to apeal

[linz2011]

case/claim No: 7SS00114
In the Southend county Court


Kelleys Radio t/a Thames Finance
claimant
-AND-



WITNESS STATEMENT
OF Lindsey


I, Lindsey, of address will say as follows:-

1.I am the one of the Defendants in this case.

2.I make this Witness Statement in relation to a charging order applied for on my family home of address

3.I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

4.The property of address is my family home where I live with my husband David and child.

5.I have no other property.

6.On the 12th January 2007 the Claimant filed with Southend County Court a claim against the defendants for £5070.29 plus costs outlined in the Claimants particulars of claim.

7.I did not respond to the court regarding the original claim form dated 12th January 2007.

8. I received a letter dated 18th January 2007 advising Thames Finance had recieved my payment of £300. They confirmed in this letter (copy attached appendix X) that if I paid the outstanding instalment, totalling £271.52, plus costs of £502.08, they would refrain from obtaining judgement.

9. Three cheques (CHEQUE NUM BERS? and cheque dates if you post dated them) for £300 each were sent to the claimant, and cheque number xxxx was cashed on xxxxxxxxxxxxx.

10. Notification of Judgement by default was received by myself on 26th January.

11. I received a letter dated 19th February 2007 (attached appendix X) advising me I had not responded to their letter dated 18th January 2007. This same letter acknowledged receipt of the cheques included in my response to that letter.

12. This letter then requested I send £5655.61 which included an additional £1564.84 in legal fees and interest.

13. I advised, by email I could not pay the full balance immediately.

14. Jefferies Solicitors then sent myself a letter dated 26th February 2007 adding a further £50 and asking for balance to be paid over four weeks - again I advised I could maintain my agreement (made in letter dated XXXXX appendix X) but not pay over four weeks.

15.I then recieved a letter dated 8th March attaching interim charging order. (copies of letters attached appendix X)

16.The District Judge issued a Judgement by default at Southend Court court on 26th January

The following is the life so far of the agreement

i. agreement made 4/7/05

ii. missed payment 01/12/06

iii. Claim form issued 12/1/07 for 5070.29 + 250 court fee + 100 solicitors costs = 5420.29

iv. missed payment (well 300 contractual agreement is £285.76) made and received letter dated 18/1/07 advising is I paid £271.52 (jan installment) plus interest of £11.08 plus legal costs and disbursements of £491.00 by 4th Feb judgement would not be enforced.

v. Judgement by default issued 26th January

vi. I sent 3 x 300 cheques immediatly but post dated as did not have all the funds available.

vii. Received letter dated 19th February saying I had not responded but acknowledged the cheques however one had been returned but the contractural instalment had been made of £285.76 saying I have paid a total of £885.76 since termination leaving a balance of £4090.77 plus int of £213.84 plus legal costs and disburse of £975 plus transfer of ownership of the equipment £376 totalling 5655.61 asking for balance in full.

viii. I emailed them advising could not pay in full and what happens next

viii. Received letter dated 26th Feb advising that I could pay over four weeks added another £50 towards ongoing costs advised all payments must be cleared upon first attempt.

x. I emailed advising cannot pay over four weeks and obviously wanted to resolve this and that the contractual standing order was still in place and only ever missed the once and felt that their actions were rather hasty - no response

xi. Received letter on 8th March serving interim charging order.


Statement of Truth
I believe the facts stated within this Witness Statement to be true comprising of 2 pages.


Dated this 29th March 2007

Signed


.................