Jump to content

Cambio1

Registered Users

Change your profile picture
  • Posts

    15
  • Joined

  • Last visited

Reputation

1 Neutral
  1. ok......just called the court and the lady informed me over the phone that she cant locate a claim form or any POC. She advised that I call the claimants and request they send me the POC........however, whats the likelyhood of the claimants simply saying that they never received a call requesting the POC? Is this an example of when the draft order can be used? and Am I allowed to make one or would it need to be made by the judge?
  2. Thank you for the speedy reply. I tried to say that to the judge and he just said "be that as it may". will call them now.
  3. Hi all, sorry to trouble you again. Good news is that the CCJ against me has been set aside.... Bad news is that the claimants have until september to re-instate the case if they can find the info iv requested. The Confusing news - the judge refused the claimants request for costs but they said it was a bit unfair that I had not handed in a preliminary defence (which I thought I had - ststing that there was no documentation or proof to support their claim). So.....the judge has given me 3 weeks to hand in a draft/preliminary defence. Problem is the only documents I have from the claimant are those pertaining to the hearing to set aside. Since I never received the POC in the first place I feel like im trying to defend against thin air. I tried to point out that I find this an almost indefensable position as I am unsure to what i am writing a defence to. As far as I can tell I need to do tthe following but am unsure if this is the right thing to do, Any comments or assisstance would be greatkly appreciated. - "Draft order for Directions" ie- all the documents, CCA, Notices/Deeds of assignment/default and of course.....the POC (this is the stickler) -"Draft defence" - this is the most confusing aspect for me. Most defences I have looked at are in response to some POC......which I have never received and so surely I need a copy of that before hand.??? advice pls - "N150 Allocation questionaire" - only seen a couple of examples and not sure if its relevant to this case but from what iv read of them they seem to help clear up confusion and allow for the case to be switched to small claims/fast track. Still new to this but trying my best, lol. My previous threads have been long winded (generally written in a state of stress) so I am trying to be as concise as possible this time. A lot of info on the case can be seen in my previous threads, though they were posted with regards to setting aside the aforesaid CCJ. What I think I understand is that the Judge has asked for the defence i WOULD HAVE made if id been around for the original claim. What I dont understand is how Im supposed to do this when he knows I never received the original POC...?? I have 3 weeks to hand this in, and then the claimants have until september to reinstate the claim. What i dont want to do is give them a defence which tells them everything (without an omission on my part which could get me into trouble) so they can fit a claim around it. What is worrying me is that I only have 3 weeks.......but SAR etc can takke up to 40 days. Iv taken some holiday from work so will be trying to get this sorted in the next week or so. Any advice is welcome. Thanks
  4. Well thought id give an update on events. Had my first hearing (more details on the "first time defending myself in court" thread) which was interesting and the judge ordered the claimants to produce the evidence i requested ie-CA. They havent sent anything. So under normal circumstances, if this was before any judgment had been passed, then they wouldnt be able to get a court to enforce it? Yes .....or i am i wrong on that? Since the judgment was passed some time ago, and they have been asked to present the evidence, and they havent/cant present it...........what does that mean now? From where im standing (and please correct me on this) it looks as though Arrow Global misled the court some time ago and possibly misrepresented some of the facts to obtain this judgement. Also since iv been requestingg a true copy of that judgement and a copy of the particulars of claim (to review what happened way back when) for some time now and still have received nothing im beginning to wonder whether or not it even exists!! Partly bcos of bits of information coming out about he CCBC being a seperate entity to the court without any court rooms which brings into question how due process and CPR can be followed......... And also because of my hearing (which shoulld have taken place on 02/02/2012) being cancelled. Iv been sent a letter saying it is now going to happen in March, but also subject to cancellation. Im not saying that im dubious because its been cancelled due to the court being busy.........but in this instance I cant understand why the court would put off my case when the claimants havent provided any evidence, failing in a court ordered motion for discovery, which as far as I currently understand it means i should be straight in and out.....No evidence = No claim. Am i right in my thinking here......it is up to the claimant to prove their claim, and they havent. Or is it still possible for the court/claimants to drop a nasty surprise on me such as some re-constituted/forged (whats the difference) agreement? Or is it still possible for the court to simply dismiss my app to set aside and enforce summary judgement anyway? Any suggestions?
  5. Well thought id give an update on events. Had my first hearing (more details on the "first time defending myself in court" thread) which was interesting and the judge ordered the claimants to produce the evidence i requested ie-CA. They havent sent anything. So under normal circumstances, if this was before any judgment had been passed, then they wouldnt be able to get a court to enforce it? Yes .....or i am i wrong on that? Since the judgment was passed some time ago, and they have been asked to present the evidence, and they havent/cant present it...........what does that mean now? From where im standing (and please correct me on this) it looks as though Arrow Global misled the court some time ago and possibly misrepresented some of the facts to obtain this judgement. Also since iv been requestingg a true copy of that judgement and a copy of the particulars of claim (to review what happened way back when) for some time now and still have received nothing im beginning to wonder whether or not it even exists!! Partly bcos of bits of information coming out about he CCBC being a seperate entity to the court without any court rooms which brings into question how due process and CPR can be followed......... And also because of my hearing (which shoulld have taken place on 02/02/2012) being cancelled. Iv been sent a letter saying it is now going to happen in March, but also subject to cancellation. Im not saying that im dubious because its been cancelled due to the court being busy.........but in this instance I cant understand why the court would put off my case when the claimants havent provided any evidence, failing in a court ordered motion for discovery, which as far as I currently understand it means i should be straight in and out.....No evidence = No claim. Am i right in my thinking here......it is up to the claimant to prove their claim, and they havent. Or is it still possible for the court/claimants to drop a nasty surprise on me such as some re-constituted/forged (whats the difference) agreement? Or is it still possible for the court to simply dismiss my app to set aside and enforce summary judgement anyway? Any suggestions?
  6. Well i guess im unsure of the merits of the case as i havent been told very much. The `spec only form` states the following: " The Claimant claims for sums due under a/various Credit Agreement(s) entered into between HSBC plc and the defendant. The rights of HSBC plc passed to the Claimant persuant to an assignment dated 22/12/06 between HSBC plc and the Claimant. The agreement(s) was/were terminated upon the Defendant failure to comply with the terms of the Agreement(s) and or the Statutory Notice of Default served by HSBC plc. And the Claimant claims : Credit Card Account ################ balance of 603.58 as of 02/04/03. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the Default Date(s) to 31/12/07 of 229.39 and also interest at the same rate up to the date of Judgement or earlier payment at a daily rate of 0.13 AND costs." -So from this, I cant tell if theres one or more credit agreements (which they havent sent anyway as the judge told them to). -They state the "Claimants" who are named on the same `spec only` form as ArrowGlobal, were passed the rights of the debt on 22/12/06.....yet on the one and only letter i received from Arrow Global in April 2010 it states "This letter is to inform you that with effect from 5th November 2010 under a written assignment the debt you owe to FV-1 inc has been sold to Arrow Global". ...so again.....im trying to make some kind of chronological sense out of whats been going on, and i cant with what iv been given..........Hence why i would really like to see a true copy of the judgement...in full....not just a paragraph that doesnt match up with the other paperwork iv got. As for paying it....I dont know if I ever have (or have ever needed to) and i dont know what bank i was with in 2003 if im totally honest. They say its from 2003.....if thats true then surely if its older than six yrs i thought that made it statute barred anyway so i dont know why theyd come to me with it unless theyre just trying their luck. So as it now stands: - The claimants have not sent the Credit Agreement, they were told to do so on the 4th January by the judge. Its now the 21st so i guess their time is up on that. Should i send a letter/notice of default to the claimants? (i ask bcos the judge told them to send me it.....not me...so am i still allowed to send notice of default.....silly question i know). I have to write a witness statement for the court in response to what theyve sent me.......since they havent sent me anything i imagine its going to be a pretty short statement (dont really know what to write really, other than - thay havent sent me anything, and i guess persuant to the CCA 1974 that makes this an unenforcable agreement). You think it may still be worth requesting a true copy of the judgement from Northampton CCBC and a copy of the terms and conditions/credit agreement from the claimants? Surely if the claimants dont have any material evidence/agreement then there is no Foundation Evidence and hence the claim is to some extent erroneous and somewhat dubious.
  7. Hi, thanks for the replies .....and sorry for rambling....it was quite late at the time of writing. I guess im just a little bemused because i didnt even know what the matter was about until October and since then it feels like iv ben coerced into some matter that i know nothing about and everyone seems unwilling to comment on or provide any details of.....yet theyre claiming it involves ME. I thought going into court, explaining id been away working and that since id become aware of the matter (as demonstrated by my correspondence) id tried to deal with it correctly. The claimants or the court did not provide any clarification when requested (hence the delays in setting aside etc) and to this day i still havent received a copy of the CA, the judgement or the claim form.......how am i meant to prepare a defence??? (baring in mind the solicitor i did see said she would be unable to do anything until they sent the judgement and a copy of the claim form) Additionally, if i were to try to prepare a defence from what i have, i couldnt because the dates iv been given (with regards to the assignment of the debt to different companies) are all mixed up and the different parties, nor the courts seem to be able to clarify any of this even though iv mentioned it. In court i stated that my defence would in part, obviously depend upon what these items of paperwork reflected upon, and so in the meantime i was aware of some legislation that might apply (limitation act, bills of exchange......absence of credit agreement, terms and conditions) but couldnt be sure until i knew the details. I thought it would have been quite straight forward once the judge heard this. Set aside judgement, obtain the particulars of claim, credit agreement, copy of the judgement, and then hand in a defence......do what we would have done if id been around at the time. Obviously when the judge stated that the claimants request the app to set aside be dismissed on the grounds of Nelson and another Vs Clearsprings management and did i have anything to add, it made sense to outline what i knew of that case and provide something that supported an argument for the application bcos of being out of the jurisdiction....didnt think i was being clever....just tried to be prepared. What i didnt expect was the judge supplying an argument for the prosecution and arranging an adjournment. Just seemed to me that the judge and prosecution were very.......cosy. Bit worried there gonna try and drag the case out to get more money. So i dont know what is meant by "merits of the case", if :- -being out of the country, -not receiving any paperwork, -any notice, -being unaware of any action having taken place until october gone, -showing that iv gone out of my way to try to follow court procedure, -pointed out reasons covering excusable neglect with regards to delay in filing app, -requested proof of there claim, -still havent received the proper paperwork(re: judgement, particulars of claim), -pointed out that it may be a statute barred (dont know till i see the details but 2003.....def more than six yrs) -Bills and exchange act(need more details on this but if this debts been passed around several companies then surely its been extinguished) -not really related but: under an assignment for the benefit of creditors, the debt is rarely discharged after being paid (according to blacks 2008)....so how would this help the nations debt if the publics share isnt being discharged after payment (at least under these sorts of assignments) So im unsure what is meant by "merits of the case". You say dont go in for technicalities....would that include pointing out faults in their witness testimony? some of which seems to be pure fabrication. This company is also getting their share in interest and although i havent mentioned it there is a stubbs audio script (or was...il let u know where wen i find it again) discussing the setting aside of judgements where it is said that if the plaintiffs were adding interest to the amount then the judgement should be set aside as this would constitute an act of prejudice towards the defendant. Is this worth mentioning in court? Suppose i didnt think there would be any conflict in setting aside a judgement thinking it would just be a matter of re-issuing the paperwork in full or even just allowing me to discuss the matter with the claimants/original creditor before engaging the courts at all. The only allowance theyve given for that is to pay the sum in full........they dont seem inclined to want to send any proofs, contracts, signatures.....and what is somewhat more unsettling is that neither does the courts?
  8. Hi all, the story so far....... 2007-2010 i was working out of the country for Disney on Ice (so working generally a week or two in a city or country at a time before moving on.) May 2010 I returned to the UK and looked for job/somewhere to live. April 2011 - received a letter from Arrow Global Ltd stating "......with effect from 5th November 2010 under a written assignment of the debt you owe to FV-1 Inc, has been sold to Arrow Global Ltd " (Typed up in full on post: search cambio1 arrow global). Unaware of any previous court action i treat it as a new claim and requested proof of claim via validation. No reply. Sent two more letters.........no replies. 3rd October 2011 - Order to attend court for questioning arrives. mentions a CCJ i knew nothing about so I write a letter to the court requesting clarification as to what had been happening in my absence. 16th October - hand deliver my letter (no money for postage) and the court refuses delivery stating that i needed to pay £85 to set the judgement aside.(i didnt have money for this and could not understand why i should have to pay anything when i hadnt done anything wrong and was merely trying to find out what had been happening.) Around this time I also called the court and requested two things: 1 - a copy of the claim form, and, 2 - a copy of the judgement. I have received neither. i was sent a claim/judgement `spec only` form , which.... Novemeber 2011, sought legal counsel who informed me that even if i was their client they could not do anything with the `spec only` form. Also advised me to apply to set aside ASAP. December 31st - received the witness statement from the claimants solicitor (confusion.....i was under the impression that a solicitor could not be a witness) which left me new yrs eve, new yrs day, and the Mon and Tues to review everything (baring in mind i was working all four days) before the hearing on the Wednesday 4th January. This is where it got interesting, and any help would be appreciated: Wed 4th January- My app to set aside was based upon the following: -I did not receive the notice prior to court action (sent to my old address) -I did not receive the particulars of Claim (sent to my Grandmothers address, used as a c/o add whilst i was away working) -I could not have acknowledged the claim or filed a defence as i was out of the country and hence out of the jurisdiction -i feel (but have not yet stated this in the hearing)that there is some degree of excusable neglect on my part. Excusable neglect : A failure - which the law will excuse - to take some proper step at the proper time (esp. in neglecting to answer a lawsuit) not because of the parties own carelessness, inattention, or willfull disregard of the courts process, but because of some unexpected or unavoidable hinderance or accident because of reliance on the care and vigilence of the party`s counsel or on a promise made by the adverse party -I would argue that since becoming aware of the matter i have taken great care and attention as to avail myself of proper procedure and due process (even if the court doesnt seem too interested in such things) and to do everything in my power to gain clarification and remedy this matter. -the claimant argued that the court should dismiss my app to set aside based on Nelson and another Vs Clearsprings management ltd. In This case the def`s app to set aside was dismissed on the grounds that the def had no defence. -I argued that in Fairway Vs Palmer [2006] the app to set aside was allowed bcos the def was out of the jurisdiction -Judge called a recess to look into it. -When we re-entered the court [in chambers] the judge then offered an argument for the prosecution, namely the case `City and Country properties Vs Kamali`, stating that in this instance the app to set aside was dismissed even though the def was out of the jurisdiction.Is it just me or was this an example of prejudice and Bias since the judge (referee) was offering arguments for the prosecution. (i think it worth pointing out that the judge knew this was my first ever court appearence and i was up against someone who had been a solicitor for some time). Would it be worth putting the judge on his Oath at the next hearing??? anyone have a suggestion on this. -As i was voicing my objection to this action of the judge, he interjected stating that he was going to use the discretionary power of the court to file a "Motion for Discovery" and request the claimants to produce the "credit(s) agreement(s)" mentioned in the `spec only` form. - He gave them 12 days (+2 for delivery) to fulfill this request and at the time of writing i am still waiting. -So, hes stating that the claimants acted correctly and is allowing the serving of the Doc`s even though i was out of the jurisdiction. (the claimants admit as much in their witness statement when they asserted that i was living with my mother in spain......in which case why didnt they follow CPR with regards to serving out of the jurisdiction) -After i receive these doc`s i have 2 weeks to file a witness statement and then another hearing will be scheduled. I am aware that i can request various items under the Consumer Credit Act 1974, including proof of loss, invoices, statement of account etc. Could I still send this request or would it not be advisable to do so since the Judge has already filed a motion for discovery? I am considering sending a letter to Northampton CCBC requesting clarification of a few matters. I have heard there are no hearing rooms or judges at the bulk disharge centre. As such it seems hard to imagine how due process/CPR could be followed. There have been rumours of "fraudulant deception" taking place. Not wishing to succomb to hearsay but wishing to ensure my rights to due process, i would like answers to those questions. Additionally I would really like to see a full copy of the judgement that was made, so i can see which judge was presiding and what evidence was presented (bcos i dont believe there was any). Do I have a right to see a full copy of the judgement? Do I have a right to ensure that any judgement passed was done lawfully? Also im a little worried about escalating costs (i earn under £8000 a year). I have been told that as a litigant in person i can claim upto £9.25 an hour but i am unsure how to go about putting in a counterclaim/claim for costs. How do i prove how many hours iv put into this? What costs can I be reimbursed for? legal counsel? My time iv spent researching legislation? Any advice would be greatly appreciated as i feel, in essence that iv got a lot to base a defence upon.....just not entirely sure how to apply what iv learned. Iv been going throught the Bills and Exchange act trying to find which part is relevant with respect to "once a debt is paid said debt is extinguished" which i hear a lot, but would like to find where it says that in the Act. Also i know the limitation Act of 1980 may apply. How can I find out if this company are trying to enforce a statute barred debt? Iv got about 2 weeks till the next hearing and need to submit my paperwork including a preliminary defence in the meantime. Any help would be greatly appreciated.
  9. It feels really good to hear someone say that. So you say just fill in the form/write letter requesting the judgment to be set aside and wait for a hearing date? Will post my cover letter to go with the N244 on the forum but i dont have a scanner with which to post up the completed N244. p.s do differet courts charge different amounts? I only ask because youve said it costs £75, another site said £60 and the court in my town said it would be £80. Thanks
  10. Yea....iv heard they always try to get default judgments passed.....that way they profit from people who dont have the cash/umption to fight the claim. I feel I have a good chance at defence so i dont want to pass up this opportunity. Plus with it being my first court case, am looking to learn all i can with repect to due process and handling these affairs on my own (considering the financial/economic nightmares on the horizon.....ie- trying to survive on even less money means less chance of affording a decent lawyer/solicitor). Well thanks for that too. Its pretty much where im at now. I have the relevant form just trying to research as much as i can. Things like the Stay of Execution sounds like a good idea since iv heard that wen i apply for the judgment to be set aside, Arrow Global will be notified and have the power to enforce judgment.......and since thats what im trying to prevent until i have put in a defence it sounds like that may be A nice addition to the N244 form..
  11. really...?? No chance of a hearing? I thought everyone was at least entitled to a defence. I was told the law provides remedy at all times. Actor sequitar forum rei. The PLANTIFF follows the forum of the DEFENDANT I know that at the moment i am seen as the judgment debtor and no longer a defendant, however it must be possible to set aside this judgment otherwise why would provisions for appeals/judgments to be set aside exist?? I could give them all my financial info/income/expenditures but as yet, as far as i am aware i dont owe these people anything. How can i when iv never heard of them and still to this date i have not been informedd of what this debt is....ie- credit card / loan / overdraft. As far as im aware iv never had any loans or credit so why am i being billed as though i have. There must be more options available. Thanks though
  12. Dont think id be as confused if it wasnt for the fact that the judgments already passed. Need to get it overthrown so i get a chance....at least....at a defence. Kinda want to appeal to the judges better side without jeapordising any of my options (ie, common law defence, defence based upon statutes - bills and exchange, limitation act) Thank you. Greatly appreciate it.
  13. Have no idea who or what FV-1 Inc is/are. The amount as i just found out the other day on the order to attend court for questioning is £1077
  14. Wow pretty rapid response....sorry i didnt get back sooner. To answer your questions:- 1, What is the debt? Answer is that i still dont know. The letter states that Arrow Global has bought a debt from FV-1 Inc, and has become the data controller with regards to this debt which they claim I am the debtor of. At this moment in time I cant say whether i am or not simply because i dont know what it is. 2. Oral examination? Answer is Yes as far as im aware. They say i may have to answer questions from reps of Arrow Global and present payslips/bank details / income expenditure etc........which i dont feel comfortable with until iv had a chance do a defence.,.......can i refuse to hand over this data or not? Additionally i am worried about answering their questions simply because they will have done cross examination plenty of times before and at present i dont even feel comfortable with admitting that i am "MR BLAH BLAH" because iv been told that in itself would be an admission of liability (since thats the PERSON on theyre documents) 3. The "Notice of request for Validation and Clarification" Was my response to the only communicae i have from them I basically sent notice requesting info about what this erroneus debt what for and any proofs they had to that claim.....ie- copy of a contract, terms and conditions, invoices, affidavits etc. I dont have a scanner to put a copy of the letter up but il write out the relevant parts. [my address] [address] [address] [address] Ref Number: ############ Monday 14th March 2011 Dear Mr #####, FV-1 Inc-v-Mr ###### ##### - case number 7x#### This letteris to inform you that with effecct from 5th November 2010under a written assignment the debt that you owe to FV-1 Inc has been sold to Arrow Global Ltd. [ed...I dont know who FV-1 is either, nor have i ever heard of them]. This means that FV-1 Inc have sold the outstanding balance as at that date and all of its rights and interest in that debt (under the above account ref number) and in any security which secures it, to Arrow Global Ltd. This letter is our formal notice to you of that sale. From now on you must make accordingly make all remaining payments under your agreement [ed.....What agreement?? CCJ passed in my absence which i know nothing about] to Arrow Global Ltd at the above address. Although the sale does not affect the terms of your debt, you should note that from now on, no variation, amendment, release or waiver of your obligation to make payment may be made or granted without the prior written consent of Arrow Global Ltd. Please take note that FV-1 Inc is no longer the data controller with regard to your personal information. You should consider Arrow Global Ltd to be your new data controller and should you have any questions regarding our use of your personal information, please contact us at 08715999447. If you wish to discuss any aspect of your account with Arrow Global Ltd you should either write to us at the above address or telephone us on 08715999447 Thank you in advance for your co-operation. Yours sincerely [signed ???] Arrow Global Ltd It stated a case number but didnt mention court action so assumed that was their case number. With regards to what to do iv heard/ read several options being:- 1, Write a cover letter and attatch it to an N244 form requesting the judgment to be set aside.....which iv been told is up to the judge [which makes me uneasy since it costs me money and surely if i provide evidence showing i never received tthe paperwork then i am entitled to a defence] 2, I have been told to write/send a "Stay of execution".....but i dont think i can do that until i receive word as to when a hearing will be heard with regards to my request for Judgment to be set aside. I have heard that a stay of execution is necessary to stop the Claimant from trying to enforce judgment... What confuses me more is the templates iv seen read like this :- I, [Defendant/Litigation friend] of [ADDRESS], (Near) DH1 ### wish to apply for an order that execution of judgment entered against MR #### #### on 23rd January 2008 be stayed pending a final decision on my Application to Set Aside Judgment which is due to be heard on the ......day of..................2011....?? So if i have to hand in a Stay of Execution to prevent the plaintiff/claimant from enforcing judgement whilst my App to set asiide judgment goes through, how can i date the above documents if i dont know when a hearing will be scheduled until after theyve received processed the above documents and given me a date.... which i need to in order to put on the above documents. Anyway im gonna stop talking cos im confusing myself now.
  15. OK....hope someone can help me. I have been ordered to attend court for Questioning in Jan 2012. This is in regards to a CCJ that was passed against me in 2008. I never received the paperwork and was completely unaware of this up until a week ago when the the above order (to attend for questioning) was served to my new address. This is because i was working out of the country from 2007- 2010. I would like to get the judgement stayed so i have a chance to defend myself againt the claim....especially since, as yet, i still have no idea what/where this debt is from. Additionally i feel that the Limitation Act of 1980 and the Bills and xchange Act of 1882 may apply here (however learning how to enforce/utilise these acts in my current predicament escapes me) I recieved a letter from arrow global in March 2010 (sent to my grandmothers address??). Upon receiving this letter i replied with a "Notice and Request for validation/clarification" which they ignored, along with another two letters i sent. I am assuming they ignored the letters as a CCJ had already been passed against me. I cant afford a solicitor and am in two minds whether or not to get legal aid (do they have a chance of being successful), or defending myself (which since this is my first court appearence may not be the best idea). I feel intimidated at this "ORDER" to attend for questioning since as yet, i havent had a chance to defend myself, i still dont know what/where this debt has come from, i dont know what the company have on me/what they may bring up at questioning And similarly can i refuse to answer some/all of the questions? I just feel that this has all happened behind my back and dont see why i should have to hand over my financial/personal info until i at least know if this debt is indeed mine. Any help would be appreciated. Thank you
×
×
  • Create New...