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Robinson Way CCJ/CO Cap1 card debt - was unable to respond - now want to set aside **LOST** - appealed - **WON** Claim reset - **WON - Case dismissed**


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OK as this is so new to me really need some feedback on my application to set aside judgement.

 

to follow is my 1st draft. Is there anyone who can help with comments etc. as I don't want to shoot myself in foot by including something I shouldn't or missed something obvious.

 

.......

Dear Sir or Madam,

Respectfully, I wish to apply for a set-aside of the Judgment given in this case to the Claimant.

With regards to the Particulars of the Claim this is a brief summary of my defence.

The defendant denies that he is liable as alleged in the Particulars of Claim, or at all.

In respect of the alleged agreement it is denied that any such agreement was entered into by the Defendant and the Claimant is put to strict proof that such an agreement exists. In respect of the alleged agreement, a copy was requested under Section 78 of the Consumer Credit Act 1974 on 21 July 2009, and CPR 31.14 on 01 August 2009.

Should it be proved that such an agreement exists, it is denied that the claimant has the legal right to enforce that agreement and therefore is put to strict proof of their rights of ownership by way of Assignment and thereby requests that the court ask for production of the Deed of Assignment. A request for a copy of the Deed of Assignment was requested in accordance with CPR 31.14 on 01 August 2009.

The defendant denies that a valid Notice of Assignment was received and therefore puts the claimant to strict proof that one was issued in line with the Law of Property Act 1925.

The defendant denies that a default notice was received from the claimant and therefore the claimant is put to strict proof that one was issued and of the contents supposedly stated therein. A request for a copy of the default notice was requested in accordance with CPR 31.14 on 01 August 2009.

The defendant denies that a termination notice was received from the claimant and therefore the claimant is put to strict proof that one was issued. A request for a copy of the termination notice was requested in accordance with CPR 31.14 on 01 August 2009.

Not withstanding the above, should it be proved that such an agreement exists, the Defendant alleges that the Claimant has acted in an unfair way in accordance with Section 140A to 140C of the Consumer Credit Act 1974 Section 140A to 140C, as amended by the Consumer Credit Act 2006, and taking account of the Office of Fair Trading Guidelines published in May 2008, the Unfair Relationships Test applies, rendering the alleged agreement unenforceable. The Claimant is put to strict proof that they have acted fairly.

The defendant would aver that the claimant has been unfair according to the European Unions Directive 2005/29/EC “Unfair Commercial Practices Directive” which states:

a practice will be unfair if (a) it contravenes the requirements of professional diligence and (b) it materially distorts the economic behaviour of the average consumer with regard to the product.

“Professional diligence” is defined as “the standard of special skills and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either (a) honest market practice in the traders field of activity and/ or the general principle of good faith in the traders field of activity.”

Whilst the burden of proof of fairness rests with the Claimant, listed below is a summary of events to assist the court in concluding that there are reasonably grounds to suppose that the Claimant has acted unfairly in the relationship with the defendant:

1. The Claimant first contacted the Defendant by way of a letter dated 30 December 2008 (copy attached). They failed to properly identify themselves and in what capacity they were writing, deliberately trying to mislead the defendant into contacting the claimant by stating that post had been returned “gone away”. Post had not been returned “gone away”, it was just a ruse on their part and letter was ignored as they were not known to the defendant.

2. Second letter from Claimant dated 14 January 2009. Formal Demand for Payment (copy attached). Again they have failed to properly identify themselves or in what capacity they were writing as their letter clearly says they are debt collectors and they are collecting money due to “ROBINSON WAY EX CAPITAL ONE”.

3. The Defendant sent a letter to the Claimant dated 30 January 2009 (copy attached). The letter pointed out that (a) it was unclear who they were and in what capacity they wrote to me, (b) requested a copy of the Credit Agreement, © responded to their letter dated 30/12/2008, questioning the reason for it, and (d) asking who they were. The Claimant never replied to this letter.

4. Third letter received from Claimant dated 01 February 2009 stating “APPOINTMENT FOR HOME VISIT” (Copy attached). As before letter unclear as to their capacity as they state they are collecting money due to “ROBINSON WAY EX CAPITAL ONE”.

5. No further correspondence to or from the Claimant until Claim Form received dated 20 March 2009. The Claimant was stated as ROBINSON WAY & CO LTD (ASSIGNEES OF EX R/O: CAPITAL ONE).

6. The Defendant at this time, due to exceptional circumstances was unable to attend court to defend himself and reluctantly returned the admission requesting time to pay in accordance with CPR 14.9 (copy attached). If his personal circumstances would have been different at this time he would have taken advice and defended the Particulars of Claim. Proof of posting by first class recorded delivery attached and the Post Office online “track and trace” confirms delivery from Salford delivery office on 01 April 2009.

7. The exceptional circumstances making the defendant unable to attend court to defend himself were that he was totally drained both physically and mentally and had received very little sleep for many weeks causing him to lack the capacity to deal with this. For some considerable time, the defendant had been looking after his 2 young children (now 5 and 6 years), his wife who is suffering and continues to suffer from severe depression and has been assessed by the Department of Work and Pensions as being entitled to Disability Living Allowance with the carer’s element. Additionally, he was caring for his elderly and seriously ill parents. He cared for his father until he passed away 09 November 2008 and was caring for his mother throughout and in the final stages of a very nasty and aggressive cancer. From February 2009, his mother was unable to care for herself, was bed ridden and needed 24 hour care and attention. His mother remained at home with the defendant until she passed away 12 April 2009, with her funeral on 28 April 2009.

8. On receipt of the Default Judgment on 26 May 2009 the defendant telephoned who he believed was the claimant solicitors, Horwich Farrelly. He spoke to a person called Toni on extension 2553 (she refused to give her last name) who confirmed that they had received the request for time to pay but it was not acceptable. It was made clear by the defendant that he believed they had not acted in accordance with Court rules and she said that there was nothing they could do and that an application be made to set aside Judgment. The defendant asked that they agree to the default judgment being set aside so it could be dealt with without a hearing and save on costs and court time, but they declined.

9. The Claimant failed to follow CPR 14.10 by deliberately ignoring a request for time to pay and obtaining Judgment by Default on 26 May 2009. The Defendant believes this is an Irregular Default Judgment and should be set aside in accordance with CPR 13.2 or 13.3

10. The defendant believes the Claimant may have acted dishonestly in misrepresenting themselves as the solicitors acting on their behalf. In particular it is suspected that the above mentioned telephone call to Horwich Farrelly to telephone number stated on the claim form (0161 8334418), may have been that of the claimant and that the person the defendant spoke to may have been an employee of the Claimant, despite identifying herself otherwise. The defendants concerns have been raised with the Managing Partner of Horwich Farrelly.

11. When the defendant made the application to have judgment set aside the claimant de-instructed Horwich Farrelly and appointed new solicitors to immediately apply for a charging order.

12. The defendant believes that since December 2008, the Claimant may have acted dishonestly and have engaged in a business practice that is deceitful, oppressive, unfair and improper (whether unlawful or not).

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimants claim at trial.

Statement of Truth

I believe that the facts stated in this Statement are true comprising of XX pages plus .

Signed ………………………………………………….

Applicant

Dated xxx XXXX 2009

To the Court and

to the Claimant

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hi robin,

im not sure u need to file and serve a Witness Statement, its not been necessary in my experience and ur showing ur hand very early.

as far as im aware, u have made an application to set aside the default judgment. u have been granted a hearing in september, at which u and some representation from the other side will sit with a District Judge and put your relative cases, on which he will either decide to set aside or not, or give further directions for another hearing.

as an example, at my first hearing the DJ said the CCA1974 was too complicated for him to sort out there and then so i should file and serve a defence within a set timescale and the other side should file and serve a reply to that defence such that he could then make an informed decision based on the facts within. so i would be tempted to keep my defence points under my hat at the moment.

 

if u havent seen this already its worth looking thru and relevant to ur case i believe:

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/139232-hfc-restons-charging-order.html

 

added: i personally would steer away from the admission as much as possible. also any accusations i would imagine would need very careful wording or substantial evidence.

just my opinion and others will hopefully put their views

Edited by r&b
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Hi R&B

 

Take your point. Will look at other thread as well. Am I right with my thought process with the application to set aside in as much I need to give a good reason to set aside and show that I have a reasonable chance to defend POC.

 

Also looking further ahead any opinions on the doc posted which presumably would be my basis for a defense.

 

Just a bit confused at moment:confused: as thought I was beginning to understand proceedures in dealing with this and then maybe not. Guess many others are same as hearing in Sep is vitally important as they are trying to get a charging order.

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hi robin,

as its a default judgment set aside comes under CPR13 as u have found, so i believe ur thoughts would be correct regarding a defence. u probably need to make as best u can before u receive any docs on which to add further so reading thru some threads may prove useful in associating urself with the requirements of the CCA1974 in regards to those docs.

re the charging order, in my opinion i wouldnt worry too much, even it was granted and made final. with a young family in this present environment it is highly unlikely that a judge would force the sale of ur house. my collection runs to 3 at this moment in time:(

are u unclear as to what will happen at the hearing or smth else?

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Hi R&B

Yes foreign ground for me at hearing. However I presume that as I made application to set aside before interim charging order that my app will be heard first. I am worried that I don't know how much or how little I should include in my evidence to set aside. Advice on this is my main concern right now. I'm sure there will bo many others as time goes by!!

 

Looking at other thread now. It does seem relevant. Will continue reading it.

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more reading re the hearing:

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

at the hearing u will have the opportunity to put ur case, what u include in that should be the facts that determine why u believe the judgment shud be set aside. at the moment u seem to have issues with their conduct and the assignment of the debt along with the fact that no documents have been made available such that u may assess ur lawful obligation.

as i have said before it may help to format a defence and skeleton argument which will aid u thru the hearing in logical steps so u dont get lost and make it very easy for the DJ to follow.

if u think that might be worthwhile, IGNM is extremely knowledgable on these matters and his posts #6 and #14 on this thread show how to set them out.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html

 

forget the underlining as this was for an amendment on his part. the defence shud be short and to the point and the skeleton can be used to put any statutes and case law to back up ur defence.

this is not totally necessary but cud make it a lot easier for u to make and understand ur case.

 

id ideally like some other opinions in case im missing anything....

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This is becoming a full time job, but absolutely necessary as so much at stake. Sill working through other thread and will check out ur other suggestions after.

 

Presume what you are suggesting is to have a template for my defence at the hearing and when I'm able to speak then work through that verbally. Is this correct.?

 

Appreciate other opinions as u suggest. How do I get those or do I wait until someone else picks up on my thread?

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This is becoming a full time job, but absolutely necessary as so much at stake. Sill working through other thread and will check out ur other suggestions after.

the idea is to build up a general knowledge of the points required, the more u go thru the site the more acquainted u will become and the easier it will seem (never easy tho in my experience lol)

 

Presume what you are suggesting is to have a template for my defence at the hearing and when I'm able to speak then work through that verbally. Is this correct.?

yes thats it exactly

 

Appreciate other opinions as u suggest. How do I get those or do I wait until someone else picks up on my thread?

 

 

we ll just have to wait for people to happen upon the thread but keeping the posts active will put u at the top of the pile, making it easier for people to see.

if there is anything really urgent there is the red triangle at the bottom left of the post which will alert the site team should it be required.

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Thanx R&B your help has been invaluble. Going to take a bit of a break now as my brain seems to be going into meltdown.

 

Would appreciate it if you would keep an eye on my thread. Im sure I will have many more questions and requests for help along way. However just to make sure I am still on track, despite putting in N244 previously and having hearing date set, I should:

1. put together a statement of case and send to court and claimant as original evidence on N244 just limited to irregular default judgment.

2. that I have plenty of time to do this as hearing is beginning of sep.

 

This probably highlights brain in meltdown!!! but advice appreciated.

 

Hi all,

Just been reviewing some of paperwork. I've just noticed in the Application for Charging Order (N379) that the date the claimant received judgment is wrong. Accordingly the Interim Charging Order refers to an incorrect date that default judgment was obtained. Its only 2 days, but its still incorrect.

 

Advice needed as to its usefullness and if so how should I play it??

 

Had no feedback on my last post re wrong date for judgment put on application for charging order and actual order for interim charging order. Any help greatly appreciated.

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I have alerted the site team to your question Robin.

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little bump here,

anyone know the answer to the above?

 

robin, if it were me, id try and make as much fuss as poss with any innaccuracies, but my guess would be that it depends on the judge on the day, some may say just chge it others may not.

hopefully someone can give a definitive answer however.

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Thanx again R&B.

I've taken on board all you have said before and feel that I still need to write to court re app to set aside (not a defense). I've been busy drafting it and will post it here when done. All feedback welcome when I post it.

 

Quick question. Seem "bump" in many threads. Im guessing its when someone is asking for other help. Am I right?

 

OK here goes. To follow is draft letter to court and claimant re hearing date for set aside. As previously stated, this is all new for me and trying to get it right first time. Comments greatly appreciated:

 

Dear Sir or Madam,

I would refer to my application for a set aside of the Judgment given in this case to the Claimant and am writing to expand further on my application. I appreciate that I will have an opportunity to do this at the hearing but I would like to bring the following to the courts attention at this stage to ensure sufficient time is allowed at the hearing.

 

I believe that since the claimant first contacted me they have acted in a business practice that has been deceitful, oppressive, unfair and improper, whether unlawful or not. To support this statement I show below the sequence of events for the entire time the Claimant has been known to me.

 

1. The Claimant sent a letter dated XX December 2008 addressed to “The Occupier” at my above address (Copy attached). This was the first time I had heard from this company. I had never heard of them before this nor had they ever written to my address before during the time I have lived here. They falsely stated in the letter that post had been returned “gone away”. Post had not been returned “gone away”, I now believe it was just a ruse on their part and I ignored the letter.

 

2. Second letter received from Claimant dated XX January 2009. This was addressed to me and was headed “FORMAL DEMAND FOR PAYMENT” (copy attached). They have failed to properly identify themselves or in what capacity they were writing to me as their letter clearly states they are debt collectors and they are collecting money due to “ROBINSON WAY EX CAPITAL ONE”.

 

3. I sent a letter to the Claimant dated XX January 2009 (copy attached). Basically, I pointed out that (a) it was unclear who they were and in what capacity they wrote to me, (b) requested a copy of a Credit Agreement, © responded to their letter dated XX/12/2008, questioning the reason for it, and (d) asking who they were. The Claimant never replied to this letter.

 

4. Third letter received from Claimant dated XX February 2009 stating “APPOINTMENT FOR HOME VISIT” (Copy attached). Again letter unclear who they were and in what capacity they were writing to me as again they state they are debt collectors collecting money due to “ROBINSON WAY EX CAPITAL ONE”.

 

5. There was no further correspondence to or from the Claimant until a Claim Form was received dated XX March 2009. The Claimant was stated as ROBINSON WAY & CO LTD (ASSIGNEES OF EX R/O: CAPITAL ONE).

 

6. At this time exceptional circumstances, as explained later, meant that I was unable to take advice or be able to attend court to defend myself, therefore I felt I had no choice and reluctantly returned the admission in accordance with CPR 14.4, requesting time to pay in accordance with CPR 14.9 (Copy attached). I have proof of posting by first class recorded delivery on 31 March 2009 and proof of delivery on 01 April 2009.

 

7. I then received a Default Judgment dated XX May 2009.

 

8. On XX May 2009 I telephoned the claimant solicitors, Horwich Farrelly. I spoke to a person called XXXX on extension XXXX (she refused to give her last name) and she confirmed that they had received the request for time to pay but the amount offered was not acceptable to them. I pointed out that I believed they had not acted in accordance with Court rules and she said that there was nothing they could do and suggested I applied to set aside Judgment. I requested that they agree to the default judgment being set aside so it could be dealt with without a hearing and save on costs and court time, but they declined.

 

9. Notice of hearing for set aside received dated 25 June 2009.

 

10. Claimant applied for and received an Interim Charging Order on 29 June 2009.

 

I would ask the court to agree with me in determining at the very least the claimant has acted unfairly.

 

I would also aver that the Claimant failed to deal with the admission in accordance with CPR 14.4, requesting time to pay in accordance with CPR 14.9 and that obtaining a Judgment for Claimant In Default is an Irregular Default Judgment as the Claimant failed to follow CPR 14.9 and 14.10 with the rate determined according to 14.11. I believe that this alone allows the court under CPR 13.2 or 13.3 to set aside judgment.

 

Further, the above events show that the Claimant failed to follow Pre-action Protocols as set out in Practice Directions – Pre Action Conduct.

 

Quite simply, if the claimant had acted with professional diligence and also followed pre-action protocols I would have been clear with what I was dealing with and would have asked for some time to deal with the exceptional circumstances, explained below, to allow me the opportunity to take advice and consider my defence.

 

The exceptional circumstances making it impossible at this time for me to make proper decisions, take advice or attend court to defend myself were that I was totally drained both physically and mentally and had received very little sleep for many weeks as I was caring for my mother in the later stages of a long and painful battle with cancer. From February 2009, my mother was unable to care for herself, was bed ridden and needed 24 hour care and attention. She remained at home with me until she passed away XX April 2009, with her funeral on XX April 2009. In addition to this for some considerable time I had been looking after my 2 young children (now 5 and 6 years), and my wife who is suffering and continues to suffer from severe depression requiring my care. Additionally, I was caring for my seriously ill father until he passed away XX November 2008.

 

With regards to the Particulars of the Claim, given the opportunity, I believe that I can successfully defend this action and give below a brief summary of my defence.

 

I deny that I am liable as alleged in the Particulars of Claim, or at all.

 

In respect of the alleged agreement it is denied that any such agreement was entered into by me and the Claimant is put to strict proof that such an agreement exists.

 

Should it be proved that such an agreement exists, it is denied that the claimant has the legal right to enforce that agreement and therefore is put to strict proof of their rights of ownership by way of Assignment.

 

I deny that a valid Notice of Assignment was received and therefore puts the claimant to strict proof that one was issued in line with the Law of Property Act 1925.

 

I deny that a default notice was received from the claimant and therefore the claimant is put to strict proof that one was issued and of the contents supposedly stated therein.

 

I deny that a termination notice was received from the claimant and therefore the claimant is put to strict proof that one was issued.

 

Should it be proved that such an agreement exists, it is claimed that the claimant has acted unfairly and therefore the claimant is put to strict proof that they have acted fairly.

 

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimants claim at trial.

 

Please note that I will respond to the application for a Charging Order later, but within time limits.

 

 

------ Spent long time doing this but understand it may need tweaking. I'm not proud just need continued guidance -------

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hi robin,

i think ur points are valid but im just worried that u may be giving them a heads up on your plan of attack.

i believe that for the set aside u really need to just deal with the facts of the judgment. u may be better off waiting until u get some form of reply to ur disclosure requests such that u can then attack from that angle and have the back up of statutes and case law to guide the judge.

did u add the other docs (DN/TN/NoA) to ur 31.14 request btw?

 

alternative views have been rather sparse which is unusual so if anyone has any please air them.....

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Hi robin

 

your doing very well with all this... im going to put on my thread....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167654-help-ccj-charge-home.html#post1806364

 

Its quite long reading but you can skim over bits, mine is very similar to yours and you may get some ideas from it...i also added to my set aside application whilst it was already with the court.

 

As r&b has said you may not need to be so elaborate with your addition to the N244.

 

And "BUMP" means bump up my post, just shoots you back up to the top of the pile for extra help.

 

Someone will be along to advise on what you should/should not send very soon....hang on til early evening as some of the site team will prob be logged on then, if no reply try your red triangle again;)

 

R&b is keeping you on track:D

 

All the best

 

MJ:)

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Robin, I have hit the triangle for you.. site team are now aware of your query. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi R&B

Thanx again for advice. Guess I'm trying to be a bit too open with other side at this time. OK an I right that despite what was originally put on my N244 for the set aside that I can add to it and elaborate to it at the hearing.

 

Would I be able to produce the copy letters referred to in my earlier posting as this was not included in part 10 of N244 nor was a statement that I felt I could successfully defend the POC.

 

Thanx MJ for joining in.I will look at your thread later. I'm sure we are all the same when it comes down to opinions on what to do. We are always worried that something so important can go badly wrong. Will let you know where your thread will help.

 

Finally thanx citizenb for getting the site team involved. Just hope I can learn more and help others in time.

 

Sorry R&B

Yes I did include DN/TN/NoA

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hi 42man

thanks for adding some clarity. would u suggest waiting until the OP receives some form of documentation from his requests or submitting smth along the lines of his posts 27 & 43 as soon as poss?

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Hi 42man & r&b

Just checked here quickly as I need to be out most of day but back this evening.

 

Advice on Witness statement would be gratefully appreciated and to its content. Any advice on timing is important to me (hearing date for set aside and making charging order final 04/09)

 

To clarify my situation further part 10 on N244 app to set aside was.

box ticked "the evidence set out below"

 

"Form N9A together with my letter dated XXXXXX was served on the claimant by first class recorded delivery on XXXXX. The claimant failed to deal with the matter in accordance with court rules and wrongly made an application for and obtained the default judgment. On XXXXX I telephoned Horwich Farrelly and it was confirmed by a lady called Toni on Ext XXXX (she refused to give her last name) that they did receive the documents served XXXXXX and that they had not been processed in accordance with court rules.

 

I asked that in order not to waste court time or incur unnecessary costs that they agree to the default judgment being set aside so it could be dealt with without a hearing. They declined. When asked if this could be resolved any other way they said no and I should apply for the default judgment to be set aside.

 

Evidence attached. Copy of N94A and letter dated XXXXXX. Copy of proof of posting by first class recorded delivery.

I would ask the court not to allow any enforcement of the judgment until after the hearing takes place to set aside the default judgment"

 

Hi R&B and 42man

Any further opinions on witness statement. Look forward to hearing back.

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hi robin,

in the absence of any better advice, id be tempted to await any docs b4 submitting, as the last thing u want is to submit, then receive unenforceable docs and have to apply to change everything. u have enough time to wait and any non compliance with ur disclosure rqsts can go onto the WS.

as a separate note, keep an eye on the date u gave for disclosure and get the reminders straight off giving 7 days to comply etc etc it will all bolster ur case.

of course take any other opinions from people who know the score here.

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Hi R&B

Do take that on board, but is there any time limits on WS's and are there any templates around so I can start putting one together.

Yes, I have diarised for 31.14 to chase. Again, any templates for chasing.

I also sent a S78 CCA rewuest for copy of credit agreement to RW and time limit is now up. Should I not pursue this now in view of 31.14 or should I chace this as well:confused:

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Hi R&B

Do take that on board, but is there any time limits on WS's and are there any templates around so I can start putting one together.

im afraid i dont know the answer to that robin, but i dont think there are hard and fast rules as to time on that, most of the CPR i believe relies on 'reasonable' as a key word, but i may be wrong.

there are numerous examples for varying cases if u search thru the site. although the content may not be of use the format might help, post 5 here :

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

Yes, I have diarised for 31.14 to chase. Again, any templates for chasing.

I also sent a S78 CCA rewuest for copy of credit agreement to RW and time limit is now up. Should I not pursue this now in view of 31.14 or should I chace this as well:confused:

im not sure there are any templates but maybe look at PT2537s 31.16 thread and rejig that reminder, to suit.

the s.78 request is a bit of a non starter at this point (tho worth a try) as the judgment supercedes the credit agreement and therefore frees them of that liability.

 

if it were me i would prepare a WS without the docs, including the fact that i had made disclosure rqsts, ready to go at short notice and also have a few ideas ready in case the docs do turn up, so u can get them off as and when necessary.

sorry its not great but thats all i can think of at the present time. u may find time well spent trawling thru some threads that have had a similar issue to yourself, its amazing what u pick up, even if it is a bit brain draining.

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