i have just been through this with Hillesden and a Black horse loan. My defence ended up a bit shaky and I made the decision that I would do anything to avoid a CCJ.

I proposed a "Tomlin Order" which was accepted

With this order you agree to a set repayment say £5.00 per week until the debt is paid off. This avoids a CCJ as it is sealed by the court and keeps your credit file clear. Be warned though, to get this Tomlin Order you are admitting to the debt, you get one chance if you miss a payment and then they can go straight to a CCJ. Make a real proposal that you can afford even if on benefits that you can keep to.

I offered £5.00 per week in my proposals. I told them as I was disabled and if a CCJ was obtained all they would get would be £1.00 a week set by the court. They made the commercial decision to accept my proposals.

You approach the solicitors if this is what you wish to do. It is not recommended for everyone as each individual circumstances are different

Speak it over with androych as he can give an idea as to the current strengths and weakness of your claim. It is just another alternative but you need to be sure it is the best option. I pay mine each week by standing order direct to Hillesden

Start by looking at what they wish to rely upon......

Power to strike out a statement of case

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

(3) When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4) Where –

(a) the court has struck out a claimant’s statement of case;

(b) the claimant has been ordered to pay costs to the defendant; and

© before the claimant pays those costs, the claimant starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

the court may, on the application of the defendant, stay(GL) that other claim until the costs of the first claim have been paid.

(5) Paragraph (2) does not limit any other power of the court to strike out(GL) a statement of case.

(6) If the court strikes out a claimant’s statement of case and it considers that the claim is totally without merit –

(a) the court’s order must record that fact; and

(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

Then look at your defence....what you have asked them to disclose in support of their claim...have they provided and justified their claim since......then convert this into a short succinct witness statement stating why their application should fail and why the claim should proceed to trial.

Regards

Andy

Thanks Andy some thoughts,

They have not been able to provide details of the notification of assignment only a screen shot to the outsourcing company.??

They did not have the required documents when they filed the original claim, thats why it ended up being stayed?

I now have issues around the charges applied to the account??

I am just enetering a joint debt plan with step change??

Just thought about do I have to have received in a certain time the notification for hearing??

do I plan to appear?

You did receive notification on the 18th Feb...the hearing is the 6th March....17 days...you have had plenty of time to prepare a response.

If you dont appear they will get judgment...your not there to state your defence/objections.

The date for the hearing on the forms is the 23rd delivered to home on 25th. Guessing the 18th was the one where Northampton notified moving to local court.

Morning guys,

 

Have now received papers from local court advising of a hearing on the 6th March. The hearing is to have the defence struck out. Can anybody please advise.

The date for the hearing on the forms is the 23rd delivered to home on 25th. Guessing the 18th was the one where Northampton notified moving to local court.

So is the hearing the 6th March or the 23rd ?

Sorry if \i am confusing, the hearing date is the 6th March, the date of the paperwork advising of that hearing is the 23rd February. The 18th paperwork was advising that Northhampton had transferred to local court.

Really lost on how to proceed here?

Still allows 12 days to prepare your response...you now have 4 days left

Have sent you a pm Andy

And response made Scotty

Example WS ...this is in objection to Summary Judgment...yours would be in objection to striking out your defence so dont just copy.

Witness Statement (example only)

1 This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

2 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Claimant terminated the contract.

3 I deny that I have ever received an effective default notice from the Claimant prior to the contract being terminated.

4 At trial I shall contend that under Section 87 of the Consumer Credit Act 1974 (The Act) the creditor must deliver a default notice which complies with all of the requirement of Section 88 of the Act and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 before the Claimant will become entitled to terminate the agreement and make any demand for early payment. It is my case that no default notice which complied in the respects referred to was ever delivered to me by the Claimant.

5 The Claimant contends otherwise and in support of its contention that a compliant default notice was delivered to me relies exclusively on a screenshot from a “Mida” system that shows the entry XXXXXXXXX NOD

6 I understand the claimant claims that NOD stands for Notice of Default.

7 The claimant has already admitted in a letter dated xxxxxxx that they are unable to produce a copy of the default notice.

8 At trial I will contend that the screenshot is inadequate for the purpose of demonstrating the Claimant delivered a compliant default notice. Under Section 88 (1) of the Act, for a default notice to be compliant it must be in a prescribed form and specify the nature of the alleged breach; if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken and if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

9 The screenshot evidences none of these things. The Claimant has already given notice that it will be unable to give discovery of the default notice relied upon. In the absence of production of a copy of that default notice together with evidence from a witness having first hand knowledge that the copy so produced was delivered to me, stating the date on which and the means by which the default notice was delivered to me, contrasted with my evidence to the court that a default notice was not delivered to me, I contend that I have more than reasonable prospects of successfully defending the claim against me.

10 Moreover, The claimant claims the default notice was sent on the XXXXXXXX and that the default notice if it could be seen by the court would show it had allowed XX days for me to rectify any default mentioned in it. Under section 88(2) of the Act, the creditor cannot terminate the agreement or demand earlier payment of any sum due under the agreement before the date specified in the default notice. Besides the fact that merely stating the default notice would have allowed XX days is non-compliant with the requirement of section 88 of the Act owing to the need to specify a date (rather than an interval of time), it is telling in terms of the Claimant’s credibility that if the notice was delivered on the XXXXXX and gave XX days for me to rectify any default mentioned in it as the Claimant appears to contend, that the claimant’s solicitor sent a letter before action on the 14th April 2008 demanding payment, being just XX days after the claimant claims the default notice was sent.

11 The delivery of the letter before action is good evidence that on or before XX XXXX, the Claimant terminated the agreement.

12 In any event, if contrary to my contentions and expectations, the Claimant should prove at trial that a default notice was delivered to me on XXXXXXX the Claimant will be unable to show by reference to that default notice that it subsequently became entitled to terminate the contract. If the termination followed on from the delivery of the default notice on XXXXXXX and which gave to me XX days to rectify any default mentioned in it, the termination of the agreement prior to the expiration of the period given to me in the default notice was a termination which did not then entitle the Claimant to demand earlier repayment.

13 without prejudice to my main contention set out above, the claimant now claims without any good or proper explanation, that the value of the original claim is incorrect and They therefore request the claim value to be amended to £XX XXX XX. Yet they have failed to provide proof of how this figure has been arrived. The claimant’s solicitor however did provide an Appendix which showed various calculations.

14 In the circumstances and in addition to my main contention, I contend that until such time as the Claimant has established a legal entitlement to earlier payment and given disclosure of material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the court to determine at the hearing of an application for summary judgment, that I have no reasonable prospect of showing at trial that the sum of money claimed (whatever that sum may be) is not owing to the Claimant.

15 The claimant also claims £XX XX in charges. I refute these are payable. These are default charges levied on the account for alleged late payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

17 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 Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed .

Date: xx July 2015

Statement of Truth

I believe the facts stated in this Witness Statement are true

Signature

Quick update is that I have been in touch with the court and asked for an adjournment as last Thursday I was a victim of a crime. Lets see what happens.

Guys I know its late in the day but had info from court today that Judge has refused adjournment request.

Am thinking will go early to court and ask to see Judge in private beforehand, would this be a possibility?

Also if hearing does go ahead on court docs it asks what order asking court to make and they have put "An order lifting the stay and striking out the defence under CPR3.4(2)(a) as it discloses no reasonable grounds for defending the claim." Further down under the witness statement, I think, they have also added The claimant seeks judgement in accordance with the attached N225 and judgement cost.......

Confused on whether the final judgement on the original claim will be made tomorrow or just the lifting of the stay strike out of the defence and then another later hearing on the judgement?

Appreciate advice if anyone is up and around.

Morning all, if anybody is around really appreciate some last minute advice?

Scotty, I have left a message for andyorch - he isn't around at the moment. When are you due in court ?

Ah..oh shoot, today ?

Just give a moment Scotty ...back shortly...

Guys I know its late in the day but had info from court today that Judge has refused adjournment request. Very difficult to adjourn an application hearing...you need the consent of the claimant

Am thinking will go early to court and ask to see Judge in private beforehand, would this be a possibility? No

 

Also if hearing does go ahead on court docs it asks what order asking court to make and they have put "An order lifting the stay and striking out the defence under CPR3.4(2)(a) as it discloses no reasonable grounds for defending the claim." Further down under the witness statement, I think, they have also added The claimant seeks judgement in accordance with the attached N225 and judgement cost.......

Confused on whether the final judgement on the original claim will be made tomorrow or just the lifting of the stay strike out of the defence and then another later hearing on the judgement?

 

No it will all be finalised today...like a mini trial...that's why it was imperative for you to submit a witness statement in response

 

Appreciate advice if anyone is up and around.

Best of luck...but its not looking good Scotty.

Andy

Got the adjournment for approx 4 weeks.

So sorry Andy should have said big thanks for the responses, can look at it properly now going forward.

Got the adjournment for approx 4 weeks.

Without the Claimants consent?....very lucky and very rare.

To be honest Andy

the claimant did give consent following SA taking instructions.

I did get to speak to the Judge alone and it was acknowledged that there was exceptional circumstances.

The Judge said that the claimants decision was sensible in the circumstances.

Just for anybody else reading please note that these were EXCEPTIONAL circumstances

and Andy is right this would not normally happen.

So now have the new date - 7th April. So Hillesden have provided copies of relevant paperwork so is there anything I can defend or should I go for a Tomlin Order?

Thoughts please.

The hearing is to be postponed again, exceptional reasons and at claimants suggestion.

With a Tomlin order is it worth negotiating on amount and as an example getting late payment charges etc taken off?

Appreciate advice