hiya manc pls learn from my thread as it looks like i didnt follow the cpr rules to the letter and have now a ccj, and dont think its feasible for a set aside, as looks like i will end up with costs, but hey im still mulling over for this weekend whether i have any choices left or not - if not stuck with the ccj and then must try and get help in getting it turned into a monthly payment scheme, i feel really down with this for myself - as i thought i was doing all the right things and then i rang them for an extension of time and i must of done something wrong as i ended up with the ccj anyway, here is my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls

hiya caro and ford just logged in and i agree the set aside is the best thing now and remembering the phone call, i was told by claimants that even if judgement had been given to me on the day of the defense, then they had still 28 days to send me the info on the cpr letter request by me to resolve this, i think now on reflection it was something to assure me but as the 28 days are now nearing, im going to go for the set aside as i really dont believe that it was said to help me as they got judgement applied for it after the day of my defense , hence yes i agree im not holding on to the claimants word, but must put this factual conversation into my set aside wording to show the judge that i accepted the claimants word that they were putting the claim to stay with the court and would be sending me the info as i had requested but still havent, and my gut is telling me it was all said as a smoke screen -just my own interpretation of course just going to do my best and yes it will cost me but its worth a shot i think cheers for your help and will update you asap angel x

HIYA caro and donkey is it best to do the n244 set aside first ?? and not to send my letter stating still waiting on the cpr info as promised ,and asking them to set aside the judgement and if they dont agree then i would then do the set aside application. as donkey states, its not really claimants priorty is it to supply the info as judgement has been passed but if i do nothing, i haVE A ccj, and this is something im angry about in the manner its been processed using the northampton court bulk centre, and i feel like writing to my mp about this that a claim can be processed without any paperwork when the claimant admitted to me that they would now have to write to mbna to get the info from them before they could reply to my cpr, and thus this is madness paperwork should be available at the point of a claim surely? can i include something of this within my n244 for the set aside too? sorry im rambling , will look in later but i want to show being reasonable to im worried as it appears as a forthwith judgement link will try and get a charging order as judgement only given on 16.11.10 - shouldnt i be doing a redermination or something to get monthly payments, to stop the charging order or by doing the set aside, i dont have to worry about the charging order yet? are there time limits here that i could fall foul of if i do one thing instead of another? catch up later cheers for any help guys, angel x

hiya Cadbury my inbox shold be cleared a bit, cheers angel x

thank you caro having had a few sleepless nights, let me reflect on this i think you are right let me be showing the court that im trying to resolve this therefore need to put a letter to link stating what you have said and giving them a few days as they have now had a few weeks to send me the cpr info anyway and havent, and then i will do what you have stated, For future benefit i will not be making the mistakes i did with any court papers and my cpr request again - will follow the rules. For now have to do the best i can do cheers angel x

hiya all looking in for any support in what's best to do otherwise i will have to go with my gut feeling about what ive expressed in doing, will look in later cheers angel x

Well Caro, again thanks to you and PT with my luck i dont envisage any luck in getting a result with a verbal phone call in asking the person i spoke with about consent to set aside the judgement, so i should really put it in writing and draw their attention to our previous conversation about them confirming with the court to stay the judgement and also to let them know i still have not received any info to my CPR31.14 request and to ask when should i receive it by i then have something in writing to them and if they dont reply to this letter then would i have better grounds for sending in my n244 for my request to set aside the judgment, and how long should i put in my letter for them to send me their reply by too pls Not too sure if i have a time limit that i have to send in a set aside application and paying the fee myself cheers angel x what do you all think ?

hiya caro yes exactly my thoughts - having understood from pt2537 that now getting a request for a set aside so i could wait for the documents to be sent to me which is what they of course promised verbally and should have done - but yes maybe lets go out in a blaze of either glory or just end up with the costs if i fail- but yes i would like to think my dilemma may bring forward the knowledgeable opinions, i will wait til tomorrow for any updates, and for replies, thanks for your understanding, cheers angel x

hiya birdie i wish you lots of luck and understand where you are coming from as im in a bit of pickle with link financial and me getting a tad confused with what i should have done when they too didnt reply to my cpr 31.14 request, but hey only way to learn i guess, now im facing a n244 for a strikeout request, boy this site gives us hope though so chin up and lets learn from others, take care angel x

Many thanks caro having understood the points you have kindly explained, i have had no information from the claimants for my requested info under my cpr31.14 letter which was sent special delivery and thus i have a signature, even if i explain everything on the n244 for the set aside - have i misunderstood that i would incur the costs as no defense was able to be made as the claimants had failed to send me the info but of course i understand now that i too failed to tell them on the 8th day and warn them that if i didnt get the info then i could have asked the court to request the documents on my behalf with my court order request. Until i get the documents requested i cannot enter any defense, but im frantically looking for anything i may have already had from them anyway, so had i put in a embarrased defense it would still surely have put me in a costs situation - but i avoided putting in the embarrased defense as i had verbal dealings with the claimants legal team on the day i just didnt inform them in writing of our conversation only the court but as a lIP i didnt believe that the claimants would go back on what they confirmed to me - hence where im at today. But i feel i need to give this a shot even if the costs are added should i lose, but if i call their bluff and hold fire and they dont send the requested documents or if there is anything wrong with the documents then the defense would be worthwhile - at the moment i feel if i dont do anything, ive lost before ive even had a chance to see if i had any defense at all - had they complied with my cpr31.14 i would have had that advantage of knowing before i put in a defense or accepted i had no defense hope the above makes sense, i would like to put the n244 very quickly no worries on that part, im also happy to put in my sars request to the claimants too, worth the 10.00 - hard lesson never rely on verbal communication again dont worry always follow up with requested written conf, which i did ask them to fax me but they never did and wouldnt agree to a written confirmation to me as they couldnt give an exact date of when their team would comply with my cpr31.14 request, this is where im angry with myself with i guess that i truely believed them - hence its all a learning curve i appreciate any other follow up from my above comments, thank you angel x

hiya coledog thanks for the info, and here is my thread if you can spare a moment to read cheers angel x http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls

hiya pt2537 further to my previous post 111. thinking now can i request a sars to the party who are in the proceedings now ie Link Financial i understand the 40 days for them to send me info, would it be useful at this moment to me as im trying to get the set aside done anyway cheers angel x

hiya cupcake very well done and ive saved your thread as ive learnt something too from others info to you- i will use the info no doubt in the future let us know when you get your costs paid that would be the icing on the cake for you cheers angel x

thank you Ford i have also now read the info ref set aside where you gave me the link, i understand that i have to basically include everything i did and what was told to me by the claimants and to date i still have not received any reply to my cpr31.14 letter but have had other info from the claimants more or less requesting payment information from me, thus i should include everything on the n244 shouldnt i, and also state i was unable to put in any defense as claimant had advised me that they had asked the court to stay the claim until i had received their info to prepare my defense, but of course that has not happened as they requested the judgement again the day after my defense was due. So in the best interests of justice i politely request that the judgement is set aside and for me to receive the documents promised and then be allowed for me to present my defense is the above okay as such to enter on the n244? cheers again angel x

hahahahhah:razz: thank you, just really not sure what the hell im doing in wording it, am awaiting on a bit of help so will keep looking in for updates whilst trying to have a bit of lunch catch up soon been a bit away from here and now trying to again deal with all these silly creditors laters angel x

hiya Undercover Elsa hope you remember me - im too where you are at and so having to look at this but today trying to sort out a n244 application for a set aside on a ccj with link arghhhhhhhhh catch up laters and cheers bigyeti too Angel x

hiya all - polite bump will wait and log in afternoon cheers angel x

hiya yes and pls dont do what ive done - a hard lesson learnt good luck angel x

hiya all further to having read posts no;s from 27 to 32 on this below thread http://www.consumeractiongroup.co.uk/forum/showthread.php?281982-Court-claim-from-Link-Financial.-Please-help. this is interesting and is where i should have been if i had done things a lot quicker, but now having to do the n244 for a set aside instead having read a lot of info on the links given by everyone thank you i believe i have to state i have sent in my aos, and agreed with the claimaint for an extension of time but the ccj was wrongly applied in error as my confirming fax letter arrived at the court Before the end of the defense time i had to put in my defense therefore i am requesting that the set aside is considered as i am still awaiting on the cpr 31.14 requested info by me from the claimant and until i receive the info i cannot put in my defense any other help appreciated cheers angel x

hiya joan wishing you lots of luck found your thread today and i will be reading later as i need a bit of help ref a set aside im doing on a n244 so im hoping i can glean some useful info as link is the claimant too have a fun eve though angel x

hiya bigyeti found this thread of yours and now i will spend a bit of time to read everything and i may pinch a few of your quotes but in my own words in my letter of course you are a gem will keep you updated cheers angel x

ahhhhhhhhhh well that kind of whats happened to us, i wasnt using the account for quite a few years but was slowly clearing it with credits via online from my other bank account when i could but once the 1.00 a day hit the account of course it became i was just clearing the 30 pounds a month and my overdraft amount never really lowered, now they are threatening me if i dont start crediting again as i had stopped for a few months they will close my facility and then im not sure what they would do So to clarify now what did you do - send a 1.00 postal order for a copy of the agreement? any info would be appreciated so i guess i could do what you have done and see where that kind of takes me cheers angel x

hello angel lol (bigyeti) unfortunately, no i didnt jump from them as i couldnt get another account to cover the overdraft so i tried to pay a bit off each month and keep me within my agreed overdraft to lesson the 5.00 a day impact, so am paying the 1.00 a day still but they didnt reply to my complaint and i feel i need to tell them this and also maybe now include that they need to prove that i agreen to the new charges but they may well say that since ive been crediting the account but not using it, i may have agreed to it but i really was only trying to protect me as surely 5.00 a day would crucify us even more so yes could do with another angel here will try that thanks have a fun day angel x

Hiya bigyeti are you saying that you asked for a copy of the agreement to the new charges on your bank account? as of course we dont have it do we? therefore i would like to try the same since they havent come back to me on my complaint which unfortunately, is from last year and ive let it slide and i need to address this now cheers for your help angel x

hiy pt2537 in reply to this it was alliance and leicester who the mbna card was with who now and i wonder if they have Really sold it to link as im not really sure as i noticed an email in my inbox the other day stating my online statement was available to view from alliance and leicester, but if they had sold to link why the email ref this account perhaps i should now do a sars to link - which im happy to do if it will help with my set aside and n244 form im still unsure what to put in have put my concerns on my own thread sorry to keep asking questions, but once learnt the answer wont be asking them again cheers angel x