hiya all just looking in for any further advice re my last post

cheers will look in again after 1pm today

angel x

hiya all

further to my post no 63 just thinking now = would it be wise of me to confirm my telephone conversations with the claimants with them and like you said pt2537 in your posts nos 49, 51 and 52 can i clarify then by obtaining the verbal agreement with them which i also confirmed in my letter faxed to the court, would it be wise to send the claimants a letter either me requesting that i have the information in 28 days from that date for them to reply to our agreed extension or to confirm in writing to me when they plan to have the info sent to me... or should i just do the n244 and put in the facts of this and include a copy of my fax that the court received in time before the deadline of my defense time on that day.

so am i right that all is not yet lost as long as i now follow to the letter what you all tell me and im really sorry i confused when exactly the defense was due and had left it really late to that day

cheers for your input much appreciated

angel x

hi angel

 

just some further info re 'set aside' http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

Hiya Ford

fab thank you lots, i feel so much better now have a fun day tomorrow will log in again tomorrow cheers angel x

hiya Beachy

i wonder if you could glance over to my thread, i know you have had a few nightmares with this claimant, i could do with some help and guidance if you pop in cheers angel x

hello pt and ford

many thanks for your huge input on my behalf, came back tonight to see what i can do

I have to agree, i need to be more savvy in these things and while ive read threads and tried to understand what is being said to me i too also have to be clear in what is happening my end

reading back i think i didnt explain properly where i was at each stage, i got the court papers, sent in my defense online about after 10 days - before the 14 days deadline, then i sent my cpr 31.14 letter, the 7 days was officially the wed before i needed to put in my defense the following monday,

i tried to get the verbal extension time agreement on the saturday was told that it would be escalated to the legal team for monday as they had no legal team working on saturday, i rang on the monday morning first thing, and was told it had already been sent by their london office for judgement, but they confirmed to me that they had already confirmed with the court to agree to hold it on file and they agreed to an extension but were unable to give me a date but would allow me at least 7 days after i had received their documentation, only proof i have is the phone call records made to their telephone number and my calls to the court.

~Of course when i had called the court the judgement had been rejected as my defense was still due by 4pm that monday,

hence i got the agreement verbally and then sent the letter with a full explanation of the above and faxed the court which they received well before the 4pm deadline, but i didnt do the n244 or any defense~

the letter from the court states judgement was entered by the claimant on the 16.11.10 i guess by manual effort, and thus the N244 form has been enclosed for me to complete if i consider this to be incorrect, which is where i think i stand but whilst i understand the application for judgement to be set aside is not automatically granted surely i have proof of

my cpr letter being received by link correctly - i have a signature,

my phone records to link and the court

my fax letter received by the court before my deadline to summit my defense

how can i now word the n244 correctly for any fighting chance - the notes suggest that i provide a reason for disputing the judgement that has been recorded.

== from this you are absolutely right pt, once any claim comes in the future as soon as i get it i put in my acknowledgement of service, then send out the cpr31.14 if not received any info by the 7 days, ring on the 8th day and get confirmation in writing from them, if i dont get any info that is required - then send in the n244 a few days before the last day my defense is due to be summitted - this way i hope to avoid what has happened to me on this one====

i look forward to all your wise words as i know that i wont be doing this mistake again but hey we learn from our mistakes, and things that have happened in my private life kind of took over my time which i will in the future ensure i deal with this kind of court defense more promptly

cheers for your help everyone

angel x

hiya pt,

i cant believe that after speaking with them they assured me that they told the court they had agreed to the extension of time with me but were unable to tell me a date as they were having to write to mbna to get the documents - are you telling me now that i still should have done the n244 even on my last day of defense and ignored what they told me about the extension?

Can I not inform the court that it was my conversations with them with their verbal agreement to an extension of time that i did not do the n244? or will i be laughed out of court because i believed the claimant?

i did the letter to the court as explained to me so that hasnt helped me then?

this could not have not at such a wrong time for me - so is its still a waste of time paying the 75.00 pounds and doing the n244 then?

appreciate your options if there are any and what can i go if i end up having to pay this now as cant pay in full the amount requested so what can i offer or is it possible for a tomlin order id read about some time ago

thank you

cheers angelx

hiya all oh dear

what have i done wrong, info from court that link got judgement and ive been asked to complete n244 form for a set aside application

pls help

just off to the hospital as other half not well, be back later hopefully, hope you can help as i cant think straight now sorry

laters angel x

Good Morning everyone thank you and so sorry i seem to have highjacked this important thread, will search out that thread with hfc and restons many thanks

have a fun day and yes i believe its all a bit of a delaying factor and if i sent my complaint to ico they need about 4 to 5 months to deal and thus i think court would be quicker and easier, cheers angel x

hello pt2537 and diddydicky

sorry didnt make myself clear i wouldnt send the originals only a copy of say my passport page with my passport no and info or a copy of my drivers license,

but like you state all info has been sent to me to my address for everything, why are they still wanting the id info, which i find very strange and i cant find anything on the ico site that it states that i Must send in that info if im requested,

anyway i think that i may have the majority of the statements anyway but the credit card was an mbna one but with alliance and leicester, the sars i sent to alliance and leicester, but should i also do a seperate sars to mbna too?

cheers angel x

hiya pt

got you thanks, so as ive already asked for the sars info and the original creditor was asking me to send it some form of id, suppose i could do that instead and see what i get back without doing the cpr section 18 letter

im still a bit uneasy in sending a copy of drivers license or passport suppose best send it special delivery to ensure it arrives ok,

if i want the sars info i suppose i have no choice but to send in the id

catch up laters angel x

hiya all

sorry didnt manage to get back but will look further at the threads regarding cpr 18 again, catch up later angel x

hiya all

just looking and re reading again about cpr part 18 now understand its for information only, so could i perhaps do this request for say statements for the life of the account? and what other info could i ask for

cheers angel x

hiya all good evening

what a corker of a day phewwwwwww

anyway now ive had something to eat and drink, would it be wise of me to also send the letter mentioned requesting for specific information ie could i not ask for copy statements of the account from day one and anything else you can think of being useful, something regarding cpr section 18 - will be back in 5 mins after ive read back my thread

hiya update

faxed my letter to the court so now await for the documents, but hey guys HUGE thanks, ive learnt so much from everyone today,

it also proved to me that claims are sent to the bulk courts even without the claimant having the documents to support their POC,,, whilst ive read this perhaps before until today it never really sunk in

so another thing having read up on the CPR rules and what it means, of course its there to be used correctly for exactly the reason above, cheers,

off to do a donation to cag for the wonderful support ive so far had from you all - and i really am going to research a bit more and buy a couple of books that have been mentioned by you pt2537 on other threads, today was a great learning curve which i feel quite tired from but happy to see how things actually can progress correctly.

catch up with you later off to have a very late lunch cheers angel x8-)

Hiya all , have i tweeked what my letter to the court would contain so it shows the full facts only cheers angel x

thanks for all your input today much appreciated

will look in later angel x

hiya hope too well done , im still learning as i go on but without this fab site, id be lost, but im a fast learner and will use what i learn if other stuff happens to me so i feel more confident with anything i read and learn, keep well angel x

hiya pt

well no actual date could be given to me as they are reliant on when the information will be provided to them and then sent to me and they will give at least another 7 days after i rec the info to file my defense, the court has been made aware of this that the case is on hold therefore im happy to do that letter to the court to put my paperwork in order too, but i will have to tweek it i suppose to include what was factually said to me,

what you reckon cheers angel x

hiya hpmum any updates since the last post ?

looking in for further inspirations

cheers angel x

hiya am subbing today good luck angel x

okay pt, got the fax from when i rang the court so will try again and get a verbal agreement let you know in a bit cheers angel x

hiya pt sorry just read your post after i posted up reply from shadow

today is the last day for my defense yes i know illness took over but i wont let this happen to me again i promise - sorry

as ive said to shadow, the court has advised the judgement they rec from link last week today was rejected automatically as i still have til 4pm today for my defense to be sent it by mcol

but im just confused should i call them back and tell them i know the application has been rejected and speak to whom you recommend and ask him for the extension of time now ?

alsoooooooooo - with reply to your earlier points, im looking for default and anything else, and ive a feeling this might be an online application but not sure, gosh this aint looking good is it now im in a bit of a panic now - but appears they dont have the info to hand as they did tell me would need to request it from original creditor - why dont they have the info when they put these claims in????

cheers angel x

hello the shadow thanks for your help here now

i feel the same uneasy feeling but may be worth the notion of doing that letter advising the court that having spoken with them they did say that if the application had not been sent by their other team and was not with the court today they would have at least agreed to the extension of time at least another 14 days as they are having to request the paperwork from the original creditor etc, but they could only ring the court to see if they could cancel the application,

however, they did not know at the time of my early phone call it had already been rejected by the court and the court clerk did say they could not apply again today only by manual request from tomorrow, hence i might be better using this knowledge now that knowing the application is rejected i will take the goodwill of their offer of an extension as they are now in a position to do so with finding the application being rejected by the court which they will find out when they call the court wont they?

im still happy doing the n244 if it helps me best cheers what you reckon? angel x

hiya

well been adv this that the application for judgement been sent last week to the court and they are going to call the court today to see if they can stop the judgement being processed if not then judgement wouldnt happen til 28 days time and we will have to resolve between ourselves within that time, ( not sure if this a sneaky way to get judgement more easily)

cannot give me confirmation of an extension therefore shd i wait on any confirmation by fax from link no time of when fax will arrive to me today was given or shd i protect myself with doing a n244 today faxing and sending by spec del with fee 40.00

************phoned court and was advised they may have to do a manual application now as

ooooooooooooooppsssssssssss - the judgement been rejected as i have til 4 to do my defense or get an n244 form into the court today before then

i think best to do the n244 form what you all reckon now?

luckily i sent my requested cpr 31.14 correctly but now whats best to do cheers angel x

hiya all and again thanks pt2537 for your latest post, that i must inform the court as early as possible, with a confirming letter if i get the extension of time, Does it really matter if i dont get a confirmation from link in writing, will it be sufficient that i confirm this only from a telephone conversation ive had with them?

(( if not then understand will do the n244 with supporting witness statement and fax firstly and post special delivery)) but of course the extension of time is more beneficial to me for the time being as i dont have to pay for anything

Also sorry but having had a 24 hour bug over the weekend maybe the stress of all this, i take it that if i get an extension of time, i dont summit anything online therefore dont complete my defense,

if i have to do the n244 with the witness statement, do i still Not do the defense online,

I Only Do the Defense online Once i have the Documents ?

""""Having now read your post no 22 - i think i dont put in defense online as long as ive got an extension of time agreed and i fax the court and likewise if i still have to do the n244 """ so the clerk had told me that it best to do the defense quoting my n244 application is really a bit wrong then?

cheers still a bit groggy this morning, cheers and thanks again will look in again after 10am today

angel x

hiya everyone Very much appreciated all your guidance after yesterday i do feel so much better switching on my pc and seeing all your fantastic replies Thank you

as quoted also from pt2537 from the other thread you had given this below advice too

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