Hi it is done and dusted struck out - what is it you are wanting to know are you wanting help with something?

mmmm it was a withheld number too which does make it even more suspect - a courier would not have a withheld humber .........

would a company travel from London to North Yorks to deliver a stat demand?

but i thought it has to be served by a court official?

mmmm rather odd - i have been batting DCA's around for ages but this is a new one on me - wondered if it was a stat demand being delivered ?

all my creditors have my number but they stopped using it a long time ago

Hi Hope everyone is well I today received a phone call from ABC Couriers in London saying they will be driving up to deliver business papers tomorrow and just checking they had the correct address - any clues on this one guys??

Hi Please can someone tell me where I can get a copy of the above? x

I understand that - are you saying you were naive to what was happening? if you never recieved the court documents it is an ideal opportunity to get a set aside - it is a shame you were not aware of this site prior to it happening - did you not receive any documents from the court?

Hi Max Reading your thread with interest - can I ask why you never applied to get this set aside if you never received the documentation?

Hiya Many thanks and if you do need anything just yell - if I can help i will

Hi I work in the same same sector and it will definately show up - if you are honest and declare it you have more chance of getting the post - if you try and hide it you will be caught out and could end up being dismissed - honesty is the best policy - Good luck

set aside is £75 i have called today

Hi Abigail Have a look here http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/121414-court-date-12th-december.html I took these on and won - everything you need is here just adapt accordingly Good luck if you need anything further just let me know

Hi it was only issued on 23rd May

being reading about it and I am really scared now - how long have i got before bailiffs turn up

Hi thanks for that I will certainly use bits of that. I am struggling with the reason I am asking to set aside - i did acknowledge the claim but my defence is still in the system and missed the deadline (court have not received it) they advised I put a set aside in but not sure how to word it

Hi thanks for that - I have read it but am still at a loss as to what to put down on the N244 - I did CCA the DCA (recorded delivery) and not received a response this was back in January - i can send all papers with the N244 (should I do that) I just do not want to leave myself open to fire

Hi Thanks shadow - I have trawled and trawled, the only things I can find are if they have never received the summons/paperwork - not if they missed the defence. I just need to know what wording to use on the N244 and whether or not I should say it has been lost in the system?

Thanks will wait to get further advise Any help with the wording on the set aside would be useful - never done it before

Hi This is my defence that was sent - is this ok or should I add anything else on the set aside??? I have asked for disclosure of documents related to this defence, including statements from the period of the agreement, a copy of the executed agreement, and a break down of all charges made to the account for the duration of the agreement. This request has not yet been acknowledged by the claimant, neither has the claimant sent such documents. Therefore, I respectfully ask the permission of the court to amend this defence as and when such information is provided. The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim or at all. It is averred that the Claimant having failed to serve a Notice of Assignment on the Defendant as required by section 136(1) of the Law of Property Act 1925, does not possess any legal right to issue a claim demanding monies allegedly owed. Under the aforementioned Act, the absence of a Notice of Assignment precludes the claimant from instigating these proceedings and continuing with the same. The Defendant puts the Claimant to strict proof that a Notice of Assignment was received, as averred in the Particulars of Claim. Accordingly, the Defendant does not know the case it has to meet and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing the claim is vexatious and amounts to unlawful harassment pursuant to section 40 of the Administration of Justice Act 1970. In respect of that which is denied, a request was made under section 78-79 (since I have no knowledge of the type of agreement) of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by recorded delivery on DATE to the Claimant’s Solicitors, with the statutory £1.00 fee enclosed. The Claimant has twelve working days from receipt of the request, to provide said document, which is stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. In response to the request, no letter has been received. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimants are in default of said request under section 78-79 of the Consumer Credit Act 1974. The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produced a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment. Further, in respect of that which is denied, it is averred that during the period in which any alleged account was operating the claimant, or the original creditor, debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The defendant understands that the claimant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant or original creditor. The defendant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the claimant; exceed any alleged actual loss to the claimant in respect of any breaches of contract on the part of the defendant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law. Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach. I put the claimant to strict proof that any notice of assignment sent to me was valid. I note that to be valid, a notice of assignment must be accurate in respect of the amount of money assigned. It is denied that any Default Notice was received from the claimant, and the claimant is put to strict proof that any default notice sent complied with section 88(1) of the Consumer Credit Act 1974, as to form and content, and has therefore been registered with Credit Reference Agencies unlawfully. The Claimants are not entitled to claim interest, as they have not established a legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely unmeritorious and should be struck out for the aforementioned reasons.

unfortunately not!!

Hi it is from the day it was delivered - I believe

Hi I have today received a judgement for claimant - i acknowledged the claim but failed to submit the defence in time. Any help with which form and how to complete Would I be able to use 'missed deadline" as a reason to set aside - any guidance appreciated Hi I acknowledged online and posted the defence off, the judgement had been issued prior to them receiving it - they still have not received it

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