Can somebody please clarify for me if it is normal to receive 2 DN's for one account.

Thanks donkey. Will do. Go to court on the 23rd November.

Any help appreciated. Is a reconstituted agreement acceptable in court?

hi I have this morning received from Restons a 'reconstituted credit agreement'. It is basically a blank 'priority application form' with my name and address at the time they say I opened the account hand written on the form. There are no employment details or any other sections of the form completed and none of the signature boxes have been filled in what is this??

ok well the draft defence and the set aside request have gone in today. Restons have in the meantime obtained an Iterim Carging Oreder over my property for the amount owed, and the cort official indicated that all 3 matters will be reviewed at the hearing on the 25th November. So I guess I just have to wait. In the meantime I will endeavour to put a better and more specific case together in the event that set aside is granted and the charging order thrown out. Once again thanks to everyone for their assistance. cheers scrible.

hi I really appreciate all your help and guidance in this matter but I am beginning to panic. My replies need to be submitted to the court tomorrow . Please could you cast your eye over my reworked defense and let me have your feedback Burning the midnight oil tonight I think. thanks in anticipation Scrible

Once again many thanks for your time and effort. I have redrafted my letter in order to incorporate both the set aside and the draft defence to the Claim. Would you be kind enough to review it and correct if required? DRAFT DEFENCE date 6th November 2010 Dispute of Claim, The original claim was received by me on Saturday 18th September 2010 and Judgement for the claimant was granted on Sunday 19th September 2010. The claimant had served the Claim at my old address despite having been advised of my new address (attachment 1)and I believe this along with the fact that my post was on redirect delayed my receiving of the Claim. I have available the envelope in which the Claim arrived which bears a barcode presumably confirming the date of posting redirection etc if required.. I requested that the case be set aside in order for me to properley defend myself. Clearly given the lateness in receiving the Claim and the fact that judgement was entered against me 1 day after I received the Claim, despite having sent the Acknowledgement of service back the day I received the claim, I was unable to defend. I therefore request that set aside is granted in order for me to defend this claim and my defence will consist of the following draft points:- I have no reollection of when, where or how this account was opened and I have no recollection of ever having received an agreement nor what the opening credit was.However, I did utilise a GM account facility and I made regular monthly payments as required. Following a change in my financial circumstances and subsequent conversations with various advice organisations I was advised to request details regarding all my finance accounts (overdrafts, mortgage, loans, credit cards etc) (attachment2). With regard to HFC, I requested a copy of my original agreement along with the terms and conditions in order for me to assess my situation. HFC have not been able to supply a valid CCA as per my request and instead supplied a blank copy of an application form.I therefore ceased payments inaccordance with the advice I received from various consumer organisations. I have made the same request on many occasions and have received nothing to date. I have subsequently advised HFC and Restons Solicitors that upon receipt of a (true) copy of the original signed agreement I will endeavour to restart payments within my budget as I have with other creditors who have provided copies of the original signed agreements. Given that set aside is granted I wish to challege Restons under CPR to divulge to me and the court the documents upon which they are relying and to which I have no memory nor true copy of. Thankyou Scrible

Thanks for coming to my aid! So bearing in mind the threads I have read, should I keep the two very simple as donkey suggests or do I elaborate at this stage. This is what I'm really struggling with. Thanks again Scrible

Hi donkey, thanks so much for your response. This is the confusing part. I applied for set aside because my AOS was outside of the prescribed time frame. I completed form N244 and received, in response to the set aside request, the two following documents :- 1 General Form of Judgement or Order - (stating) The defendant shall file at Court and serve on the claimant a draft defence setting out in full why she disputes the claim 14 days before the hearing. and 2 Notice of Hearing of Application - (stating) The hearing of the defendat's application to set aside judgement will take place at (time/date and place). Both documents arriving in the same envelope together. My confusion here is am I writing a draft defence for the whole case or just for the set aside? Thanks in anticipation Scrible

Hi again. I need to submit this draft defence by tomorrow (Tuesday). Re reading the threads that donkey pointed to I'm begining to have doubts that the draft may not be sufficient. Do I need to included reference to CPR for example? Thanks Scrible

Hi guys have read the cpr threads etc and am today trying to pull a defence together. For your info I did receive a default notice dated 11.08.2009 this would appear from what I can tell to be in order apart from how they have arrived at the either the credit limit or how the credit limit has been exceeded. The text of my draft is as follows 'I do not recall when or where I opened this GM credit card account. I do not recall receiving an agreement or what the opening credit limit was However, I did utilise the account facility and I made regular monthly payments as required. Following a change in my financial circumstances and subsequent conversations with various advice organisations I was advised to request details regarding all my finance accounts (overdrafts, mortgage, loans, credit cards etc) With regard to HFC I requested a copy of my original agreement along with terms and conditions in order for me to assess my situation. HFC/Restons/GM Card etc are unable to provide this and I therefore ceased payments inaccordance with the advice I received from various consumer organisations Subsequently they(HFC/Restons/GM) have been advised that upon receipt of a (true) copy of the original signed agreement I will endeavour to restart payments within my budget as I have with other creditors who have provided copies of the original signed agreements. Todate they have been unable to provide the document Therefore I request that the judgement be setaside until such time that a true copy of original signed agreement is produced.' Can someone please review this - its my first draft and I need to know if I am heading in the right direction or not.

Thanks donkey, I have read the two threads but need a little time to digest and perhaps re read. My next hurdle is to supply the judge with a draft defence, setting out why I dispute the claim, 14 days prior to a hearing to determine if set aside can be obtained. Is this normal as I understood that the completion of the N244 was sufficient to grant set aside or not as the case maybe? tia scrible

I hope this is what you mean :- The Claimant claims payment of the overdue balance due from the Defendant under a contract dated on or about 20/09/1994 in the sum of XXXX inclusive of interest to the date of this summons at 19.8% per annum from to. PARTICULARS a/c no xxxxxxxx DATE 11/08/2010 ITEM Default Balance VALUE xxxxxxxx Post Refrl Cr NIL 26/08/2010 Interest xxxxx TOTAL xxxxxx Together with:- interest pursuat to contract at the rate of 643.68 pence per day to the date of Judgement or sooner payment. Thanks for your help donkey. ps HFC have confirmed that they are unable to supply me with a copy of their legal agreement. scrible

Hi all. It's been a while but I finally received a judgement regarding the set aside request. It states that I need to file at Court and serve on the Claimant a draft defence setting out in full why I dispute the claim..... Surely this is what I did with my N244 in the first place, or are they after more particulars/ evidence?

Thanks guys . I have just sent N244 off today using Andys' form of wording. I will keep you posted re developments. Scrible

sorry Andy - misread your post - end of a bad day BD - thanks really appreciate everyone's help and support - makes getting through this situation a whole lot easier

sorry I posted twice thanks Andy very grateful so its fine just to ask for a set aside due to the delay in the post? scrible

Anybody?? I need need to complete my N224 and have no idea what to put. Is there a link perhaps? Thanks in anticipation

Anybody?? I need need to complete my N224 and have no idea what to put. Is there a link perhaps? Thanks in anticipation

Any advice please, I'm really quite stuck.

No, they have never used my new address. Simples!

I have dealt with Restons before and they will deny it. Clerical error or something they will say. HFC are no better.

BD - thanks , actually there is a bar code on the letter. Its a brown letter with a very faint light red bar code on the front. I would have missed it ordinarily. Regarding the new address yes they are aware of it but always send to my old address, it seems to have worked in their favour upto now. Its HFC/Restons. cheers Scrible

Guys thanks for help, I have started a new thread link here http://www.consumeractiongroup.co.uk/forum/showthread.php?278225-Default-Judgement-entered-due-to-late-return-of-AoS-whose-to-blame-what-to-do&p=3139314#post3139314

Hi, it was suggested that I start this post off as a new topic. I have searched for but have not found, though I'm sure it will be here, advice regarding a County Court Claim form that I received after the 5 + 14 day. The dates concerned were the Issue date 27th August 2010 and date of receipt 18th September. I used moneyclaim to send an acknowledgement of service on the day I received the claim ie the 18th September. I called the court office in Northampton who stated that as my AoS was received after 19 days judgement had been entered against me and that it was an issue for me and the Post Office, perhaps true but not very helpful. My post is on redirect by the way but I'm led to believe that this should not cause a significant delay. I am about to prepare a form N244 but require assistance from those more experienced with regard to my response. Is it sufficient just to state on the N244 that the claim form arrived late? I'm sure many people reply late either for many and various reasons but it does seem a rather lame excuse. I'm happy to add particulars of my defense as well but am unsure whether or not it's necessary at this stage. I have the envelope in which it arrived but there appears to be nothing on it that would indicate a date. Any assistance would be gratefully appreciated. Scrible