Could you post up the exact text of the judge's letter so that it can be properly interpreted? If your claim and the counterclaim have both succeeded and are both for the same value then neither party will recover any money as the paying party can set off what it owes against what the receiving party owes it. Note that if you sued a person who has sold the goods then you will not recover the goods because the Defendant doesn't have them anymore! You would need to sue the person who is now in possession.

It's a matter for the firm, if there's a conflict of interest then they cannot act. Your friend will just need to move on and use another firm.

I should add that if you attend it may be harder to have the judgment set aside, an appeal may then be more appropriate. I believe there's a specific provision for setting aside a SJ where the respondent does not attend, I think it's in the practice direction to Part 24. Even if you attend to seek an adjournment that is worthwhile, make sure you at least have all of the documents you need so that you can show them to the judge even if you don't feel well enough prepared to make lengthy comments on the evidence in your hearing.

There's no need for a template as the N244 does not require any legal jargon. You should simply state in plain words the factual basis of the application, you can leave out references to the CPR and case law entirely if you don't feel comfortable with them, you can use bulletpoints if you don't want to write full paragraphs. Using a template is likely to cause more harm than good in the long run as it is the facts of your particular case that are relevant. Feel free to post up your first draft for comments.

Which court was named on the paperwork? If you can't get there at short notice I suggest you fax or email the court ASAP and explain. You could even telephone and ask for a telephone hearing although that would be very unusual. This is unfortunately a very important lesson, never assume the court has done anything unless you have received a sealed order saying so. In the worst case scenario, if SJ is granted you can apply to set aside that order. It is not written in stone.

Indeed it is!

Sorry, I think my post was unclear. When I say it must have been assigned I mean it must have been for the claim to be properly brought, i.e. you are right to question why you have not received a notice of assignment as this suggests the claim has not been properly brought. I wasn't meaning to say that the debt must have been validly assigned but I appreciate that is how my post read, apologies for that.

The solicitors have just ceased acting, the case still continued but the creditor is now a LiP just like you. There's no basis to claim wasted costs just yet!

Just beware that, depending on the facts of the case, if you force a hearing and the court agrees to an adjournment then you may face an adverse costs order.

Thanks Ford. Edit: I note that your linked PDF makes clear that notice of assignment need not come from the original creditor. Interesting.

One of the issues that makes me somewhat apprehensive is the economics of it. On the assumption, as seems to be suggested, that the fund will pay for a lawyer at the market rate then I would not expect many people to actually benefit and therefore I would anticipate membership tailing off. For example, I would suggest a very conservative cost of £200 for a solicitor to attend a fast track trial listed for one day. That equates to approximately 67 monthly payments of £3.00. So, for every 67 people that pay in 1 will benefit from the scheme each month. That is before part of the £3.00 is used for running costs. Using the OP's figures, if one assumes that a public access barrister is no less than £800 that equates to 267 monthly payments. When one factors in that the vast majority of the cases dealt with on this forum can broadly be considered as 'debt recovery', with very few if any raising a novel point or a point of public interest, I would be concerned that the fund would amount to little more than a lottery played by those with very little disposable income with no real way of selecting 'deserving' cases. The idea really *does* appeal to me but I wonder if the OP could give more information of actual costs and how the panel of volunteers would go about selecting cases. Would criteria be given? Would they be expected to weigh up the merits of the case and allocate the resources based on the chance of success? If so, would a layman be of any use on the panel? Also, has the OP considered cheaper options for representation such as advocacy agencies and the like? That may give a good cost/benefit return.

Once issued the clock stops whether the claim is then stayed or not.

If the Claimant on the claim form is Hillesden then they must claim to have the benefit of the agreement, therefore it must have been assigned to them.

Yes, it does. If the account has not been properly assigned and/or closed then the creditor cannot proceed. However, is the claim form in the name of the original creditor? Be careful because if the creditor has just instructed a DCA there is no assignment of the debt, it remains in the creditor's name and they can then bring a claim.

So would this essentially be a communal pot of money to pay a solicitor or barrister to attend hearings or would the expert legal representation be in another form? How would you choose which cases benefited from the representation, assuming there will not be enough in the pot to pay for representation in every case? How would your charity interact with,, say, the bar pro Bono unit or FRU? I hope my post doesn't come across as critical as I am just hoping to learn a bit more!

If you're sure that you received no notice of assignment from either the old or new creditor then that can indeed be a valid defence. Perhaps have a look at section 136 of the Law of Property Act 1925. There are a few threads active at the moment where the validity of an assignment has been in issue (for example http://www.consumeractiongroup.co.uk/forum/showthread.php?333033-Dealing-with-a-Fast-Track-Application/page7), you may want to have a look at those to see what sort of points may arise in your case.

Fair points, there's a world of difference between obtaining judgment and getting your money back.

Consumeredge is right to suggest caution, never dive in litigation! However, I'm not sure what the counterclaim could be for?

Out of interest, as the law of assignment does interest me, do you have any authority for that point beyond section 136?

I have only just read that last post but my understanding of section 136 is that the *assignment* must be under the hand of the assignor (i.e. the assignor must clearly agree to giving it's rights away) but the *notice* need not be (see Bateman v Hunt).

OK, a matter of opinion on which we will agree to disagree as you say Good luck to the OP though, that's something we *can* agree on!

Contrary to the above post, I would focus firmly on the facts of your case and how the law applies to them. You will get nowhere if you spend your time 'banker bashing' and the judge will frankly dismiss you as someone with nothing relevant to say.

That's not necessary. Just prepare your witness statement and that will outline your position. I wouldn't be so sure that you're going to 'belittle' the barrister or solicitor for the other side in the hearing though, pride comes before a fall!

It's really a matter for you if you feel that the confidentiality clause is relevant; personally I wouldn't care that I couldn't talk about the order. As for the review, it's pretty fairly worded but again it's a question for you as to whether cooperating with the review process is something you're willing to do. Personally, again, I wouldn't have a problem with it if it meant the end of the main litigation!

Great, good on you for doing a bit of research Emails are fine as evidence and can be exhibited to an N244. You may want to do a witness statement confirming you sent the email to the address shown and it wasn't returned. Also, you may want to say where you got the address from.