Any advice please? I really need to resubmit the application by tomorrow and am not sure what to do with it.

Thanks

I've been reading the latest from Costa's thread, and am now concerned that my case is not as straightforward as I thought.

Nationwide issued me with a dodgy DN a year ago (didn't allow 14 days and no date to remedy specified) and then terminated on the back of that. They have subsequently taken me to court and a big part of my defence is the dodgy DN etc. However they recently served me a 'new' DN (in the correct format as it happens) and then obtained a court order allowing them to amend their POC so that they can rely on that DN in their claim (wonder why they did that....). As advised below I submitted an application for summary judgement / strike out based on the dodgy DN argument. I am currently in the process of re-submitting it to include costs, but wonder if I need to amend the application (below) at all, in light of Costa's experience?

My other question is, they are seeking to enforce the agreement based on a recon they sent me. I'm awarte the recon satisfies Sec 78 CCA, but does it enable them to get enforcement in court?

Thanks

F

Thanks pt2537

Can someone advise me please??

Having submitted an Application for a strike out/Summary Order, a couple of weeks ago, when I handed it in at the court they told me there was no fee to pay, as the Judge's previous order for the claimant had granted me leave to vary/amend the order. However I have now received a letter saying I must pay a fee 0f £75 for the Application to strike out, before it can be processed. When I contacted the court to ask why the chanege of mind, I was told that they considered my Application for a strike out is considered to be more than a varying/amendment of the previous order.

Is this right? Its just that £75 is money I don't have at the moment. (I'm not eligible for any means tested subsidy either) I explained that I am on a DMP but they said that doesn't count.

Thanks

F

At last! Here's the application I submitted to court earlier today for summary judgement/strike out based on dodgy default notice. Not sure how far I'll get with it, but it sure sounds good!

Application.doc

Thanks everyone for your advice. Couldn't have got this far without it.

FTOTB

Can anyone help me with a procedural point please? When filing the AQ requesting a strike out, does my evidence for asking for the strike out have to be appended as a witness statement, or does it simply go into section 10 on the AQ?

Thanks

FTOTB

Thanks citizenB. I'm making a few amendments to make it all a bit easier to read - have to give the judge all the help I can - including keeping it black and white:-)

Can anyone give me advice on this please?

Thanks

FTOTB

At last - after a few distractions - here is my first bash at the case for a strike out application.

Strike out application.doc

The bits highlighted red are those which I have done but am not sure about - advice please!

The highlight in green at the end is the bit that summarises my application - is that necessary on the AQ?

I haven't mentioned the agreement. I'm still not sure whether or not the recon they have supplied enables them to enforce the order at court, or does it merely satisfy Sec78 CCA?

Thanks for all the brilliant advice - couldn't do it without this great site!

FTOTB

More recently they wrote to me stating they could not find the original agreement (part of my defence) but instead had a recon, quoting Carey etc

- Does the Carey case mean they can actually get the agreement enforced in court, as they are claiming?

Am working on strike out application - hope to finish this evening and will post draft first.

A few months ago I made a SAR. They refused to send it to my home address for 'confidentiality and security' reasons and insisted sending it to a nearby branch instead. After realising I would get nowhere complaining, I picked it up today. It consisted of loose papers and a cd inside an opened plastic postal bag. The cd is so scratched it doesn't play properly. So much for their security and confidentiality!

Anyway, it doesn't contain a copy of the original agreement - just page 5 (out of 6) of the application form (so they claim) with my sig on it. For some reason they say they can't find the other 5 pages? I have never made a S78 request as I made a full CPR request prior to proceedings commencing. They have never responded to that request. Can they do that?(claim is under £2000)

N

The court advised me I wouldn't have to pay the set aside fee as the order states I have 7 days to apply for set aside. However, i agree it seems pointless.

You would only complete one of the two as setting aside a verdict puts you back into the court system at that point that the default judgment was obtained

In that case it makes sense to go for the strike out, as if I went for a set aside at this point I would only subsequently be going for a strike out I guess.

Thanks

n

Tried again as I thought maybe over 20 posts would do it, but still denied access

Still doesn't work!

Thanks S.

citizenB - I have tried the 2 links but am denied access - says I don't have permission to access the page

Sorry for being thick about this - so I need to apply for a strike out on an aq, instead of a set aside on a 244, rather than both?

THe user should submit a defence based on the same argument but then ask for a strike out with the aq

I presume aq means allocation questionnaire? Does this mean I have to complete separate Application Notice N244, and an aq?

Thanks

n

Thank you so much citizenB, this is brilliant. After (yet another) fairly sleepless night, I now feel I can hit them where it hurts - no less than they deserve. Have started to read Costas thread - excellent! Thanks also for the links, although Shadow's doesn't seem to want to work.

Am off to work soon, with a renewed spring in my step, and will complete forms and post draft this evening - I have to submit to the court by tomorrow.

Thanks again

N

Can anyone give me some expert advice on this please, as I'm running out of time. Basically the other side have obtained a judgement allowing them to rely on a recent Sec 87 notice (the first one a year ago was defective) and are going to ask for the agreement to be enforced on the basis of it. I want to request a set aside - I have the form; is there a certain way to word things? Or can anyone point me to elsewhere on the site where I can see other example(s)?

Thanks

rebel11 - further to your post, I have looked at the recon agreement they sent me, but how do I know whether there has been any variation, as I have no original agreement to compare it with? Sorry if I'm being thick, but first time I've been in this situation.

Thanks

I forgot to mention - there's no PPI involved but there is loads of penalty charges - several £100s - all of which they slapped on, after I went into the DMP. Can you tell me where to find advice on the site about reclaiming?

Thanks

N

I forgot to mention - there's no PPI involved but there is loads of penalty charges - several £100s - all of which they slapped on, after I went into the DMP.

Thanks rebel11. Interestingly, they have supplied me with the front page only of my original application - "to prove you had an agreement with us" - but admit they do not have the original agreement.

Months ago I made a Sec 78 request which they never responded to (the above came recently as part of their case ) and now in the letter I got today they are saying that if I am relying on having made a Sec 78 request I have to prove I made the request and paid for it! I have proof of course (recorded delivery and postal order number) - does this mean they're running scared?

Also, and I don't know if its significant, they claim the agreement commenced on 12th April 2007, but the front page of the application they sent me has dates they have stamped on it in March 2007?

I will check out the interest rates.

Thanks

N