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  1. Hi NOA is an issue but can be difficult in court as Andy states. It is service of the NOA that gives claimant right to make claim in own name without being joined by original creditor, so pleading not served with NOA before start of proceedings. Second, from first post it seems they didn't state in their POC that they rely upon a DN being served. If you have not been served with a valid DN before start of proceedings that is also an issue. Thirdly, although the credit limit is not an issue, the repayments may still be. I had this in my case and although there is no case law to support the argument, telling you how you are to make repayments after you have taken the credit could be argued (ie no formula contained in original agreement of how repayments to be calculated). I couldn't see the the agreement produced has been posted. There is no mention about the interest rate, how is that stated in the original agreement whether reconned or actual copy? In addition tp the 31.14 Request for copy docs referred to in statement of case, why not do a Part 18 Request and ask questions about their reliance upon DN date served etc, do they have recorded delivery receipt or other proof of postage of NOA and anything else that is relevant. I have found that claimants do come up with reconned docs at some point in time. The important thing do is to see whether what they produce is correct in every respect and get them now, not later when you are close to trial date. Hope some of this info is helpful R
  2. Hi All Its been a long time since my last post, but now after what seems a life time and many other issues since my last post I can now post up that after winning my appeal and getting leave to withdraw my admission, which effectively turned clock back to me recdeiving the claim. I WON. Was in court at end of last week and the Claimants claim was DISSMISSED. I will post up more info that may be helpful to others and I should be able to spend a bit of time helping others with the benefit of my experience over the last 2.5 years. Its been a stressful time thoughout this, even though I always believed I was right. R
  3. No, I mean the original judgment against you that you are trying to get set aside R
  4. I'd suggest posting up a copy of the judgment so an opinion can be given on this.
  5. Well they would, wouldn't they. That does not prove judgment was properly entered. I have read your pm's and thought that the right place to respond was here. IMO you put the cart before the horse with your Application. The main content of the Application was to withdraw your admission because of abc and as far as I can conclude is the DJ dismissed yor application as he did not think your defence would have a reasonable chance of success. In fact, you quoted CPR 13.3 as the rule allowing the DJ to set aside the judgment. 13.3 states that the court MAY set aside a default judgment subject to conditions in 13.3(1)(a) and (b). I'd assume that the DJ was not convinced that you met those conditions although the issue with the DMC may fit in with 13.3(1)(b). From what I have read in your application you have not mentioned CPR 13.2. If you had presented your argument that you served in time an AOS, Addmission, request for time to pay and completed means information, 13.2 gives the court no discretion as it states the court MUST set aside judgment under 13.2 (a). Clearly conditions in 12(3)(1) and 13(3)(3) were not met and the Court MUST set aside the default judgment. The clock would have been turned back to when you received the POC and made your admission. You would have lost the judgment registered against you and the charging order. There was no need to go into any detail about withdrawing your admission until now (albeit it could have been another application to withdraw the admission to be heard imediately after the set aside hearing if the was successful). You already have your argument for withdrawing your admission and the threshold for acheiving a withdrawal of addission at this stage using CPR 14(1)(5) is much lower than that required for 13(3). I hope this makes some sense. It seems that a late appeal may be what you need but I'd suggest that you need help from a specialist solicitor or barrister to get it all knocked into shape because IMO the totally wrong emphasis was placed on your original application and it now makes it very messy indeed. On the face of it and with what was presented to the court, the DJ appears to have made the only decision available to them. Sorry if this sounds a bit harsh but personally I think you need some preofessional help now. I will keep looking in and help wherever possible, but an appeal needs to be very precise with clear argument that challenges the DJ decisiion. In your case, IMO the correct argument was not put to the court in the first place for the right decision to be made. I really hope you can get some professional help with this as I strongly believe that is the best way forward for you. R
  6. Who told u it was a regular judgment and what grounds did they say it was regular? R
  7. Hi Atom, got your pm Need to go back a few steps first. What was your application that was refused? Was it to set aside based on non compliance with CPR's and wrongfully obtaining judgement in default or was it an application to withdraw your admissission? The reason I ask is that you can't withdraw your admission until you have the judgement set aside. You stated earlier on your thread that they obtained judgment wrongly albeit you made an admission. The correct proceedure to follow is application to get judgment set aside then application to withdraw admission. Can you confirm that this was the proceedure you followed? If not, canb you detail the applications you made and the order they were made in? R
  8. Hi Costa Just read the posts sinc e I last contibuted (for some reason I didn't get any notifications via my email of new postings). Its correct what Dad has posted that many applications for permision are refused on paper. Mine was and I applied for a hearing. I got permission to appeal at hearing and won the appeal. Not sure of your timing to apply for an oral hearing. R
  9. Well Done. What more can I say appart from have a brilliant worry free weekend. R
  10. Good news BO. I would agree with car, but the order firmly knocks the case into shape and other side know that if they want to get into court they must comply with order, if they don't, strike out. R
  11. Out of time? I thought you filed in time. Anyway, its in now and yes sit back and wait. However, even though you don't have transcript yet I would suggest working on skellie now as 26th will come along very fast. Don't forget, you will need to allow the appropriate time for the skellie to be served on other side. R
  12. I would not file a WS for the Stay as it is self evident that you want a stay of the order that is being appealed. In my case I didn't apply for a stay, but know I should have, but even though other side attempted further enforcement action they never got it. So again, IMO you will not need a WS to accomapany appellants notice. R
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