Okay! Thats reassuring. Thanks A

First time I will ever have been to court!! Quite nervous... Gulp

Point taken Andy

Hi ford The set aside is the main part of the application, if I got strike out as well that would be a bonus! I will submit my WS proves they have no case. I don't expect to get SO to be honest, but you never know and at least it makes the claimant work for it! A

Sorry, I have no idea what any of that means! As a start you need know which are original and which are current. Then look for divergence between the original and agreement. I can't because I can't read it. You say you can 'just' read it... Which means its legible, all be it 'just'. Kind of sank your own defence! Donkey is bang on (and experienced), setting aside would be hard enough after no defence and the time passed; but with your proposed defence... Even harder. I am no expert!! By a long way... So maybe someone else will comment differently.

IMO Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). Regulation 2 states: 2 Legibility of notices and copy documents and wording of prescribed Forms (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

Very tired I'll call on tomorrow. Hopefully others can comment A

Data protection is not a prescribed term... The DJ could enforce if based on a few minor technicalities. You need to review the whole agreement; and when it refers you to a clause in the terms and conditions, check to see if that clause in the T&C corresponds to the agreement, a bit like I have pointed out with data protection. I cannot read the agreement so unable to do it.

I don't think tele numbers will form a defence. Just because the usual reasons a court cannot enforce are the non compliance with prescribed terms. Tele numbers are not one of the prescribed terms. Your agreement looks vastly different to mine, but 5 years apart so they may have learnt and rectified the breaches by then? Only my opinion but others may be able to advise.

Firstly I cannot read your agreement? so it makes it difficult to see if it are compatable with the T&Cs. However, just check the part that states Data Protection- It asks you to read a certain condition- it looks like condition 13 or 14... however in your t&c data protection does not seem to have a reference next to it. Too dfficult to read agreement to make any other observations. The Agreement you have posted in #1, is that the back, front or the only side there is? Is there a more legible copy?

Why?

What were your thoughts on the unenforceabilty defence DonKichote

I will look at the agreement and T&Cs ASAP but you are going for a set aside along time after judgement. I have an mbna case ongoing so if it similar to mine I may have some pointers. Agreement looks nothing like mine though A

Appreciate that Andy A

Suityou01 The team are asking for the claim form to understand on what basis the claimant obtained judgement, given you did not defend. This will then provide the next step you keep mentioning i.e. You request sight of the evidence they mention in their POC, submit an application to set aside after reviewing said evidence etc. I have been provided with invaluable information on this site, and most of the time I too did not 'see what that had to do with my case'. But the team are trying to help you so go with it! A

I think the WS is good to use tbh. Its frustrating when you find minor grammatical errors though! Thanks Gany, appreciate your input A

1st Oct

It may just be me but I cannot read the T&C as you have uploaded them too small, you need to upload same as first set. Plus I cannot see where you have uploaded the agreement?

Appreciate that Ganymede, I think I have everything in order but would appreciate someone having a look at my WS to make sure there is no obvious errors. I have submitted my WS as evidence to support my application to set aside and strike out, but we have not got to the DQ or disclosure stage yet in the original claim, so presume I could alter it as it has not been submitted in response to the original claim?

Hi Just a few questions after a little thought and discussuon: The Notice of hearing of Application states "The hearing of the defendants application for judgement to be set aside will take place at......." No mention of my strike out application. Is that an important omission? Would this hearing possibly continue on to consider the claimants original claim, or would that be a seperate hearing, as currently we have not filled out the DQ and I have not seen any additional evidence from the claimant except the agreement, T&C and DN so would be hard pressed to respond without being able to consider their evidence? If the claimant is not opposing the set aside, could the DJ go against that and let summary judgement stand? Many thanks A

Yes, but not sure how successful they are after a SJ? I presume the court will allow the claimant to address my WS evidence at a hearing so not allow the strike out. ?? A

The hearing on 1st Oct is the set aside hearing, which they have said they will not object to, but will object to the strike out. So I presume there will be a separate hearing for the original claim if it is set aside? It would be great to settle it before, because of some of the stories I've read!!

They didn't object to instalments so I took it as yes.

Hi I cannot comment on the legal arguement, but I would definitely tick yes to mediation. It is frowned upon by the courts/ DJ to not at least 'try' to resolve the matter before using courts time and resource. I am confident you will be asked at trial 'what measures have you taken to resolve the matter out of court?' You really don't want to have to say 'none because he refused to admit the loan!'. Thats the point of mediation, you start at your respective positions and negotiate your way to a mutually agreeable position. Just my opinion but may keep you off the back foot if you end up in court. A

Date for Set Aside hearing 1st Oct. The court sent a bundle to me and presumably to Claimant so now I know they have my WS A