Jump to content

molly2

Registered Users

Change your profile picture
  • Content Count

    83
  • Avg. Content Per Day

    0
  • Joined

  • Last visited

Community Reputation

1 Neutral

About molly2

  • Rank
    Basic Account Holder

Recent Profile Visitors

82 profile views
  1. I submitted N244 to the court asking for a set aside hearing. Howard Cohen wrote to me saying their client has instructed them to consent to the set aside of the default judgment. They have enclosed a consent order for me to sign which says the following : Schedule The default judgment to be set aside. The defence do stand. Directions Questionnaires be issued. No order as to costs. It is ordered by consent : Having agreed to the terms set out in the schedule, all further proceedings in this matter be stayed except for the purpose of carrying such terms into effect. Each party shall have permission to apply to the court to enforce those terms without the need to bring a new claim. No order as to costs.
  2. All I've had from arrows is a notice of change of legal rep to their in house sol. Then from the court a notice of transfer of proceedings as the CCBC sol is no longer acting. From the court now requiring action, a general form of judgment or order from the judge at the court saying that he has considered the papers in this case (what papers? I haven't submitted any papers, only my defence, neither have arrows as far as I know, only their initial claim) and has allocated it to the small claims track. Claimant and defendant both required to file and serve evidence in support of their case. It sounds like the court has decided to bring it to trial without arrows applying to lift the stay.
  3. Arrows have changed the sols of the claim from Restons to their own sols. The claim was transferred from Northampton to my local court. Last month their sol wrote to say they would be in touch after reviewing my defence. Now I have received an N24 saying the judge has reviewed the case and has allocated the case to the small claims track. Not sure if this was instigated by Arrows or the court itself. Invited to file and serve statements of evidence in support of defence.
  4. I asked Hoists solicitor on the phone to scan me a copy of the envelope with the claim in, that was returned to them. I did not go any further than that. They have not yet sent it.
  5. I've got the particulars of claim and am drafting a statement of case for a set aside. Northampton said the claim was deemed served even though I didnt receive it. THIS CLAIM IS FOR THE SUM OF £8000 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO. XXXX .. XXXX PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA). THE DEBT WAS LEGALLY ASSIGNED BY HOIST PORTFOLIO HOLDING LTD (EX BARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED. THE DEFENDANT HAS FAILED TO MAKE CONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT. A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87(1) CCA. THE CLAIMANT CLAIMS 1. THE SUM OF £ 8000 2. COSTS
  6. I sent the section 78 request to Hoist portfolio holdings. They failed to comply. They transferred the account to Hoist Finnance UK Holdings I Limited before issuing the claim. Do I need to send a further section 78 request to Hoist Finance?
  7. I spoke to Robinson Way who advised that the claim form was returned to their solicitors with "not at this address". This is really frustrating as I have lived at the same address for a long time and the claim form was sent to the right address but the postman is not very good at delivering things to the right houses sometimes.
  8. Name of the Claimant ? Robinson Way. I don't know when the claim was issued as I didn't receive it. I received a default judgment dated 03/04/2019 Particulars of Claim 1.THIS CLAIM IS FOR THE SUM OF £8000 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO. XXXX .. XXXX PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA). 2.THE DEBT WAS LEGALLY ASSIGNED BY HOIST PORTFOLIO HOLDING LTD (EX BARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED. 3.THE DEFENDANT HAS FAILED TO MAKE CONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT. 4. A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87(1) CCA. THE CLAIMANT CLAIMS 1. THE SUM OF £ 8000 2. COSTS Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes I received a letter of claim dated 24/01/2019 which I did not get round to responding to unfortunately. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes. Did you inform the claimant of your change of address? I informed the original creditor in 2016 by phone of my new address What is the total value of the claim? £8,000 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after April 2007 ? Before Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Dropped off long time ago Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Robinson Way. Account had been assigned from Barclays to Hoist. I had sent a Section 78 request to Robinson Way in 2017 which they passed on to Barclays who wrote to say the agreement is unenforceable. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Unsure - it was in 2008. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? Got into financial difficulties What was the date of your last payment? June 2014 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I had a DMP between 2008 and 2014
  9. Help, I have today received a default judgment from Robinson Way. I never received a claim. Last year I received a letter from Barclaycard via Robinson Way which stated that "we are not currently able to enforce our agreement with you and the agreement will remain unenforcable until such time as we are able to fulfil your request". Do I have grounds for set aside ?
  10. Straight after the judgement was made, I appealed against the judgement, which the judge refused. He said I can apply for another judge at the same court to reconsider my right to appeal. I called the court and asked them how to do this. They referred me to the justice.gov website. I can't find anything on there stating how to appeal a refusal of right to appeal. Any ideas Andyorch ?
  11. The judge said I had to actually prove that I had used a different address to open a Lloyds account in 2003. So effectively I had to have a copy of the original agreement myself. I had an electoral register printout but the judge said that wasn't sufficient to prove that I used an address different to that on the recon to open an account in 2003. The other party said their position was that Lloyd's/Cabot had put my correct 2003 address on the recon. And the judge said the burden of proof was on me to prove otherwise.
  12. Just been to court and I lost. Judge said the burden of proof was on me to prove the recon had the wrong address and I hadn't proved it sufficiently. Judge was not too familiar with Carey Vs HSBC and the other party argued that lack of a signed agreement did not prevent enforcement of a pre 6 April 2017 agreement. I appealed but the judge refused my right to appeal. Now my only option left is to ask for reconsideration of my right to appeal.
  13. Witness statement sent. 2 weeks before court date, Mortimer have come up with another witness statement, similar to their previous one. Except now they've appended a statement of their costs. Their case (point 9.) seems to hinge upon the FCA's Consumer Credit sourcebook rule 13.1.4, a firm is able to reconstitute a copy of the agreement to satisfy a CCA 1974 Section 78 request, i.e. Carey vs HSBC. I think my witness statement refuted this point adequately and so no point in a further witness statement from me. LL CW3.pdf
  14. How about this for a new paragraph to follow paragraph 2 then ? 3. The Claimant’s solicitors letter of 22 September 2016 in Exhibit AA1 also attaches a Final Demand sent to the Defendant on 1 October 2008. This does not provide a valid termination the account as it is not headed "Notice served under Sections 76(1) and 98(1) of the CCA1974 " and it requires payment within 7 days rather than the required 14 days. Accordingly the Defendant asks the court to put the Claimant to strict proof that the account was terminated correctly under Sections 76(1) and 98(1) of the CCA1974 to allow the claimant relief.
  15. Restons provided this copy of a final demand notice - is that what you want to put them to strict proof for ? FD Final Demand.pdf
×
×
  • Create New...