andy I haven't checked mcol as date for me to return the N9 was the 25th sept however this was filed last night.

I did ask the judge as found out a few weeks ago they had gone bust. Asked him what happens when they don't reply to the directions questionnaire as all the info I can find states it would be struck out as they had not complied with the court. However as I expected he was unable to advise on the matter due to having to stay impartial. Andy would you know what's likely to happen when they don't reply to the directions questionnaire

Hi had a hearing at 2.35pm. Set aside granted. judge asked me to resubmit the n9 defence form, then directions questionnaire will be issued. at a loss now though. I understand the n9 is refill in a fresh n9 with the details already submitted then date and sign it. however not sure what the directions questionnaire is or what happens from here on. also how long does a CCJ take to remove after a set aside is granted?

brilliant mate thank you.

thanks Andy just saw this had a mad few days at work 13hr shifts. also Andy did you have chance to look at the affadvit for my moms affadvit as I genuinely don't know the best way to set it out etc.

Will get the SAR done now and set first thing.

you had chance to give it the once over yet Andy? soon as the actual order from the judge turns up Ill upload it. also I am typing the affadvit up for my mother (she is not computer literate), basically was wondering what or how should I put the wording. this is what I have come up with. 1. I am the mother of the defendant Mr ******** ********* 2. on 30th November 2012 the defendant his wife and children came to stay with myself and partner due to extensive building works being carried out to their rental property. 3. the defendant returned to his property 2nd January 2013 after all the work was completed. Statement of truth Statement of Truth I believe the facts stated within this Affadvit to be true.

Bit of help/advise needed. during a recent search through the credit file I came across a default registered by Lowell Financial a former Provident debt. following some threads on here first thought was to CCA them CCA'd them on 14.06.17 finally received a copy of a credit agreement and statement of account on 29/07/17. however I am dubious as signature doesn't look like mine, the agent I was dealing with back then was named Joan and never had any contact with the agent named on the credit agreement. also on the statement of account it states I made a payment of 10.00 on 16/05/2013 however I did not make this payment. having checked the default date its 23/01/2012 so suspect they are trying to get around the stat barred rules. can anyone give me an opinion on the attached and also how to go about dealing with this. As 100% the agent signing is not the one I dealt with there was no payment on 2013 and statement looks abit iffy at best img011_LI (2).pdf img012_LI.pdf

By the looks of the above you have edited it. Looks to professional to be done be me lol. If so thanks. So would you say to send the above in once I have those affadvit to hand? Obviously leaving the claimants to a few days before there deadline.

was speaking with my landlord about this and it was in fact approx. a month I was away from the house during the works not the two weeks I had thought. suppose time flies when your having fun. I have drafted a witness statement Andy (sorry got impatient as otherwise I forget). what you think? I, ***************** of ******************** will say as follows:- 1. I am the defendant in this case. 2. I make this Witness Statement in support of my application to set aside the judgement. 3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true. 4. On 7th November 2012 I received a call from a sales advisor from motortrades.co.uk up until this call I had never heard of this company. He explained they provide internet advertising for the motor trade. He said would I be interested in having an advert on their website, I explained to him that at the time the business was only 3 months old my advertising budget wasn’t that healthy. He stated that a rough costing was between £150 - £350 depending on coverage I wanted and the artwork I wanted on the advert. He then stated if I was interested motortrades.co.uk would prepare a draft template, once I was happy with this I would then confirm my order and full costing would then be confirmed. I confirmed I would be interested but this would be subject to final costing. He then said that’s great I will get someone from the web team to call you back to go through the template and send you an e-sign agreement. 5. Roughly 2 hours later I received a further call from the web team, Taking full details of what the business is and what it does, contact details etc, before He sent me an e-sign agreement I confirmed once again that this was for permission to prepare a template advert, he confirmed this and sent the e-signed agreement whilst I was on the phone, he stated if I could sign it whilst he was on the phone he could then send it to the design department for them to get started straight away. I signed it as requested and left it with them. 6. I received an email invoice on 14th November 2012 for an amount of £365+ vat. I immediately replied to this email and stated I had never agreed to place an order, I simply agreed to have a template drawn up and why would I agree to an advert I hadn’t seen for my new business. I received a response a few hours after stating the e-signed document was in fact a contract for them to supply internet advertising. I had a phone call with a customer service rep at this point explained everything that had happened and was assured it would be looked into. I stated if they care to listen to the original call they would hear me say that I couldn’t agree to a contract until I had saw the template and had full costing as my business was in its infancy and as such advertising budget was low. I also pointed out up until this point I had not received any template of my advert as I had been originally promised. 7. On the 30th November 2012 I sent a complaint email to the Chief Executive’s office and stated all the above. Also stated I had never agreed to purchase any advertising and how could I agree to a bill when no full price was given. I had this emailed responded to 31st November 2012 with a simple reply stating they would look into this matter and reply once this had been carried out. 8. The next I hear of this matter is 9th April 2017, whilst looking into the possibility of a mortgage the bank preformed a soft search as to not affect my credit file until we knew the possibility of success. During this it came up I had 2 CCJ’s. 1 I knew about and was in the process of sorting out with the claimant and was a genuine mistake on my behalf. However the 2nd (this being it) I had no clue about. I then sent a letter to Northampton bulk centre 16th April 2017 asking for more information on this CCJ. I was sent a few bits of paperwork and after reviewing them remembered what this was all about and after taking some advise I sent a set aside application. 8: During reading the documents I noted that at the time of the SERVING of the papers I was in fact not at my home address of *************, as there had been extensive building works going on at the home and having a newborn baby moved into my mother’s home whilst this was carried out. I have attached a Affidavit from my mother (exhibit 1) and also affidavit from my landlord confirming building works had been carried out between 1st December 2012 and 2nd January 2013 (exhibit 2). This was my basis of applying for the set aside, also giving me an option of defending the claim against me. Statement of Truth I believe the facts stated within this Witness Statement to be true and Exhibits comprising of 2 pages. Dated this 28th day of July 2017 ****************

so am I right in thinking we submit it to the courts as ordered and then serve one to them later on?

He said that in his opinion I do have a reasonable chance of defence given the pre defence I filed as per your suggestion. he then went on to say that just because they hadn't attended did not mean it would automatically be struck out. he wants me to provide a witness statement and init to cover the period I was away from the home. inc any exhibits. he gave me until the 11th august to provide this gave motortrades until the 25th for their witness statements and evidence, he also asked for the first possible hearing after the 1st of september

Hi Andy Have just returned from the courts. As expected there's been no response and no attendance from motortrades. Judge however has asked I prepare and file a witness statement and statement of truth inc any exhibits. He asked me to ensure I include the section in my set aside about being temporarily out of the property. I can get affadvit from my mother who we had stayed with copy of the tenancy agreement affadvit from my landlord to confirm he had to do remedial works on the house. I have to submit and serve by 11th August my question is how would I prepare a witness statement and statement of truth.

soo. if I'm right I should take the initial defence with me Friday, as well as pointing out to the judge the address the papers were sent to was in fact the old address that motor trades already knew the new address as they have enclosed that on their claim form. That had I received the forms I would have been able to defend the claim against myself and that my intial defence is (wrote out above) ?

brilliant thank you so much for your time help and advise Andy its appreciated. I take it the defence you helped prepare above is for the next stage of the process should the set aside be granted?

is there any way to find out what address is was served to as both are on the form, I'm likely to think that its been served on the service address rather than the main address would this be right?

Thank you andy. can I ask you what the set aside hearing will be like i.e what should I be saying (reading the defence you put together for me) or stating the original papers etc were never received, also on the p.o.c it has my old and new address my old address being the service address does this mean the original papers would have been sent to the service address as if so they were well aware I had moved as I had told them during a one of the many phone calls hence them having both addresses?

Thank you Andy much appreciated

Andy this is way I was replying to above. The red sections I added were my reply to each section of the p.o.c.

Andy to be honest I don't know. I was replying to each item on there poc. Never done this before so trying to get things sorted in my head before I go to court friday

was advised to answer each bit of the poc so that's what I did. or have I misunderstood

Internet advertising order 7th November 2012 ordered by recorded call and esigned agreement signed by the defendant using ip address *********** at 1442 on 7th November 2012. The only document i esigned was giving motortrades permission to prepare a template advert for my approval prior to placing my order. We had only discussed rough costings at this point and final costings would be done once I had received and approved the template. Payment has not been made, defendant was contacted by track and trace mail ******** and telephone and email. refused to make the payment on the basis he did not order. I did exchange a few emails with this company, however in each and every email I stated clearly that I had not agree to any internet advertising and how or why would I agree to pay for something that I had not seen or approved for my (at the time) new business. Then claimed to only have confirmed that we could make a template advert. this is not the case and we have demonstrated this by series of emails on 30th November 2012 attempting to resolve without the need for court action. I have since day one of this dispute continued to inform this company that at no point had I agreed or Signed for any ORDER only for a template to be made once I was happy with it I would then look at full costings and take it from there. I continued to receive the exact same response each time and at no point did I receive any reference to my querys or complaints, until I had emailed the then chief executive of motortrades.co.uk the last contact I received stated that they would look into my complaint. Defendant now claims we have been investigated by watchdog which is not the case and is clearly trying to make an excuse not to make payment that he is legally due to make. This is simply not true I pointed out that during the intial period of awaiting them preparing my template I had carried out research into the company and had read a series of complaints about false promises this company had made, including tricking customers into signing 2-3 different agreements, all of which I can provide evidence of. we will provide the court with copies of the recorded call, esigned agreement and email exchanges in order to prove validity of the debt in relation to contract ************* fee due 365+vat I have never received copies of any so called agreements recordings or emails with me admitting I had agreed to the advertising. The only emails I have sent is to confirm that I had only agreed to the template being prepared. Anyone got any edits or suggestions to make this any more professional

Yeah I see what you mean now to be honest, although this is not the case. I agree it's irrelevant but obviously now can't change the application. In hindsight I would have asked on here first.

think theres a mix up. Ive had a copy of the claim form forwarded once I had asked the courts about the unknown CCJ. this is the claim form I am referring to. The original had never been received by me hence I couldn't challenge or defend it. hopefully this clears any confusion up

the claim form is attached on an earlier post however this was never received and as such I didn't know anything about it. also on the claim form its got two addresses the current address and a service address which is where I moved out of in December 2012 they were informed in one of the phone calls hence they had the new address on the claim form.