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soldat

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Everything posted by soldat

  1. Thanks BillyBob. Pleased to hear you beat CapQuest. We're all sorted too. It was set aside, we received a payment to pay for our application, and the CCJ has now disappeared off credit report. It was pretty stressful. We're glad it's over with. We couldn't have sorted this without the help of this forum. Thank you very much to the Site Team. We really appreciate your support and patience. Case closed!
  2. OK, they've agreed and sent a new consent order to sign and return. point 3) has been revised to: The Claimant do pay the sum of £275.00 to the Defendant in respect of her application fee within 14 days of the date of the sealed Order. OK to sign and return? I assume we don't have to pay any of their fees that they sent in the notice of sums etc. It seems strange they've agreed to all this.
  3. Thanks dx. Is this ok to send off? I write with reference to your recent correspondence dated 1 March 2022 informing me that your client has consented to the Judgment against me being set-aside, and furthermore, their decision to discontinue their claim. However, I’m unsatisfied with the Consent Order you attached with regards to item 3) There be no Order as to costs. It is unfair I have had to pay costs of £275 to file an application notice for a Judgment I should never have received. I therefore politely request your client agrees to paying my costs on an updated Consent Order.
  4. Thanks very much for that dx. We've just received a letter from drydens saying they have reviewed our application, and the claimant has taken the decision to consent to the Judgment being set-aside, and further, will discontinue their claim. However, as legal proceedings have commenced, this needs to be done by way of a Consent Order and sent to the court. They've included a consent order to sign and return. However, it doesn't mention paying my costs for my N244. On the Order it says: 1. Judgment obtained on 10 nov 2021 be set-aside and registration removed. 2. The Claimant's Claim to be discontinued, and 3. There be no Order as to costs. How do I proceed, or shall I thank my lucky stars they have agreed to set it a-side? Thanks again
  5. Hi guys We've finally received a court date. We have to submit a telephone number for a one hour slot that's been allocated. They haven't told us anything else. Do we need to provide defence etc. or does that come later? No idea what to expect. Thanks
  6. Haha. Sorry. I'm still unsure what i'm submitting. I've completed the N244 as per your instructions. Done The above is the statement or draft defence? I'll put that on separate sheet. Is it sufficient what I wrote in my previous post?
  7. Just checking. So the only thing I send is the N244? Revised statement (this goes in box. 10?): 1. I understand the Claimant obtained a judgment against me as the Defendant on 10 November 2021. However, no claim was served at my current address. Therefore, I was not aware of any judgment until I checked my credit file online. 2. On learning of the judgment on 15 November 2021, I immediately contacted the County Court Business Centre to find out the details. It was only then I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre via Email. 3. I now know that the judgment was served at a previous address (Do not put your address -dx)) However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. My new address was added to my credit file in February 2021, and entered into the Electoral Roll in May 2021. 4. The Claimant sent a letter dated 27 October 2021 to the Defendant’s current address reporting of a default sums notice under the Consumer Credit Act 1974, only twelve (12) days after filing the claim to Defendant’s previous address therefore demonstrating they were aware the Defendant had changed address, and purposefully used my previous address to gain a judgement by default. 5. On 12 September 2018, the Claimant wrote to the Defendant stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and therefore had no reason to protect myself against a default judgment.
  8. Quick question. Do I need to submit copies of evidence with N244 or do I send those later?
  9. I'm struggling with the wording of my statement then. So far I got: The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. ← do i need this? The Claimant wrote to the Defendant in August 2018 admitting they were unable to produce a copy of the Credit Agreement which they noted in paragraph 1 of their particulars of claim, and therefore the account they had on record was unenforceable, after the Defendant requested a copy. I have reason to believe the Claimant would only file a claim if the Defendant was unable to respond in order to win the judgment by default. The Claimant filed a claim using the Defendant’s previous address, and the Defendant was only made aware of the judgment after checking their credit file. The Claimant sent a letter dated 27 October 2021 to the Defendant’s current address only twelve (12) days after filing the claim to Defendant’s previous address therefore showing they were aware the Defendant had changed address. Any tips?
  10. I'm still a bit confused as to what I'm sending off. I've filled in the N244 following dx's instructions. Box 3. I've put: "The Defendant in these proceedings respectfully requests that the Court make an order to set aside the judgment pursuant to CPR 13.2 & 3(2). The claim form was not delivered to my address. I only became aware of the judgment after I checked my credit file. I believe I have a real defence against the claim." or should I put (as my reason): "The Claimant deliberately filed the claim to an old address in order to win a judgment by default." I've ticked Draft Order attached as per Andy's suggestion. Which I have: 1. The judgment be set aside pursuant to CPR 13.2 & 3(2). 2. The Claimant pays the Defendant’s costs of this application to the sum of £275. 3. The Claimant has permission to file and serve a reply if so required. 4. All enforcement be put on hold pending the outcome of the application. I thought my witness statement has all the information as to why it should be set aside, so why do I not send this with the application if there's a ticky box for it?# Help!
  11. I've not heard from Capquest since they acknowledged they had no cca, so I must have forgotten all about them. I suppose if I had, they wouldn't have tried backdoor ccj. My defence is they deliberately gained the default knowing I had moved given they sent default of sums to my current address only 12 working days after filing the claim. and like dx said, I had no reason to believe I had to protect myself against the ccj given they have no cca. Which is pretty much what my witness statement says.
  12. Merged witness and draft defence, deleting some paragraphs.. still too long? 1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant. 11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
  13. Hi Andy Thanks for taking the time to look at my documents. I don't need to submit draft defence along with the witness statement? I suppose the witness statement would be the better one to submit in my case? Should I copy some of the points from the draft defence into the witness statement? Thanks
  14. Attached latest versions of draft order, draft defence, and witness statement. Thanks 01-12-draft-defence.pdf 01-12-draft-order.pdf 01-12-witness-statement.pdf
  15. Thanks guys. Updated witness statement accordingly with dx's post. I have a draft order. As follows, is this ok? It is ordered that: 1. The default judgment dated 10 November 2021 be set aside. 2. The Claimant pays the Defendant’s costs of this application to the sum of £275. 3. The Claimant has permission to file and serve a reply if so required. 4. All enforcement be put on hold pending the outcome of the application. So with the N244.. include the Witness statement, draft defence, and draft order? And include a copy of all evidence? Thanks
  16. Ah yes, got it. THanks Section 78. Updated draft. Hope the sheep didn't give you too much trouble!
  17. Oh yeah, I messed up the numbering. So should I keep paragraph 1-3, then use my original ones for the CCA? No CPR / NOA or DN. Thank you for your patience. I don't really fully understand all this legal stuff. Revised draft defence: The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant. 2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago. 4. On the 04/08/2018 I sent a formal request for a copy of the Credit Consumer Agreement to the Claimant pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. <---- do i need to delete 77 or 78? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the agreement and that any account they had was unenforceable so therefore the Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. Thanks
  18. DRAFT DEFENCE The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant. 2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago. 4. On the 04/08/2018, I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. <<- is this the CCA request? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the original agreement and that any account they had was unenforceable so therefore, the Claimant has failed to date to respond to the CPR and remains in default of the section 78 request. <<- their response to CCA request 3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment / balance / breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant should prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I believe the facts stated in this Defence are true.
  19. Hi dx Thank you very much. That has been a great help. I have been searching the forum, but wasn't finding anything that I thought was relevant to our situation. Find attached v2 of draft defence. Have I missed anything? are the other documents ok? Thanks cag-ddv2.pdf
  20. Not sure what to do about those. Received notice of assignment in 2014 from shop direct. any pointers on default notice? also, how long realistically have i got to send this off. Judgment date was 10th. i learned about it on the 14th
  21. Yeah, thanks. Haven't finished completely. Probably needs work. Have copied various bits from Internet here and there. Any tips, etc. would be greatly appreciated. cag - do.pdf cag - ws.pdf cag-dd.pdf
  22. Thanks dx. You've been really helpful. Will get my paperwork sent off and I'll let you know how it turns out.
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