HBOS & HSBC Default CCJ's - can i set them aside as amount is all charges?

[Isiris]

Hi

 

I got a CCJ against me by default. This was because I stuck my head in the sand.

 

This was ALL through charges. I have informed the solicitors collecting this I am applting for it to be set asside.

 

I have searched the forum and cant find anything about this. What exactly does this mean. Do we have a court hearing regarding the original debt or do they just allow me time to challenge the validity of the original judgement

 

Thanks

[callumsgran]

Hi, why have you got a solicitor? to have a judgment set aside you do it all in writing. you have to write to the bank or whoever took you to court and ask them if you have their permission to ask the court to set aside the ccj, this is assuming you have paid it off? if not they may well say no! if they agree you then write to the court asking them to set aside the ccj, i;m not sure if you pay a fee for this (you did years ago i;m sure). Good luck

[chrismc]

Isiris

 

I did a big piece on this Here specifically Posts 21, 22 but READ Post 25 it may be relevant to you?? and you can do it all yourself by writing to the County Court.

 

Chrismc

[Isiris]

Chaps

Firstly thanks for your replies.

 

Maybe I have confused the issue here.

 

I am still paying the CCJs to the solicitors (I do not have one myself)

 

One is about £400 to Bank of Scotland and one is £800 to HSBC. I have paid these regularly except the BOS recently as I had a bailiff visit (top bloke to be honest)

 

So what I wanted to know is:-

 

A. If I am to pursue BOS and HSBC even though they got judgements by default, what do I have to do to stop them to continue to pursue me on the grounds that they have a judgement. Do I just send the respective collection agents a fax and then go through the normal process for recovery.

 

B. How do I stop the bailiff pursueing the Warrant amount.

 

Sorry I didnt explain the points before, I didt realie how complex it was.

[chrismc]

Isiris

 

You have confused me even more now, you say you are paying for CCJ's and then state you don't have any?? Do you mean you don't have any CCJ's?? or don't have a solicitor??

 

I think you would be better starting again from the beginning, what is your position, and what advice do you want?

 

If you do have CCJ's, and a large proportion is due to unlawfull charges, then you could probably apply to have them set aside, BUT read all the posts in the thread I sent you to above first though!!

 

If they do not include a large proportion of bank charges there is probably not a lot you can do about them?

 

But as I said, you need to give us more information and explain things fully. We cannot advise correctly if we don't have the full facts

 

Also you need to be fully aware of all the possible outcomes and ramifications before doing anything, it is better if you spend a few days reading all the relevant threads here to ascertain what is best for you.

 

Have you read the thread link above?? you need to do that first, it explains everything, then come back and ask questions.

[Isiris]

Far too many beers e think with the footy so I will start again, and thanks for your help.

 

I do not have a solicitor.

 

I have 2 CCJs, one with BOS which is being collected by Bryan Carter

Another with HSBC which is being collected by DG Solicitors

 

The BOS one is ALL charges

The HSBC one is a conslidation of three accounts which will include charges

 

BOS have had a bailiff call on me for one months payment.

The HSBC debts have received regular monthly payments.

 

I am now looking to recover the charges as necesary but am concious of the court orders and need to know what to do with them. Will a simple letter saying this amount is in dispute be enough or will I have to go to court first to stop them persueing me on the grounds that I have an order against me.

 

Sorry for before

Thank You

[chrismc]

Now we are getting somewhere, firstly I would write to the Court who issued the BOS one asking for it to be set aside, you need to send in a form N244 which the court will send you, the reason for set aside is:- "you agreed with the full amount of the judgement at the time, but now only agree with part of the amount?" eg new information has come to light which may make a substantial portion oif the debt unlawfull ie bank charges. See Post 22

 

However, back to the thread above post 25, you cannot do this if you have made a written defence or attended court as a Defendent!

 

Also on the BOS one I would send in a DPA request to BOS and see how much is actually fees etc, you could in effect stop paying it and if they ask why tell them it is in dispute due to recent information and recent consumer legislation that has come to light but that is up to you.

 

Then I would write send a DPA request to HSBC and get a copy of your record and add up how much has been added in bank charges etc, determine what proportion could be due to unlawfull bank charges and fees. Then once you have determined that, you can decide what to do about it, in the meantime I would suggest you keep making the monthly payment on this one, that is exactly what I am doing with one now.

 

That should answer your queries.

 

Chris

 

[Isiris]

Chris

 

Thank you for your time. I will do exactly that.

 

All the CCJs were entered by default so never entered any plea

[chrismc]

Then follow the steps above and in the other thread and you don't have anything to loose if it doesn't work, but everything to gain if it does.

 

It is a bit of an unknown area this at the moment, but I am doing exactly as you and I am further down the road so keep watching my threads as I update them regularly. (links in signature)

 

Chris

[Isiris]

Morning all

 

I have a N244 form and filled it in. My evidence in part C is as follows

 

The amount of the claim by the claimant is all in respect of Bank Charges

 

Following a report by the Office of Fair Trading on 5th April 2006, I have recently discovered that the charges imposed by the bank are unlawful under Common Law and Staute.

 

Upon having the judgement set aside, I will be pursuing the claimant most vigorously for the amount of charges already incurred and all costs associated with this action.

 

Now should I foreward this to BOS solicitor and ask if they agree for this to be set aside or shall I just send this in without haste to the court??

 

Also, there is a bit at the top for information for the listing. These are the questions

 

How do you wish to have the hearing dealt with

Give a time estimate of How Long for the hearing

Is this agreed by all parties

Give dates of any trial period

Level of Judge (I want John Deed)

Parties to Be Served

 

I appreciate any help on this.

[chrismc]

 

Send direct to court, don't bother with the BOS solicitor. It is the court that decides whether to set aside or not. I wouldn't inform their solicitors as it they may try and intervene.

 

The other bits were not on the forms I sent in?? I would have to see them to advise, but I think it sounds similar to the moneyclaim questions, just do a search on here I am sure those have been answered here somewhere.

 

I received a letter back from the court today, apparantly they gave me the wrong form last time so now it is going back again on the correct Form N244 with a £65.00 few they have asked for.

 

The reason I have stated in Part C for set aside is:

 

Quote

The reason being that new evidence has come to light that the charges applied making up a significant portion of this debt were in fact unlawful at Common Law, Statute and recent Consumer regulations.

 

Additionally, it has now been confirmed that their particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary

 

Their concealment of the true nature of their charges has prevented me from asserting my right until now

Chris

[deathshead]

hi chrismc, after reading your posts i am now going to do the same to egg

i have downloaded the form N244 from the web

notice it only asks/gives space for one address to send documents to

assume this is the defendants and i enlcose mine seperately?

any advise would be welcome

[Isiris]

Right, I have just received a court date for August 7th but I am on holiday.

Now, I have phoned the ocurt and they say I have to pay another £65 to change the date.

 

Surely this cannot be correct.

[NitrousOxide]

Hi,

The outcome of a set aside has to be different. So it's best to keep it short and to the point on your claim. By saying the charges are unfair and that you didn't realise at the time is actually quite valid as you are actually disputing the amount owed which can get set asides granted.

However don't be surprised if you do actually owe anything for them to go after you straight away for the undisputed amount.

I'm applying for a set aside but for very different and personal reasons on my C1 account.

The best thing though is when someone tries to CCJ you and you get it struck out:)

[Isiris]

Hi,

 

However don't be surprised if you do actually owe anything for them to go after you straight away for the undisputed amount.

 

Sorry, I dont understand this bit

[NitrousOxide]

If you do owe anything afterwards, they might CCJ for what you owe.

[Isiris]

In court on Thursday regarding Judgement

 

The beauty of it all is they are not playing ball with my DPA request.

 

They had until Aug 5th to supply the statements but despite 2 reminders they have not. I have today faxed the branch regarding this as they will not have enough time to have them too me by Thursday.

 

If I am able to have the judgement set aside, am I able to claim back all the Bailiffs fees on the account

 

Thanks

[Isiris]

Right

In court today, got the judgement set aside despote the Bank Of Scotland objecting in their letter.

 

Basically, I pointed out that i was unaware that these charges were unlawful and since the OFT report, I have acted within a reasonable time scale to ask for the set aside.

 

He has given me 14 days to file a defence, which will be a counter claim, and a further 14 days for the completion of the allocation questionaire. I did try and pick his brains a little when he said none of these cases actually get to court, he replied no they dont and I said I believe their was one that was referred to the Mercantile and he said it had been settled also

[NitrousOxide]

That's fantastic news.

 

I'm hoping to do exactly the same as you, except I'm stuck on how to fill out the N244 form. ooops.

 

Well done.

[Isiris]

What r u stuck with, I will try and help. Just my opinion though.

 

The judge, while not telling me, seemed to insinuate that it was important that I mention the OFT report as a means to how I had discovered the charges were unlawful.

 

To be honest, and I may be WAY off, I got the impression that they were peeved of with the banks as he pointed out none had gone to court, the OFT report, etc etc

[gbd]

He has given me 14 days to file a defence, which will be a counter claim

 

Just to clarify - your defence is not a counter claim.

 

If you want to do a counterclaim you do a counter claim AND a defence. You must do both as without a defence you could end up with another judgement by default.

[Isiris]

Thanks for that

[Isiris]

VERY interesting letter came through my door this morning.

 

it was just to set out what I had to do as agreed by the judge

 

but at the bottom was the following:-

 

The reasons for this order being made by the district judge are that the defendant made this application personally promptly after he became aware of the OFT report on bank charges. The proposed defence has a real prospect of success.

 

I wait for my cheque from HBOS

[NitrousOxide]

Hi,

Stuck on this section:

 

[Isiris]

All I did was tick 1A

 

Hope this helps