Tesco Personal Finance CCJ - no claim form received **WON**

[Robdblynd]

Go for it Blossom, I was successful in getting set aside for my Oh on a Cap One card for the same reason.

 

We didn't get the paperwork and the first we knew was when the Bailiff rang us (on ex directory number) asking for the money.

 

Applied for set aside and quoted non-receipt of original claim form, would have entered defence and counterclaim as unlawful charges applied to account outweighed the amount being claimed, and no enforceable agreement. (Thanks CAG).

 

Got the set aside and then the solicitors acting for Cap One (our "friends" Bryan Carter) sent notice of discontinuance. Game over.

[Robdblynd]

Well all I can tell you is what I did, which was filled in the N244, photocopied letter and statements etc highlighting the charges, did a spreadsheet from the templates library on CAG showing the charges etc.

 

I worked on the basis that if I gave them all the info I wouldn't have to take it them later and they could have a good look before the hearing.

 

Yes you will probably have to go to a hearing but it's very informal. You and the DJ in a smallish room sitting at opposite ends of a long table. The claimants may or may not turn up, in my case they didn't, they wrote to the court instead saying why they opposed the set aside. The DJ reads your stuff, reads theirs, asks questions and makes a decision based purely on the law and what info you've supplied which shows you have a valid reason for your request and that you have a reasonable chance of not having a judgement entered against you had you received the original paperwork and defended.

 

Hope this helps. And the very best of luck.

[Robdblynd]

Thomas, as always, fab advice.

[Robdblynd]

BAE, I am delighted you were seuccessful, well done.

 

You will get others trying to get money out of you, it's the nature of the beast I'm afraid.

 

Now you've seen you can fight back .... go for the throat.

 

I'm pleased I was able to help, even if it was only in a small way. And if ever need any advice again, just yell and CAG will come running.