Lost my case

[andyaddick]

Cracking Friday afternoon I had in the county court.

I was trying to get a CCJ set aside as I never recd the summons in the first place, all i got was a default through the post. Judge, bless him, I quote, "well i dont believe you" ,,, his word against mine,,great,,, so there you go , now have a CCJ that i've never been able to offer payment for in within the given time and Lowells guning for a "Final Charging" order on my house ,,, dont you just love em

[Bookworm]

 

How awful. Don't know what else to say.

[Curlyben]

Now that's a complete bugger.

 

Now I assume that part of your defence was unlawful charges as well as the none receipt.

 

Did the judge grant an instalment order ?

 

Judgments

 

Applying for a reduction of an instalment order and/or suspension of a warrant of execution

[andyaddick]

Hi,

 

there's going to be another hearing as Lowells couldnt get the order on friday , they have to contact all creditors.

 

I asked about the Data Protection act being brocken as Lowells had a copy of my account with the creditor, with an X partners name on , Judges responce was, "why would the creditior have to ask YOU for your permisson to give these details" ,, oh he was soooo nice, its a real bugger I was 6mths out with my dates for breach of the Limitations Act ,,

 

My action has been a letter to Lowells asking for them to drop court action as I should be able to offer payment in full , hoping to get the CCJ at a state of "satisfied" before the next hearing.

[lihi]

Cracking Friday afternoon I had in the county court.

I was trying to get a CCJ set aside as I never recd the summons in the first place, all i got was a default through the post. Judge, bless him, I quote, "well i dont believe you" ,,, his word against mine,,great,,, so there you go , now have a CCJ that i've never been able to offer payment for in within the given time and Lowells guning for a "Final Charging" order on my house ,,, dont you just love em

 

I'm so sorry for you.

 

I thought with CCJ's in these instances the sender had to prove postage and receipt? Shoe on other foot we'd have to prove that they'd recieved it surely?

[The Phantom]

Unbelievable. No wonder people loose faith in the justice system here

[rich2568]

I'm so sorry for you.

 

I thought with CCJ's in these instances the sender had to prove postage and receipt? Shoe on other foot we'd have to prove that they'd recieved it surely?

 

I think you will find that any DJ will state that once the CCJ has been `served` at the last address known then it will stand:( . By served, I just mean popped in the post.

 

I would like to know of any case whereby the defendant has had their CCJ set aside, and whether it was because they stated that they have never recieved it in the first place!

[Robdblynd]

I would like to know of any case whereby the defendant has had their CCJ set aside, and whether it was because they stated that they have never recieved it in the first place!

 

Yes, and yes, I did for my OH against CapOne. With help from Laiste.

[ODC]

Surely Clownells would have had to have some sort of proof that they had served the summons on you. What ever happened to pre court protocols and all the rest. Now I am not saying Clownells didnt post a court summons but it would be VERY CONVENIENT for them if you did not appear in Court to defend against them. If you have not done so already I would suggest you seek legal advice as to what remedies are available to you.

[sequenci]

My understanding was that you would need to show the court that you didn't receive the paperwork AND that you have a reasonable chance at a defence?

[dave]

How would one prove that they didn't receive something?

[tomterm8]

How would one prove that they didn't receive something?

 

In my experience, by writing an affidafit to that effect. (remember, in the absence of evidence to the contrary, an affidafit should always be taken as the truth by the court).

 

Yeah, I've seen any number of CCJ's set aside for these reasons, but you need something more that just he absence of paperwork. You need a defence with a reasonable chance of success.

 

You should be careful with set aside applications. If you lose, they are not cheap.

[ODC]

How would one prove that they didn't receive something?

Surely the burden of proof should rest with the DCA to prove that a summons was served. Sending a letter recorded deliver would only cost them an extra 75p or so and then they would have proof that they had posted it and it was received. I wonder how the Legal Syatem would view a debtor sending off a CCA and not sending it recorded. The DCA could deny ever receiving it (just like they do now allegedly) and how then could the debtor prove they were in default or have committed the summary offence. I thought postal service was only good if all other reasonable methods had failed

[andyaddick]

Hi all,

 

As ive said, I never got the paper work, my defence was the limitations act , but Lowells, bless them, had a photo copy of payemnts, with an x partners name on the account, i was a couple of months short of the breach , bugger

 

Asked how they got this and the data protection act as a partners name was on the account, judge just ignored me, seemed more worried about the time we were taking ,, "come on we have to move on , these things cost money you know" ,,, no reply yet from Loewlls re me requested that they drop legal action as i will bemaking an offer.

 

Id love to be able to afford a decent lawyer , power to the people !

 

Andy ,,, very very vey skint !

[ODC]

Who actually made the payment You or the EX

[andyaddick]

it was from a joint account, clearly marked on the account details

[dencha]

Hi All

 

This is a long way down the line. Would it not be prudent to demand a copy of the CCA from Lowells via Shoosmiths within a short time period.

 

If a CCA cannot be provided would this not put into question the legallity of the original hearing brought by Shoosmiths and be a reason to have the case set aside.

 

Dencha

[andyaddick]

when i asked the guy acting for Lowells "are you from Shoosmiths" he said no , they have dropped the case for some reason ,,, id like to know why !!