backdoor lowells CCJ - LLLoyds Loan - poss already SBd - set aside judgement adjourned

[AndyOrch]

I had a default judgement made against me in May 2008 by northampton CC. I was successful in having a judgement set aside and a charging order removed last October. The order was ammended by the court in february 2009 (this year) and stated as follows.

1The judgement dated 14 May 2008 be set aside

2The interim charging order dated 7 july be dismissed and the claimant do forthwith remove the land registry entries protecting the same

3The Defendant do file and serve a defence within 14 days have you filed?

4Upon the defendant complying with paragraph 3 the claim be allocated to the small laims track and allocation questionaires be dispensed with

5Standard small claims directions do apply save that the claimant do provide the defendant with copies of all evidence it seeks to rely upon at the final hearing within 21 days of recieving this notice that the claim has been allocated to the small claim track

6The costs of the hearing on 7th August and the application to set judgement aside be reserved to the final hearing.

 

I have recieved the notice of allocation to the small claims track today 10th October (dated 8th October). Could anyone help explain a couple of things. Firstly does the claimant have to provide me with copies of all evidence within 21 days from today (signed copy of original credit agreement, proof of any payments made including dates).Yes and secondly should i write to the claimant demanding that they do provide them within the specified time.Dont need to the DJ as ordered that they do if they dont strike out the claim I am also considerring writing to them and telling them that if they drop th claim then I will not put in a counter claim because I believe that they cannot provide the above documents and that without the original agreement being available then there is no contract.Hold back on that for now

Help advice very much appreciated

Thanks in advance

bradz

 

Regards

 

Andy

[AndyOrch]

By way of the DJ order if the Claimants fail to disclose within 21 days then you have right to make application N244 for an unless order and strike out.The DJ will probally allow one last chance and failure would lead to strike out the Claimants case.

It very much sounds like they are desperate to settle so i would be shocked if they do manage to provide the relevent paperwork.

I am glad you refused their offer but in the meantime keep your eye on the dates and watch for the Claimant they may try to discontinue within the alloted 21 days.

 

Regards

 

Andy

[AndyOrch]

It most certainly does,in theory yes, they may but would need recourse of the Courts permission,and very rare,better to strike it out then its dead in the water.

 

Andy

[AndyOrch]

Thanks for your replies and advice Andy, it's very much appreciated. Hopefully they won't comply within the time and I will apply for the unless order. If they did discontinue would they inform me or the court or both? Both you have the option to decline the discontinuence if you feel the strikeout is more appropiate Apologies for the what ifs, just trying to comprehend what it means and to set my mind at rest a little.

 

Wish you well

 

Regards

 

Andy

[AndyOrch]

Hi Bradz

 

May be worth a simple phone call to the CC dealing with your case and explain your predicament and difficulty in submitting the N244.In reality the Court could make its own decision and issue it due to your circumstances.

The alternative is to request the Unless without an hearing which would only set you back £40.00, just a thought but worth a go.

 

Best of luck

 

Regards

 

Andy

[AndyOrch]

Bradz

 

Can you type up or post (less personal) the last order recieved i need to read it word for word.

 

 

Andy

[AndyOrch]

Thanks Bradz

 

Couple of questions:-

 

Its dated the 23rd Feb 2009

Did you submit a defence within 14 days?

The Claimant had 21 days from 23rd feb to disclose evidence it relied upon?

Nothing recieved since this order?

 

 

Andy

[AndyOrch]

I would just draft a letter as per the Courts advise to the Case Managers explaining the above and ask them to Strike Out of its own accord.Utter nonsense

 

Regards

 

Andy

[AndyOrch]

Excellent Bradz

 

Hopefully this will conclude this nonsense for you, I wish you all the best with the outcome.

 

Regards

 

Andy