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


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phoned court and they told me it seems unusual. The person who deals with charging orders is going to phone me tomorrow regarding it. Maybe I am right in thinking that they thought I wouldnt even turn up for the set aside judgement, or maybe they were thinking they could charge 2x costs for the same 30 minutes.

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Hi joncris. thanks for reply. until tomorrow when i speak to the guy who deals with it i really don't know. If you could point me in the right direction in this forum that would be very much appreciated.

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hi bradz that so nice what you said about your wife, its just one of those thing and will sort itself in the end, can't believe they obtained a charge like this, don't think the van will have to go. Take joncris's advise, he's given me some amazing help over the months, definately knows his stuff.

 

Phoned the court yesterday and said the 28 days are up , what now, the lady said its stayed until the 11th sept, i said well really the 28 days means nothing and that i can'y believe it is still continuing when i first asked for information and documents in febuary, shes sending me a form to apply for it to be struck out. Is the judge likely to throw it out ! Need this to be over now, I would of thought the judge couldn't do anything else as no proof but NOTHING would surprise.

 

Going up to Devon to see the inlaws tonight so won't be around for a couple of days, enjoy your weekend everyone.

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Thanks joncris, I was in court last week (thursday) for a set aside application and it got adjourned. All I want is proof or no proof from them within the 14 days, am on day eight now and nothing in the post (except a letter from provident offering me a loan at 183.2% APR). From wht i gathered the judge said that if they didnt provide tyhe proof then it is statute barred which seems good enough to me, i just dont want it draggin on and on cos its been p****n me off and I am fed up with seeing a silver lining just to find out that these people work the system and are used to doing it and they wont lose sleep or worry. anyway 6 days and counting, am away tomorrow for the weekend and am going to chill my butt off. Have a lovely weekend and rudy1 well done for the last 28 days, i know what its like waiting for postman pat have a great time:grin:

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Thanks joncris. Have spoke to the guy at local county court who deals with charging orders, he was very helpful. Situation is this.

 

The hearing is adjourned until 23rd october. He explained that I was there for set aside hearing, claimant was there for charging order (both have been adjourned. My hearing is first and if i lose then the claimant has to prove that I made payment in the year/time claimed, if i win judgement set aside. Seems like they need to prove payment to me! Also asked if i don't hear anything in the 14 day order then what do I do. Advised to write to court and ask for claim to be struck off if they havent supplied information and also write to claimant advising them of my intentions. Was also told that 14 day period is not exactly as it says ( a few days over might not make a difference). because of the timescale involved with me having time to respond. Next step is SAR, at least I have 2 months to get details back. 10 more quid of my hard earned but hey it's a learning curve, any newcomers reading this thread or any other on this wonderful forum all i can say is read, learn, be involved and thank your lucky stars that you are here.

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absolutely

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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Hi all Nothing in the post today so thats 3 days left for them to comply with judges order for them to supply details within 14 days. Has anyone got an idea if there is a charge for me asking the court to have this struck off when i send the appropriate form back (N244) assuminig nothing is here by thursday.

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Fingers crossed bradz, clearly not coming up with the good, i think its about £35 for some reason but i think you can get that back from the dca, not sure, i'm going to ring national debt line today to get help filling out n244 and find out what i can claim etc, have a good day

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Hi all well there's still no response in the post today, just leaves tomorrow. Thanks for the offer letitbeme, good luck for tomorrow and hope you are succesful with your request. I will PM you later tomorrow. I feel somewhat dissapointed with my situation because my hearing was adjourned for over two months and I feel that if I apply for strinking out the judge may not order because there is still a long time for the claimant to give me details and for me to respond. Will just see whats in the post tomorrow and if nothing comes, phone court and start writing letters. Off to earn a few quid to pay for court costs lol in one hand and out the other.

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Day 14 and nothing in post, have phobned court and they have not recieved anything either. let us know how you went on today letitbeme will be interesting and helpful to me and others, looks like you are in now so well done.

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  • 4 weeks later...

Excellent news rudi am over the moon for you :D. Lowell have sent my solicitor a fax of a statement from lloyds claiming I made a payment in 2002, only details on it according to solicitor are payment made to agent. Will be recieving copy tomorrow so will see what it says exactly. Solicitor reckons that was all lowell had to do to comply (even though it was a month after their 14 day order had run out) he says it dont look good for me either)). He will write to them asking for more a detailed account as i feel that they are too vague and it doesnt help my chances of a proper defence. Will post details tomorrow and hope someone knowledgeable can also help me with it. Once again Congrats Rudy its been a hard slog but you didnt give up:)

Edited by bradz1711
abysmal spelling
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  • 1 year later...

Hi all. Have been away for a while and hope all are as well as can be. I wonder if someone could be kind enough to advise on a matter for me. In October last year I had an appointment with Lowell at Blackburn County court, the appointment was at my request to set aside judgement, I had been duped by lowell into not responding to a summons from Northhampton bulk court. And at ensuing hearing at Blackburn I put my defence in as.

1) I had been misled by a lowell representative, I had been told on the phone that lowell would rearrange the hearing date and transfer it from Northhampton to Blackburn and that I need not worry (I actually believed him at the time)

2) That I believed that the debt was statute barred and wanted to see copies of original credit agreement and any payments made including dates and who they were made to.

 

The judge pordered that a new court date be made and ordered lowell to provide proof of payments otherwise he would grant my request for setting aside. The new date was fixed and meanwhile I had paid a solicitor to help me fight back. The evening before the new court appearance my solicitor called to say that lowell had contacted him and were willing to accept half the debt and to remove the interim charging order if I agreed to pay them. I refused thier offer, The next day my solicitor called to tell me that lowell had agreed to have the judgement set aside and the charging order removed and that they had informed the court of such. My solicitor had already filed my defence and contacted the court to agree on the setting aside and removal of order.

 

Nearly a year has passed and to my surprise I reived a letter from my solicitor on 11th of september with a general form of judgement or order attached from Blackburn county court.

The form is dated 09 September 2009

It states that before deputy district *******

 

Upon the courts own initiative,

 

IT IS ORDERED THAT

 

1. unledd the defendant do by 4pm 25th September 2009 do file a Defence the judgement dated 14th May 2008 shall be re-instated.

 

2. This order has been made by the court of it's own initiative under CPR 3.3 and any party affected by it has a right to apply to have the order set aside, varied or stayed within 7 days from when the order was served on the party affected by it.

 

My soilicitor informs me that he has contacted the court and that he had already submitted my defence in October 2008 (the set aside hearing that lowell had agreed to my requests of) and he has also sent copies of the said defence on the 11th of September which complies with the courts request that I serve a defence before 4pm 25th september 2009.

 

I know this may not be worded by me in the best way but if anyone reading has any info/advise on what it means i would be greatful for input, ie why would the court just decide to do this? Has anyone else experienced this?

My solicitor whom I no longer contract with (for financial reasons only) tells me that the court has got it's wires crossed and it should be o.k, but that it may wake lowell up as they have not been in contact regarding the alleged debt.

 

Thanks,

Dave.

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  • 3 weeks later...

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

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). and secondly should i write to the claimant demanding that they do provide them within the specified time. 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.

Help advice very much appreciated

Thanks in advance

bradz

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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

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Thanks for the quick reply and advice andyorch. Yes I filed a defence I was paying a solicitor and he filed my defence for me, the court got it's wires crossed somewhere but the solicitor sorted it out. I assumed that paragraph 5 meant that the claimant had to provide me with the evidence I requested, problem is that all through this mess Lowell have never given me a signed copy of the original agreement and I don't believe they have one. Assuming they don't or cannot provide the evidence within the 21 days would I have to apply for the claim to be struck out? I know that I have until january if it does go as far as court again but I want to be as prepared as possible with any defence. It was lowell who did not want to go to the set aside hearing and informed the court that they agreed to set aside and remove charging order, the evening before the hearing they phoned my solicitor offering to accept half the debt and remove the order, I declined the offer.

Thanks bradz.

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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

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Hi andyorch thanks for the advice, does discontinue mean that they will discontinue the claim? and if so does it mean that they can reclaim at a later date? sorry to sound dumb but have searched site and cannot find the meaning.

Thanks

bradz

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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

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