Backdoor Lowell CCJ/CO - old Barclaycard debt - prob SB'd - Set Aside - Now Stayed

[bobneedhelp]

I am going out for a walk now and have some fresh air and just walk and walk - I will be back later THANKS.

[TheChancellor]

I am going out for a walk now and have some fresh air and just walk and walk - I will be back later THANKS.

 

 

Good Luck Bob.Remember DLTBGYD

[debbbbsy]

Bob, from my own experience at my charging order, the Judge made it perfectly clear that because of the current state of the housing market, & if every charging order became an order to sell the courts would be putting 1000's of people on the streets everday & they are reluctant to do

this.Yes they have the CO, but they can do nothing withit.

So please put this concern to one side & focus on getting this setaside.

Debs

[bobneedhelp]

Thanks debbbbsy for the reassurance and will focus on the set a side. I need every reassurance and support as this has happened so fast ...i am still getting my mind to accept it fully .... I am feeling ok'ish and will fight this through and I am sure I will come out alright in the end ..whatever the end maybe.

[surfaceagentx20]

Bob,

 

Have you rung the court yet to find out what date has been fixed for the hearing of your application? If not I urge you to make the call ASAP.

 

x20

[bobneedhelp]

x20, Olive and everyone hello to you all

Today I call the court and they inform me that they have adjourned the Charging Order Hearing till next month - this is to allow each side to PREPARE??? for the case - they also told me that the Set Aside Hearing will be heard first and then the Charging Order Hearing - this I assume is good, as has been advised by x 20 to make sure that I get the Set Aside first. Now What? Do I wait or do I need to consider and prepare anything?.

 

I have written letter M and N to the DCA's and it should be with them by now. Question?I wait for the 12 days and then what?

[surfaceagentx20]

Good news and as I figured should happen in post 64.

 

You must therefore wait to learn when your application to set aside the judgment will take place. All the grounds in support of set aside are set out in your application notice. If the opponent intends to oppose your application they may wish to present written evidence. Let us know in due course when the set aside hearing will take place and whether any evidence comes in from the oposition.

 

x20

[bobneedhelp]

ok x 20, I will post as soon as I hear from the opposition. May I ask what are the some of these written evidence they can come out with? some examples maybe from previous experiences if any!! I am getting excited and also feeling rather nervous with the developments to date - BUT I know I am doing things now with good help and support and I am telling myself to be brave and do this to get me back to the ground and off my feet once again.

[surfaceagentx20]

The main feature of your application to set aside the judgment is that you have a good defence to the claim. That defence is that the debt was statute barred when proceedings began.

 

Any evidence from the opposition will be designed to show the debt is not statute barred. They might do that by showing that when they began proceedings

 

[1] the 6 year limitation period still has time to run,

[2] you had made a payment in reduction of the debt not more than 6 years before, or

[3] you had delivered a written acknowledgement of the debt to the creditor not more than 6 years before.

 

As I understand your case it is that the opposition will be unable to show any of these things, but you never know. Hence, as and when and if they come up with anything, let us know.

 

The other issue they may raise is that the application to set aside was not made promptly enough. I covered that point in the evidence in support of your application by saying it was made as soon as you knew about it albeit the judgment was quite old. The opposition may suggest you knew about it much earlier. I do not know what the oposition might rely on. However the important point to get across is the debt was statue barred. Any issue about promptness will be secondary if ignoring the statute barred defence would lead to manifest injustice. Dealing with cases justly is the fundamental objective of the court.

 

x20

[bobneedhelp]

I really could not remember the time

- I can remember i suffered from stress and depression from work around 97 until 2000/01?

when i finally had to resign from work.

 

I had treatment and been to my doctors on many occassion …

.sick notes, anti-depression prescriptions and now still suffers from stress and depressive symptoms.

 

That was the toughest and hardest period of my life ..

and me going round to live with different family members,

friends was life support then

 

..in addition to the family taking me back to my home country to take me away from these stresses which they felt was not doing me any good.

 

Since I was not working and suffering from depression, repaying debts was last of my issues.

 

I know these debts was from around 88-91,

and following my separation/divorce I took over all debts and repay small amounts from 92 until 2001 or so

..I cannot find any information to verify this though.

 

So, I cannot remember when I last made payment but i think I stopped since suffering from depression and soon after I resigned from work 2000? or 2002?

 

They can write to my doctors and they will have this record.

I don't even know these exact dates because i cannot recall at all!!!!.

 

So I hope the debt is statute barred. I shall wait for their response on the letter M & N and post these on for all to see and advise me on what to do next.

 

I am now building my courage to pay and locate the other CCJ (which I do not know where it is from) for the moment. I would like to send a N244 at some stage.

 

I will post when I receive anything from the court ...thanks and thanks.

 

I am going to have a good rest this weekend and just go for walks and walks ....to lighten things up ...thanks for all the help

[bradz1711]

Hi Bob

am going through the very same situation here.

 

was in court 7th august for set aside and claimant was there at same time for charging order (they had already got interim order).

 

Both claims adjourned for 2 months.

I too am claiming that the debt is statute barred and on the day the judge ordered that the claimant send me proof of any payments that were made within the 6 year period and that they must do so within 14 days.

Needless to say they sent nothing.

 

Dont worry about the charging order too much,

if you win on the statue barred defence then any charging order will not exist and if you are unfortunate not to win then it is highly unlikely that you will be forced to sell property as long as you come to an arrangemnt to pay off debt(this is a scenario that we dont want to see).

 

I have had a solicitor write to the claimant today to make them send the details hopefully they will see that I amighting them all the way and if they cant provide proof then they will pull out. Good luck mate and keep your chin up:D

[bobneedhelp]

bradz1711 ..gee thanks for the encouragement and support ...a new experience and it is frightening ...not knowing the unknown ....but I am keeping my chin up and thanks again ...

[bobneedhelp]

x20

Letter received from court - can I put court name and the adjourned dates on reply? or not? Please advise me what action (if any) do i need to take?

 

The letter reads:

 

Before District Judge (name) sitting at Court (name and address).

 

Upon the Defendant having made an application to set aside judgement.

 

IT IS ORDERED THAT

 

1. The Final Charging Order hearing listed on (date/month/year) be adjourned and re-listed together with Defendant's application to set aside judgement on (date/month/year at 2.00 p.m. with a total time of 30 minutes.

 

2. The Interim Charging Order to continue in the meantime.

 

Dated 26 August 2008

 

Now What?

[bradz1711]

Hi Bob your welcome,

I know how worrying and frightenning this all is.

 

Your letter says more or less the same as mine only mine said tha the claimant was ordered to supply details (proof of payment within 14 days, I didnt get my letter till 16 days after the hearing and a solicitor has advised me that in escence the 14 day order really doesnt mean a lot because it does not state what action the court will/can take if they fail to comply (which they failed to do).

 

 i phoned the court a few days after hearing and was told that 30 minute timeslot was because of both hearings in same court and that my hearing would be first and then they would have their hearing.

 

Its all frustrating but remember at the moment the charging order is pending so the havent really got your property.

 

I will stay with this thread and when i hear from my solicitor about whats happening and which options are available i will post details.

 

Dont let them grind you down pal at least you are here and theres plenty of help and support, some poor souls are just facing this alone.

[OLIVE.FAMILY]

Hiya Bob,

 

Sorry I aint been around much. Had a few court issuses to deal with myself. I could still be about for hearing for moral support will let you know nearer the time. Looks like you are getting more control over this now so well done. Keep up the good work you have been getting some very sound advice.

 

Olives xx

[bobneedhelp]

Thanks Bradz1711 for the information .

.it is really useful and I need all this support and help to see me through this ..

 

.. it has not been too easy for the last 6-8 years but I have not face my own demon and hopefully come out feeling better ,

one way or another

...it is tough and hard not knowing and feeling lost but with all the help and support here at CAG,

I will come to the end of this.

 

Olive, thanks and I know you have been busy dealing with your own issues at court and I hope it went alright there.

 

You are right,

I am keeping my head high and although feeling worried,

I am beginning to get to grips (albeit very little at this stage) ..

.. I will get to the end of this with all the support and advise.

[bradz1711]

Every little grip that you get bob adds up to a big grip and less grip for them.

Waiing can be the worse thing and I hope that your hearing is sooner than mine,

 

The DCA machine is is mainly automated and the courts are so busy at this time that sometimes it feels like you are left alone with nothing beng done.

 

Every positive action that you take will help in the outcome of all this so each time you take one just congratulate yourself,

post on here letting people know and remember the advice/help you receive here has been someone else's worry, fear and stress at some point and one day your experience with this will help others.

 

might sound like an old hippy dude but hey they might take my money but not my soul;)

[bobneedhelp]

yes bradz1711 ... every grip is a move forward for me:) thanks

 

I am now receiving replies from other DCA's re: CCA and Statute Barred letter which I wrote to them about a week ago but nothing from the DCA who has put an Interim Charge on my house.

 

My other thread (Registered County Court Judgement) if anyone would like to read and help advise me if you had experience - thanks

 

x20 hello there ..

.hope you are still around to be able to give me some help and directions further

- if not i can understand that you too are busy helping someone else's or sorting your own issues out.

 

Please let me know if you can still continue to help me through this one

- you have done soooo much already ...

 

.I guess these few days of quietness has suddenly hit me on the actions I have taken to date ...

.and I must say I have done good

 

and thanks to you.

[surfaceagentx20]

Bob, Re your post no84, 'Now what?'

 

You wait for the day of the hearing to arrive and then go to court to present your application. The oposition may submit evidence of its own in order to argue against your application. We will just have to wait and see.

 

If any evidence is provided by the opposition before the hearing let me know what it is they say. Don't speak to them on the phone if they ring. Tell them to put it all in writing.

 

A little nearer the hearing drop me a reminder and I'll put a little crib sheet together for you to assist you getting the necessary points across to the judge.

 

x20

[bobneedhelp]

x20 ..thank you ..if I hear from the dca, will post here immediately for advise.

 

hello x20

On to my other thread (Registered County Court Judgement) I have now found out that a CCJ has been registered against me and I got the case number - You asked me to open this new thread and mentioned previously that we also might need to put in the N244 to get the CCJ set aside and that the wording for this letter might have to be worded differently.

 

If you have a little time, x20 PLEASE can you visit my other thread above and offer me some guidance on this matter too. I know postggj has been helped and guided me thus far on the thread and I very much appreciate and thank him for that far but any other help will be needed for me too.

 

I am trying very hard to be well inform of changes and development and new things comes up and I am unsure of what to do next.

 

If I am getting out of hand and should not be writing here, please tell me so.

 

registered county court judgement This is my other thread if you like to have a look and advice.

I am learning to use the link??

[surfaceagentx20]

Bob, that link doesn't work but I've found your other thread on the 'find threads started by' search facility.

 

Go see what I have written.

 

x20

[bobneedhelp]

x20 thanks for telling me and yes I have looked and reply to your questions there.

 

I am very tired and will close my eyes and get some rest. Some friends is coming tomorrow to take me to their house for the weekend to have a break/go for a change of environment. So, I might not be able to get online but I will try to log on if possible. Otherwise I will be back after the weekend. Sorry if I do not reply if you have given me guidance/advise.

 

had a couple of hours of sleep ..a little better ..nothing posted for me to action on ... I will await guidance ...thank you all for time and brilliant effort in helping me see through this ....the sleepless nights is all worth it ..thank you again

 

I have heard nothing from the dca as yet so will wait till tomorrow.

 

x20, I have the hearing on oct 27 and I have written CCA and Status Barred letter and the 12 days end around Sept 10? - lowell/dca have another 30 days to respond which will be around Oct 10/12?

What happens if they do not reply? Can I use this at the hearing?

I was reading about SAR letter? is there a point in writing this letter too?

Help Needed please

 

x 20,

DO I need to write to the court to inform them that I have written the CCA and Status Barred letter requesting for information and to let them know that to date I have not receive any replies from them? as part of my additional defense?

 

x20 another question - i have been reading thread about CPR - is it useful to write to the lowell/solicitors with this letter too.? since I have not heard or receive any replies/

[surfaceagentx20]

bobneedhelp said:

x 20,

DO I need to write to the court to inform them that I have written the CCA and Status Barred letter requesting for information and to let them know that to date I have not receive any replies from them? as part of my additional defense?

 

Nope

 

x20

 

bobneedhelp said:

x20 another question - i have been reading thread about CPR - is it useful to write to the lowell/solicitors with this letter too.? since I have not heard or receive any replies/

 

Non

 

x20

[bobneedhelp]

x20

ok thanks for reaffirming. So now i just wait until they reply (if they do post dca replies here for further advice/guidance) or go to hearing, right?

[surfaceagentx20]

Yes, let us know of any response you receive from the creditor.

 

x20