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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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LTSB Court claim - help please


remus
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Hi Remus

 

Might it be an idea to ring the court (the first one) and ask what has happened to the case?

 

My guess is that the claimants didn't file some bit of paperwork or fee and it has been stayed.

 

So, this new claim must be struck out (can't have 2 claims for exactly teh same thing running together) and they should apply for the stay to be lifted on teh original claim (which I would think you will want to oppose :) )

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Thanks for the update remus - so much easier to have it all together.

Just a query re: 'LTSB have no default notice, (I have) and are asking for this to be taken into account' Is it you or LTSB that is asking for the DN to be considered? Sorry, I have the DN, and have put in my defence that the DN did not have the prescibed time limits. LTSB asked the judge to allow non production of DN.

 

IMO they've forgotten they've issued a claim in Sept. 2008 & that a defence was submitted in July 2009 on court orders. However they can't just 'forget' & re-issue but at the moment you will definitely have to submit the AS & then consider your defence, strike out etc. This really is a strange one, maybe tickle the red triangle for some site team input?

 

If I don't defend this second claim, (which I will ), would it not get rubber stamped by the bulk court???

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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If I don't defend this second claim, (which I will ), would it not get rubber stamped by the bulk court???

 

Yes, you must send in your AS on time stating you intend to defend.

Within 28 days from service of the claim you must then compile your defence along the lines of 'this is a duplicate claim' & invite the claimant to withdraw it/the court to order a strike out. Don't forget you can then claim wasted costs ;) If they don't act on your defence, you can apply for a strike out yourself.

Post up your defence when you have drafted it if you want further help.

Edited by foolishgirl
typo

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 1 month later...

Hi all,

I have received a letter from Northampton Bulk, on my LTSB duplicate claim, "you have not replied to the claim form".

I have a print out confirming acknowledgement of service.

as the court is only open between 10 and 4 and I work all week, has anybody any suggestion as to what I can put in a letter to Northampton?

I am just fuming at the whole carry on,(and I know I am not the only one) and the faceless demand for monies that I haven't got, even with 3 jobs I find it difficult to meet even the basic demands on my money:mad:

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Just send a letter stating that you acknowledged service on xxxx, enclose a copy of the confirmation & state that you intend to defend. Send it Rec. Del.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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thank you for your response foolishgirl. I will get a letter done.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi foolishgirl, the court of its own motion has set aside the judgement.

 

"due to computor restraints Aof S/Defence has been filed in time but not logged"

 

AS stands and no costs. LTSB have 7 days.

 

Do I need to do a defence?, or is my letter, showing LTSB have made a duplicate claim enough,

Do I need to chase the CCJ on file (understand I have to wait for LTSB to respond), or is this done automatically? I have already had Eurodebt ring me, as the ccj is public knowledge.

Edited by remus

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi foolishgirl, the court of its own motion has set aside the judgement.

 

:confused: which judgment? Are they saying that a CCJ was obtained without your knowledge on the the defence you submitted way back?

"due to computor restraints Aof S/Defence has been filed in time but not logged"

 

AS stands and no costs. LTSB have 7 days.

 

That makes sense. They have now filed your AS & are giving LTSB 7 days to respond. Check with the court that they do respond, if they don't you need to apply IMMEDIATELY for a strike out. In fact, I would be tempted to apply for a strike out now (before allocation ;)) under CPR3.4 & 3.5 as an abuse of process.

Do I need to do a defence?, or is my letter, showing LTSB have made a duplicate claim enough,

Do I need to chase the CCJ on file (understand I have to wait for LTSB to respond), or is this done automatically? I have already had Eurodebt ring me, as the ccj is public knowledge.

:confused::confused: Now I'm thoroughly confused - which CCJ?? I thought you had submitted a defence in 2009 & the case was sitting on someone's back burner somewhere.

 

Can you post up the letter you have had from the court please remus? It might clarify matters somewhat.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hopefully I have uploaded the letters OK, will try again

scan0001.jpg

scan0002.jpg

scan0003.jpg

scan0004.jpg

Edited by remus

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Hi, remus.

 

I have unapproved your attachments, could you re-post them removing all personal details and make them a bit bigger please.

 

Regards.

 

Scott.

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Thank you maroondevo52.

 

 

Hi Foolishgirl,

 

Sorry for the confusion, they have issued a CCJ on the duplicate claim. ( post 104)

 

My letter to them with a copy of the AS has prompted the court to reply with the set aside. (post 107)

 

I will try and repost the letters received from the court acting on the duplicate claim.

 

The original claim is still with my local court.

Edited by remus

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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scan0002-1.jpg?t=1268771709

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

Link to post
Share on other sites

scan0005.jpg?t=1268771948

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Thanks remus for the copies.

 

This means that there will be no judgment by default entered on this claim as they have acknowledged you did send the AS in on time. The defence you will submit will stand; however I suggest you apply for a strike out on this immediately on the grounds that they cannot pursue 2 x claims for the same matter at the same time.

 

What was your deadine for the defence? An applic. MUST be submitted prior to this date. Shout if you need help....

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks remus for the copies.

 

This means that there will be no judgment by default entered on this claim as they have acknowledged you did send the AS in on time. The defence you will submit will stand; however I suggest you apply for a strike out on this immediately on the grounds that they cannot pursue 2 x claims for the same matter at the same time.

 

What was your deadine for the defence? I'm a bit worried about that, as I haven't sent one in on the duplicate claim, just the letter I sent, stating that it was a duplicate, and that would be my defence. An applic. MUST be submitted prior to this date. sorry,(I don't understand) Shout if you need help....

please.

 

Should I get a letter off asking for a strike out? or get a defence in, or have they taken my letter as my defence? not sure what I should do next.

 

Thanks for your help.

Edited by remus

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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They have ordered that the AS was completed on time & accepted that you will submit a defence(or otherwise ;)) from the letter you have sent. Your defence deadline date remains the same but I am suggesting getting in an application for a strike out before that deadline. So without trawling your thread again, what date is it?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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It was the 14th March:eek:

 

issued 25 Jan. A of S 13 Feb.

 

I have one more letter, dated 10 March. Judgement set aside and your Acknowledgement of Service has now been filed. could I use that date as it was the computors fault?

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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You're late remus! :eek:

 

You really have to keep a very close eye on your deadlines or Northampton may issue judgment by default - they may even have done so already. Suggest you phone the court immediately & ask them the postion, suitably grovel & ask that you be permitted to submit a defence out of time. If they agree, fax them a confirmation of the date agreed etc. & ask them to put it with your file.

 

I'll try & drop back later with an appropriate submission etc.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks for the help foolishgirl, I understand what you are saying about the deadlines,

as the court is aware that it is a duplicate claim, would they be able to issue judgement?

I work in the community so I have no access to a phone or fax, but will see if my daughter can get the information tomorrow.

 

Nightmare!

Edited by remus

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Share on other sites

as the court is aware that it is a duplicate claim, would they be able to issue judgement?

 

I assume they are only aware through the letter you sent them, it has to be made clear in your defence or strike out applic. as that is what a DJ will see & act on.

 

I'm afraid your occupation is no excuse in the eyes of the law eg. do you not have breaks, lunch etc. when you could get to a phone or the PO for a fax machine?

Edited by foolishgirl
addition

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi foolishgirl,

I managed to ring them, but was on hold for 40 minutes and had to give up. I am able to get to my local court on monday, would it be possible for you to do me a submission? I need all the help I can get with the terminology.

As you predicted they have issued a judgement by default.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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If they have already issued a judgment you would now need to apply to get that set aside before you can progress further & as you acknowledged the claim but just missed the deadline for defending, I am not sure what your grounds would be. Can you think of anything other than 'I didn't perform'???

See the CPR on this:

http://www.justice.gov.uk/civil/procrules_fin/pdf/parts/part13.pdf

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi foolishgirl,

 

Northampton court, have told me the set aside was issued in error and the ccj stands, so once again I repeated "this is a duplicate claim", and once again she referred to her senior, and said I needed to contact my local court to see how the claim stood, as it may have been dismissed and that is why scm have put in another claim.

 

My local court says it is live:) and tomorrow, I will drop in all the paper work on this duplicate claim, so that it can be put in front of the Judge.

 

Any suggestions what I should include in my covering letter would be appreciated.

 

And how do I claim monies spent?

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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As you predicted they have issued a judgement by default.

 

Northampton court, have told me the set aside was issued in error and the ccj stands, so once again I repeated "this is a duplicate claim", and once again she referred to her senior, and said I needed to contact my local court to see how the claim stood, as it may have been dismissed and that is why scm have put in another claim.

 

My local court says it is live:) and tomorrow, I will drop in all the paper work on this duplicate claim, so that it can be put in front of the Judge.

 

 

Now I am totally confused & suspect Northampton are too!!

 

1. Have Northampton issued a CCJ against you on this latest claim? If so, this will need to be set aside before you can go any further & as I said before, you would need to show proper grounds for doing so. As you have not submitted your defence in time this would appear to be a non-starter but as there is so much confusion surounding this case(s) you may get away with it.

 

2. If the case **** started last year is still live, that needs to be struck out or reinstated depending on what the situation is with the above. However if a CCJ has been issued on this latest case whilst the previous claim was still with the court, this may give you a reason for set aside of the CCJ.

 

3. What monies are you hoping to claim? If a CCJ has been issued, it will be you who has to pay up!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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  • 1 month later...

Hi, have been waiting till the end of the month to do the n244, to look at setting aside the duplicate claim.

 

1. My local court cannot locate my file, but have finally told me, the original claim was struck out last year, as they (SCM) may have not sent paper work in, in time. SCM were informed in November. I have had nothing from the court telling me the claim had been struck out, and so I was waiting for a hearing.

 

2. Letter received in November from SCM (post 91). "We find that the balance is still outstanding, but no Judgement has been obtained. Our Client would like to come to an arrangement....".

I had no idea that the claim had been struck out, so ignored SCM, waiting for directions from the court.

 

3. The CCBC have contacted SCM to clarify the duplicate claim, as per my letter.

 

4. SCM have confirmed to me, that the previous claim was struck out. They say they have issued another claim, because I did not reply to their letter in November.

They confirm Judgment has been entered against me as no defence was filed and served.

I may apply to set aside, but it will be vigorously opposed.

 

Could someone please help me with the N244, and the draft order for set aside. If 'I didn't perform', is my only recourse, could I have help with the terminology, and the fact I was unaware that the original claim had been struck out. Also the claim is that I have not paid, I am still paying a nominal amount, and have done every month.

My defence for the original claim centred on the default notice.

 

Thank you.

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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