CCJ court claim form received

[AndyOrch]

Hi Jodenice

 

Did you send the claimant a copy of your AQ?

 

Regards

 

Andy

[jodenice]

No i originally sent it to the court - thats what i am trying to find out, do I send them a copy of my form with our defence etc on it? Is this normal?

[jodenice]

bump

[jodenice]

Ok Weightmans seem to have ignored the fact that we sent a copy of our defence to them and have now sent us a copy of the claimants response. What do you think? I haven't written it all out exactly but this is the jist of it.

 

They have a copy of the of the first page of the original loan agreement, and state that due to high volumes originals are not kept but are instead microfiched. It says - despite efforts to retrieve such, the claimant has so far been unable to recover a complete copy of the loan agreement from the archives. The Claimant continues to use its best endeavours to recover the remaining pages and a copy of these will be forwarded on receipt.

 

They attach the copy of the default notice which is recreated from electronic records, as it has no further proof of service other than these records.

 

Two typed statements of account, marked 1 and 2. The first statemnet of account has been compiled using electronic records. the opening and running balanceds of the first statemetn do not reflect the interest payable on the amount of credit loaned to you (I guess as it was buy now, pay a year later or then pay all the interest) and the second statement has since been adjusted to reflect the interest payable by us under the loan agreement.

[jodenice]

bumpy bump

[42man]

Is the default notice compliant ?

[jodenice]

Hi, yes it looks fine (as far as I can see!)

 

Will them not having a complete copy of the loan agreement help in any way?

[jodenice]

great - well have just received a letter saying that our claim has been struck out as the session was heard - aren't we supposed to be given a date and time to attend? Is that it then? I'm so gutted, I knew this was a bad idea, next time I will be just admitting it.

 

Can anyone help please, I've been trying to ask for help on here for ages but i've only had one reply in about a month.

[jodenice]

Is there anyway we can appeal or resit the court hearing? The original date was set for april in January but as there have been various delays requested by HFC we thought this date would be changed. Are we stuffed now? Can they get their hands on my house?

[Dorabell]

hi jodenice i cannot help you as i am still learning click the triangle hopefully one off the mods will be along shortley to help you good luck:)

[jodenice]

hi jodenice i cannot help you as i am still learning click the triangle hopefully one off the mods will be along shortley to help you good luck:)

 

thanks for replying anyway - what triangle? the one that says report a post? i can't see any others!

[Dorabell]

thanks for replying anyway - what triangle? the one that says report a post? i can't see any others!

 

yes

[MARTIN3030]

Ok team alerted-this is not my area but I will flag it up for you so please be a little patient.

[jodenice]

thanks.

[MARTIN3030]

Can we just be clear on a couple of points

 

1.You say the original date was set for January-has there been any notices to tell you that that date was changed ?

and also what was the date in April ?

 

2.What was the last comms you got from the Court prior to the latest one-what did it say and what was date ?

 

Whats the date on the ltest comms from Court?

 

any chance that you can give the exact wording from the courts letter (I assume this is an Order )

[jodenice]

No my summons in January said that the court date was in April. However, i didn't know if this was the exact date, or if we would receive confirmation. I also thought that as the solicitors had sent us their application form showing that they had requested a months stay that we would have a new court date.

 

the last item received from the court was dated 15th jan, it said that within 14 days the claimant must file and serve original loan agreements, default notice, evidence of service and statement of defendants account. on this letter it says that a case management conference is listed to be heard at the court on the 22nd april. (As we got a copy of the solicitors application on the 26th January, saying they wanted a one month stay but no court mediation, I presumed that the court date would also be set back and this is where it all started to go pete tong)

 

Its obviously my mistake.

 

last comm was general form of judgement

 

says

it is ordered that

 

1) defence struck out

20 there be judgement for the claimant for XXX amount and costs of XXX payable forwith upon service of this order

dated 22 april

 

although date on form in right hand corner is 28th april

 

I can see that I have made a mess of this and now guess i just need a way to repair it, we cant afford to pay the whole amount at once, i'm worried they'll get a charging order on our flat, I need to somehow let them know about boyfs DMP - all his spare cash goes to that, he has no spare money!

Edited May 1, 2009 by jodenice

[MARTIN3030]

Ok the service will I assume allow the usual 2 days so that makes it 7 days from 30th I am thinking.

You have the bank holiday.

It looks as though you are going to have to apply to have the judgement set aside.

It needs to be done ASAP -obviously you cant file anything before Tuesday....but during the next couple of days should get it all ready to file by downloading and filing in the forms from the Hmcs website.

Try not to let this spoil your weekend-theres lots of help and guidance for this and I have no doubt that by Tuesday you should be more up to speed with how to sort this out.

[MARTIN3030]

I realise that you may not have much of an idea on how to proceed,but I think it would be of some benefit if you read a little about the process.

heres a link for this;

 

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

[jodenice]

ok thanks i'll take a look at these.

[jodenice]

I read them, didn't really understand what it meant however i would assume that the part that particularly applies to me is the following section

 

Cases where the court may set aside or vary judgment entered under Part 12

 

13.3

 

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

 

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

 

(ii) the defendant should be allowed to defend the claim.

 

 

 

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)

 

 

 

so have i got a good enough reason to set judgment aside? I'm not sure we have, I don't think he would have won if he went to the court on the 22nd but it was a chance to question the lack of an original loan form and point out that he was on a DMP. I still think he would have ended up with a CCJ as the defence we had was flimsy at best (and vague to boot, I had no idea what it meant!)

 

i've heard there is an option of redetermination hearing if we accept the judgement, what do you think of this possibility?

[jodenice]

ps if we do go for a judgement to be set aside what reason could we give?

[jodenice]

Bump

 

I am looking at the forms (N244 and a fee remission form) and I am stuck. I need to finish these by lunch so i can send them off.

 

It asks whether I have attached a draft of the order I am applying for - i dont understand.

It asks what type of hearing I want (telephone or court hearing or no hearing - which is best?).

It asks for level of judge, fixed trial date and who should be served.

 

I've got to provide evidence and a statement and I'm not even sure what excuse I'm giving for missing it in the first place.

 

Can anybody help?

 

for the expenses form - to try and get a fee remission - it only takes into account his earnings and not his outgoings. On paper he looks quite wealthy - its the debts which are bleeding him dry! Does this mean he won't get a fee remission?

[Dorabell]

Hi i will bump this up for you:)

[jodenice]

bump

[jodenice]

OK I am attempting to fill in the form.

 

the bit i am confused about is 'What order are you asking the court to make and why?' I'm not sure what to write here - and it asks if I have attached a draft!

 

I think I am asking for a judgement to be set aside and to give the reasons is that right? I'm not sure what draft I am supposed to attach.

 

If yes i'm going to say - in that section - that I was under the impression (from the claimants application) that a stay had been applied for, for a month, for mediation and although I sent correspondence to try and settle the matter out of court a reply was never received. I also did not receive original documentation (signed agreement) from the claimant who wrote at the end of March to say they could not find it. I believed that the court would set a new date to allow for the stay or make me aware the the original documentation had not been handed in. I was not aware that the court date was to be held on the 22nd April. I would not have been able to attend this date due to my shifts at work and I was unable to attend and have the opportunity to defend myself.

 

does this sound like the ramblings of a mad man?

 

Also, I've ticked no hearing but there is a warning at the bottom which states most cases involve a hearing. Will ticking 'no hearing' go against me.

 

Any advice appreciated. thanks.