CCJ Claim Form received

[Yeats]

Joncris,

no I am not sure what to do.

The CCA looks pretty good to me, but the DN did not comply within the time limits. I have a notice of Assignment from Howard Cohen, who have not added any costs, but GE Money continued adding interest after instructing a DCA (Viking) to chase me for the Debt. I previously thought that this was Viking adding charges, but have now realised that it was interest on the Account.

I used the defence supplied for me on page three of this thread and sent a CPR 31.14 and CPR 18 in December and have had no response from either.

Is this worth defending?

yeats

[Yeats]

I did not recive a Termination Notice either.

yeats

[Yeats]

Can anyone help with a defence?

And what happens if I don't go to the hearing?

yeats

[Viano]

Hi Yeats,

 

Did you have a Court date before you had the letter from the Court? If not:

 

Your Court date looks as though it is an Allocation Hearing-PHONE THE COURT (where the hearing is) AND ASK, you will hang on for ages but be patient, if it is an Allocation Hearing they will tell you. Just in case take all you can with you, all of your, notes case law, kitchen sink every thing AND INCLUDE THE COPY OF THE 'SUMMARY JUDGEMENT' I suspect this may be a tacky ploy.

 

Yes go to the Court, don't talk to the opposition except to say hello.

 

Viano

Edited May 20, 2009 by Viano
Added para

[Yeats]

I did not have a Court date before I had the letter from my local court, but I did have a letter from Northampton (arrived the same day) stating "this claim has been transferred to the *** County Court for summary judgement." The hearing is set to last only 10 minutes! I shall call the Court tomorrow afternoon and get confirmation.

[MARTIN3030]

Taking a look-sorry I only just saw your message,

[Yeats]

I just got back on the site (think it was down).

I telephoned the Court and they confirmed that it is an Allocation Hearing tomorrow, but that the Judge has the power to throw my defence out!

I don't understand that, as I thought that an AH was only to determine the correct course for the case!

yeats

[Viano]

To get the jot & tickle on this search for Summary Judgement-Part 24.

 

V

[creditcardmug]

CPR part 24

 

PART 24 - SUMMARY JUDGMENT - Ministry of Justice

[Yeats]

Thanks again to you both.

So Summary Judgement can be awarded against me tomorrow and it is too late for me to provide any further written evidence for the hearing (assuming that the Judge will look at my filed defence).

yeats

[Viano]

How much of a defence have you got together? If it is enough, or sounds strong enough, the way I read it you should (could) get your day in Court.

The Judge may take the SJ as bluster!

 

V

[Blossomandebony]

Hi, Yeats,

 

You asked what would happen if you don't turn up - it's simple. They will get judgment against you and be very likely to be awarded all their costs.

 

The fact that they are going for summary judgment may mean that they are confident they will get judgment - but whether they get it or not will depend on the judge for that particular hearing and your presenation of the facts.

 

Firstly, the judge will ask he claimant to go through their application for summary judgment. You can only bide your time at this point, take some notes of what they are saying and wait for the judge to ask you for your side of the story. Then it's your turn . . .

 

But are you definitely going to turn up? Or are you still unsure? If the former, I am sure people will come on to advise how to present your case.

 

BAE

[Yeats]

Defence as advised on page 3 of this thread.

Basically, invalid DN (14 days from date of letter - not 14+2), no Termination Notice, no documents with the Court papers and not complying with my CPR requests.

yeats

[Yeats]

Thanks Blossom.

I am unsure about going.

I shall be extremely nervous and am not very good in this type of situation (I am not even any good during job interviews), so I need to be confident to be able to deal with it. At the moment I can only see one outcome, as I am unsure that I have much of a defence myself!

The main thing in my mind is that the CCA is watertight in my opinion and I think that this will prevail. However, if someone can assure me that I will have a chance if I present a certain defence with some case law to back up the argument, then I will go.

I have been posting and bumping for two weeks (since I got the hearing date) and although I am really grateful for all the help I have received, I don't think I have enough of a case.

So unless I can get some advice from someone who knows a bit more about this than those who have helped (no disrespect and by their own admission), then it's goodnight Vienna and onto the next ****** DCA.

To be fair, this is the only one that has come up with anything like a decent CCA, so I may lose the battle but...

 

Can anyone just confirm exactly what Summary Judgement would mean?

They get their CCJ and what next? I imagine it means that I would have to come up with a suitable repayment plan or they take it back to Court for a CO or the like?

By the way, I care not about my credit rating, like I have read on here so many times - I don't want credit ever again and it's shot to bits anyway!

Thanks again all who have helped thus far,

yeats

[Viano]

Hey Yeats,

 

I believe you should go, if for no better reason than, that if you don't they have the upper hand. Read again your holding defence, I believe it to be good-it worked for me!.

 

I'm in a similar position to you at the moment so I appreciate what you are going through, in my case I'm going because I have nothing to loose, but, we could win or at least get another crack of the whip.

 

I'm no good at encouragement, but its got to be worth a try.

 

Good Luck Tomorrow.

 

You can't win the lottery if you don't buy a ticket.

 

Viano

[Blossomandebony]

Hi, Yeats,

 

Whatever you decide - go or don't go - I'm sure it will be the right decision for you.

 

If you don't go, they will be awarded judgment as you know. The ccj will be on your credit file but, as you point out, a bad credit record isn't everything. They will ask for all the money at once, then you will tell the court what you can afford to pay monthly and the court will make the decision. The payments may be, say, £50 a month. If you fall behind with the payments, they may apply for a CO and you will be called for another hearing to decide that. That's basically how it works.

 

Now, there may be advantages to atending that you haven't considered:

 

1. However daunting the experience is, that's what it will be: experience! I you have to go to court again, you'll be much less nervous and much more at ease about how it works.

 

2. If you lose, at least you can have your say to the judge about what you can afford to pay monthly towards the ccj.

 

3. You can fight your corner about the costs issue.

 

4. You might not lose! (And if they aren't awarded summary judgment, it may put them off any further action).

 

BAE

[I've got no money]

It is really important that you attend court tomorrow - the hearing takes place in private - there is you, someone representing the other side and a district judge (a man/woman in a suit). You all sit round a table in a private office. It is not terrible and not intimidating

 

It sounds that you may have a defence - I would go along and argue my corner

[Yeats]

I am coming around to going again.

Can they go for another CCJ if this is struck out, and will this encourage them to go for the dreaded Stat Demand?

Should I stick with the CCJ over the SD?

yeats

[Yeats]

Can I ask for the case to be struck out due to the Default Notice, or do I merely put this forward as my defence?

[supasnooper]

Hi there,

 

Probably a bit too late to ask for a strike out due to the ineffective DN.

 

I sympathise with your fear of attending court. I t isn't somewhere we need to be.

 

As IGNM has pointed out, it will be three people around a table.

 

The judge will ask if you are represented or are you a Litigant In Person ? Easy question to answer.

 

The claimant will then lead off with their case.

 

You then get to state your case - make sure you have the relevant paperwork at your finger tips + 3 copies ( Woodchester v Swain, Kpohraror v Woolwich BS)

 

If you get a decent judge you should do well.

 

Atttached are the above cases --

 

Good Luck, and do let us know how you get on.

Woodchester Lease Management Services Ltd v Swain and Co - GOODE .pdf

Kpohraror v Woolwich Building Society - [1996] All ER 119[1].pdf

[Yeats]

Good news.

I have just found this thread which fills me with enthusiasm for tomorrow:

http://www.consumeractiongroup.co.uk/forum/legal-issues/165197-default-notice-re-issue.html

 

I have it in writing that the agreement has been terminated (although they didn't send me a TN!) on their own Application Notice.

 

The DN has to be faulty, because it would have been impossible for me to have 14 days to contact them when the letter (DN) was dated 17/06/08 and I was given until before 01/07/08 to contact them (I did not sign for the letter and unless it was courier delivered, I could not have received the DN on the day of writing).

 

Therefore, the amount on the DN is all that can be claimed, as the agreement for the rest has been terminated.

 

Is this correct?

 

yeats

[supasnooper]

You are correct.

 

As previously posted, make sure you have 3 x of copies of Woodchester v Swain and Kpohraror v Woolwich BS.together with 3 x copies of Bickford-Smiths dates of postage ruling.

[Yeats]

Thanks so much Supasnooper.

I shall be up late reading about this and printing off, but it should be well worth it.

Do you have any advice on what to say to the Judge?

It is only a 10 minute hearing.

[supasnooper]

Be polite.

 

Address the judge as Sir or Ma'am.

 

Point the judge to Woodchester v Swain. Pass the Judge a copy of what I've posted earlier...........but make the claimants attendant wait for their copy..........after all, they should have know of this !

 

point out to the judge that this case has a good defence, and as such, was never one for summary judgment due to the defective DN.

 

Good Luck.

[Yeats]

I've printed off the case studies, but can't find Bickford-Smiths date of postage ruling anywhere.

Any links?

Thanks again all,

yeats