VG - Vs Northen Rock - Charging Order

[ScabHunter]

Just read your post about switching from CCCS to PayPlan. Just be sure that you have got whichever one applies in each given situation correct. Be very careful about this.

 

SH

[Von Greenbach]

SH, WoW

 

OK let me get my head round it, I complete N244 with the details in post 253.

 

Print it off and take it to the court to be sworn and pay my fee.

 

Then print off my defence attach any relevant documents and send that off to the court.

 

If the above is correct, great.

 

I have one other question please, the N224 to be set aside, will that be listed for a hearing if so do I still need to attend my scheduled hearing on the 23rd?

[ScabHunter]

SH, WoW

 

OK let me get my head round it, I complete N244 with the details in post 253.

 

Print it off and take it to the court to be sworn and pay my fee.

 

Then print off my defence attach any relevant documents and send that off to the court.

 

If the above is correct, great.

 

I have one other question please, the N224 to be set aside, will that be listed for a hearing if so do I still need to attend my scheduled hearing on the 23rd?

 

It is not the N244 which needs to be sworn, it is the accompanying affidavit. You then attach the affidavit to the N244, along with your doctor's letter as evidence of your medical condition, and take the whole thing back to the court to submit.

 

Of course, if you fill in your N244 and take that and your doctor's letter to the court when you have your affidavit sworn, you can then attach everything together and submit it during the same journey to the court.

 

You will still need to attend the hearing on the 23rd. I would send the defence/objection off on Monday or Tuesday.

 

The application to set aside the original judgment should be submitted as soon as possible, but at the moment the court service website is not working, and you may want to wait for feedback before submitting the forms.

 

SH

[Von Greenbach]

and you may want to wait for feedback before submitting the forms.

OK, I hope they don't mind but I've asked the site team to view todays posts.

[Von Greenbach]

SH

 

Do you have a link for the court website is it HMCS?

[ScabHunter]

Her Majesty's Courts Service - Home

 

Still not working at the moment.

 

SH

[Von Greenbach]

Her Majesty's Courts Service - Home

 

Still not working at the moment.

 

SH

I've got the site up using your link.

 

Edit:I must learn to read the small print.

 

Still down.

[MARTIN3030]

SHs input here has been superb VB.

10/10

[supasnooper]

N244 attached

[Von Greenbach]

SHs input here has been superb VB.

10/10

I'm very happy with it Martin thanks for the confirmation.

[Von Greenbach]

N244 attached

Thank you Supa

[MARTIN3030]

4 This claim appears to arise from an account I opened on or around xxx

 

 

I think you should take out "appears" and change to The claim relates to ..........

 

 

Also the links to the OFT debt collection guidance-I would insert instead the reference to the published report

ie; Office of Fair Trading final guidance of unfair business practices bla bla bla..........

 

 

Similarly the same with the banking codes links

 

to read something like

As is detailed within the banking codes**** as ammended in March 2008.

[MARTIN3030]

In any event you will need to have hard copies of both OFT Debt collection final guidance and also the Banking codes.

 

I think also there will definitely be some things in the Unfairconsumers terms regs 2008.

 

In particular failing to uphold codes of practice.

This is a good one to use-and straight away the Banking Codes one is obvious.

[Von Greenbach]

Hi Martin

 

Do I need to print off all the OFT guidelines or just the sections relevant to debt collect?

 

What about banking codes, again do I need to print the whole document or just relevant sections?

[MARTIN3030]

Print off relevant sections showing reference to the work

ie First page and maybe index page.

Highlite in index page (s) too.

[Von Greenbach]

OK Martin

 

If SH is around, if this is the affidavit form if so you may like to bookmark it for future reference.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n285_0499.pdf

[ScabHunter]

OK Martin

 

If SH is around, if this is the affidavit form if so you may like to bookmark it for future reference.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n285_0499.pdf

 

That's the one! You should be good to go now. I should have all these forms saved to my hard drive to cover an eventuality such as this.

 

Thanks.

 

SH

[Von Greenbach]

OK I'm doing the affidavit but there's not enough space to insert the statement, should I use 2 affidavit forms?

[Von Greenbach]

OK I'm doing the affidavit but there's not enough space to insert the statement, should I use 2 affidavit forms?

When I send documets with the affidavit do I refer to them as a) b) c) etc?

 

For instance my CCA / CPR letter request & also confirmation of postage and delivery.

[MARTIN3030]

You dont have to use 2 Affidavits-just reference to the statement of case/statement of evidence etc that you are attatching.

Do a simple appendix listing attatched documents.

 

And...dont forget the statement of truth at the end.

[Von Greenbach]

I've done 2 affidavit's Martin not to worry I can reamend my paperwork, I'll do one affidavit and attach an a4 to it with the rest of the text, I'll then add the statement of truth.

 

As for my defence, when I send if off do I refer to the enclosed documents as a) b) c) etc., etc.,

[supasnooper]

Yes refer to any documents as a), b), c) etc or as VG 1, VG 2 etc.

 

You'll need a cover sheet for each exhibit document as set out here (courtesy of pt2537) -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1891394.html

[Von Greenbach]

Just an update to say I've handed in my N244 & affidavit I'll concentrate on my defence now.

 

Thanks to everyone who's contibuted especially SH you're a STAR.

 

The defence I'm going to submit to the court, do I have to send a copy to the claimants / Solicitors?

[ScabHunter]

A defence in a redetermination hearing would not need to be sent to the other side, but objections to a charging order do need to be sent to the alleged creditor and the court at least seven days before the hearing.

 

In this case, I would just send the whole of the combined document which encompasses your objection to the charging order.

 

SH

[Von Greenbach]

Oh dear SH I thought I was understanding all this crap!!!

 

OK, the defence that you tided up for me above does that cover both issues when I go to my hearing or is that a defence just for the redetermination?

 

Do I have to do a separate objection letter to stop the interim charging order being finalised?