Repo order help with defence needed.

[cosalt]

I wish we knew the outcome of Shakespeare62's appeal as this would give me faith that justice will be done.

[frettful38]

Debt Factsheets - How to set aside a Judgment in the County Court

 

Info about - Court of appeal civil division - questions and answers

 

there is a lot of info on here cosalt, hope it is of some help, hope I have attached the right info, sure will corrected if not

[frettful38]

I wish we knew the outcome of Shakespeare62's appeal as this would give me faith that justice will be done.

 

from my own experience justice will be done you just need the fight to get it, if I can do it then you can certainly do it to. I have just proved that you can get blood from a stone cosalt, so keep strong mate and keep fighting, there are too many of us as it is supporting you through this difficult time.

 

If it helps play the soundtrack from the Rocky movie, eye of the tiger, get on your boxing gloves and prepare for a punch up,

[nks22]

I wish we knew the outcome of Shakespeare62's appeal as this would give me faith that justice will be done.

 

We all know the outcome of the Woodchester appeal, though. I don't see that your arguments are any weaker.

[cosalt]

Well I can't see any reason why I should not go for a set aside, it seems easier and should get me the result I want. Presumably if I still lose I can then go for an appeal ?

 

Just to clarify with a set aside I will either get it granted or will have to attend a set aside hearing to give my reasons why it should be set aside.

 

Assuming I can get it set aside, can the claimant then withdraw the case if they think they won't win next time round /

[cosalt]

Does anyone know how long it takes to get a set aside because presumably if it takes to long I will lose my right to appeal ? And vice-versa ?

[colin21958]

The claimant can discontinue at any time, but they will be liable for all costs...

[cosalt]

The claimant can discontinue at any time, but they will be liable for all costs...

 

 

Excellent, thank you.

[Lord_Alcohol]

Well I can't see any reason why I should not go for a set aside, it seems easier and should get me the result I want. Presumably if I still lose I can then go for an appeal ?

 

Just to clarify with a set aside I will either get it granted or will have to attend a set aside hearing to give my reasons why it should be set aside.

 

Assuming I can get it set aside, can the claimant then withdraw the case if they think they won't win next time round /

 

I think you just need to complete N244 and submit to the court. They will either grant a new hearing or not.

 

Yes, appeal is allowed afterwards because all that is happening is that your case is re-heard from the start. Nothing is denied you just because there is a new hearing.

 

No, I believe that a new hearing is just that, and only happens where your application for set aside is granted. I don't believe that there is a hearing just to consider whether the original judgement should be set aside for a subsequent hearing. The decision to set aside is made by the court, but this is probably by the court staff rather than a judge.

 

Yes, the claimant can withdraw before the new hearing, at which point there will be no CCJ or repossession.

 

You specify your reasons for requesting the judgement be set aside in N244. The court then consider the request on its merits.

 

I would think that all recovery actions must stop while your request is being processed.

 

As for time, I would ask the court - they will be best placed to tell you the timescale. I would think these are urgent matters, as CCJs normally only have 14 days or so before the merde hits the fan.

 

In the meantime if you gen up on appeal you've lost nothing.

 

LA

[colin21958]

Does anyone know how long it takes to get a set aside because presumably if it takes to long I will lose my right to appeal ? And vice-versa ?

 

It can take some time; I made an application to set aside a default judgement on 16/04/10 and it looks like the hearing won't take place until August. However, I would think the right of appeal would follow the set aside hearing if that wasd to go the same way as the original hearing; i.e. you would appeal the set aside judgement on the same grounds as you would have appealled the original decision. That's just my opinion of course, but hopefully someone who knows better will confirm for you...

[Lord_Alcohol]

It can take some time; I made an application to set aside a default judgement on 16/04/10 and it looks like the hearing won't take place until August. However, I would think the right of appeal would follow the set aside hearing if that wasd to go the same way as the original hearing; i.e. you would appeal the set aside judgement on the same grounds as you would have appealled the original decision. That's just my opinion of course, but hopefully someone who knows better will confirm for you...

 

Yes, although I think cosalt just needs set aside granted, rather than the actual hearing date. I'm assuming that the decision to set aside will be fast, even though the new hearing is some time in the future.

 

So if set aside is not granted, he needs to press on with appeal.

 

LA

[colin21958]

Yes, although I think cosalt just needs set aside granted, rather than the actual hearing date. I'm assuming that the decision to set aside will be fast, even though the new hearing is some time in the future.

 

So if set aside is not granted, he needs to press on with appeal.

 

LA

 

 

I am sure you are right, but I still haven't been told whether the set aside has been approved; although I have been given until 06/06/10 to submit my draft defence... I'm assuming it's after that that they will decide whether to set aside or not?

[cosalt]

HELP PLEASE, the bailiffs from the finance company have just turned up to take the vehicle !!!!!!!

 

They have no warrant and after phoning the court I was told they dont have the right to take it but they can come back with a warrant !!!!!

 

The court said ( despite saying I have 14 days ) that the judge ordered a forthwith repo and that means immediate.

 

Can someone answer this please - if I paid the claimant the amount ( £1600 ) I might be able to get this from my mum, can I appeal and when I win claim it back ?

 

BTW I dont even want the vehicle I dont use it and it doesnt even run, however the bailiffs claimed if they recover with a specialist vehicle I will have to pay which could cost £1000 or more.

 

Please help

[Ell-enn]

If the judge gave you 14 days then they shouldn't be turning up anyway.

 

If they're not county court bailiffs with a warrant in their hand then they cannot take the vehicle off private property. Is it parked in a driveway?

[cosalt]

Hi ell-enn, thank you.

 

The judge did not give 14 days he ordered repo 'forthwith', it was the court clerk who said I still had 14 days. The veuicle is on private property behind a locked gate.

 

I hav'nt done a set aside yet, the hearing was only monday PM, I can't seem to work out whether a set aside / appeal is right. I need to decide ASAP but dont want to get it wrong.

 

Will the judge denying permission for an appeal means I wont get the set aside ?

[emandcole]

Hi Cosalt, see what you mean now.

 

Yes, if court bailiffs must have warrant. Not strong on repo stuff so wouldn't want to hazard a guess, would be wrong to do so.

 

If it were me, given the fact that all of this is the result of the judge misdirecting himself and ignoring the invalid default, and if I didn't need the car I'd let them have it. You said it doesn't even run, if they remove it, sell it etc then a successful appeal would mean the finance company would have to return it, or a car of similar quality/value. They don't know it didn't run .

 

If you fight it they'll only add absurd amounts of charges and then they'll be after you for those as well. I'd concentrate on the set-aside and appeal to get this daft decision quoshed so common sense can prevail.

 

However, check up on the private property issue. Not sure how the rules work as know people have had cars removed from private land before. Get them to get their warrant first though, might buy you time. I'd try and avoid costs if I could, all of this can be sorted once the court has sorted out their earlier mistakes.

[cosalt]

Thanks emandcole,

 

I have downloaded the n244 form and am completing it, seems reasonably straight forward apart from a couple of bits.

 

Firstly it says I cosalt intend to apply for an order ( a draft of which is attached ) that ????????????? because??????????????

 

What can i say here ?

 

Then in part 'C' I need to explain my reasons, now I thought I knew this but obviously I need to get it right this time can anyone help with it ?

 

Also presumably where it asks how i want it dealt with, I put without a hearing ?

 

 

thanks

[cosalt]

How does this sound ?

 

I cosalt intend to apply for an order that sets aside the judgement made against me on 24th May 2010 because I believe the judge mis-directed himself in making his decision by ignoring the requirements of the CCA 1974 that states in order for a claimant to demand sums not due and/or reclaim any goods subject of the agreement they must first issue a default notice that complies with the requirements laid out in section 88.

[colin21958]

How does this sound ?

 

I cosalt intend to apply for an order that sets aside the judgement made against me on 24th May 2010 because I believe the judge mis-directed himself in making his decision by ignoring the requirements of the CCA 1974 that states in order for a claimant to demand sums not due and/or reclaim any goods subject of the agreement they must first issue a default notice that complies with the requirements laid out in section 88.

 

Sounds good to me... could mention the requirement to comply with this in order to carry out actions stated in s87 as well perhaps? Also, mention the name of the judge who made the judgement?

[nks22]

There's a sample form here FWIW:

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

[cosalt]

I cant get that link to work

[nks22]

Sorry. I think it's the gap at the end.

 

Debt Factsheets - How to set aside a Judgment in the County Court

 

You need to download the Factsheet PDF for the completed sample form.

[Lord_Alcohol]

Cosalt

 

Bailiffs need;

 

1. A warrant from the court (or the possession order)

 

2. Identification

 

3. Their certificate - only certificated bailiffs may attend

 

If they provide a warrant then they can take the car, in private property or not.

 

On your N244, please don't say that the judge mis-directed himself, even if true! It implies you are a judge or barrister.

 

I think you need to just say that, having taken advice, you consider that the judgement was wrong because;

 

1. The claimant produced erroneous evidence (a doctored DN) that the judge accepted as legitimate and appeared to base his judgement on that fact.

 

2. The judge did not appear to take into account the requirements of s88 of the CCA and that, due to the invalid DN, s87(1)© is not available to the claimant (this subsection is repossession).

 

3. There are other legal issues that you want to be considered properly, such as the contract itself.

 

and because of the above, you humbly () request that the judgement is set aside.

 

That's all I'd do for now.

 

LA

Edited May 26, 2010 by Lord_Alcohol

[Lord_Alcohol]

also, phone the claimant and ask him to put possession on-hold until you have a set aside decision - if he's nice he'll do it.

 

LA

[cosalt]

Thanks LA, so are you saying just put it briefly like you have said even on the back at Part C which asks for evidence in support of this application.

 

I really cant afford to get this wrong