Could I get a 3 year old CCJ set aside?

[OnMyWayOut]

Subbing

[The Janitor]

Thanks for info. I've set up a new thread. What did you put on your form Janitor, did you mention the CCA? I am going to wait and get some feedback before proceeding.

I'm just going to set off for work now but I can post the details on your own thread if that would be helpful to you.

If you post the link to your thread here I'll sort it when I get home in the morning.

[ihatemybank]

Thanks Janitor. the new thread can be found here http://www.consumeractiongroup.co.uk/forum/legal-issues/195253-set-aside-default-judgement.html

[The Janitor]

Right so I've posted my letter asking for the set aside hearing to be moved to my local court so while I wait for that to be sorted can anyone tell me if the judge is likely to ask "so do you owe the money or not?" & if so, what the hell would I say to that?

I'm also still having trouble coming up with a good reason as to why I've waited for so long before making the application.

I really do need the set aside to be granted as I'm very sure Cabot don't have the credit agreements which they would need to re-apply for the CCJ & I think it's going to hinge on what excuse I can give to the judge.

Must admit I'm getting a little scared just thinking about it.

[supasnooper]

Right so I've posted my letter asking for the set aside hearing to be moved to my local court so while I wait for that to be sorted can anyone tell me if the judge is likely to ask "so do you owe the money or not?" & if so, what the hell would I say to that?.

 

 

Have a read of this thread, plenty to pick from -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191353-what-if-judge-asks.html

[The Janitor]

Thanks once again supasnooper.

That is one excellent thread.

[The Janitor]

Hi all.

I got my court date through set for my local court so all is well there but on the form it said they wanted me to inform the court on what impact a lack of credit agreement I think makes on my case. Has anyone any thoughts on this? I know the general idea but I would like to make the court think I know what I'm talking about.

Also, they asked me to provide the court & Cabot with a copy of my skeleton arguement.

Help please.

What is that?

[r&b]

hi janitor,

has the court asked for all this?

IGNM shows how to set out a skeleton argument here in post 14 and his defence is post 6, which includes much of what u need i think (the underlining is for the amendment so dont include it).

as i understand it a skeleton argument expands on your defence and can show all the statutes and case law that you are relying on to back up your case.

 

http://consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html

 

i used his template here post 177/178 which may have some more info of use:

finding faulty cca agreements after a ccj?? - Page 3 - The Consumer Forums

[The Janitor]

Many thanks for the links r&b.

There's plenty to digest there so I think I'll leave that til weekend when I'll have time to take it all in. It's going to be of great help though I'm sure.

To answer your question, It was the court who asked me to supply this information, it was at the bottom of the notice I received which told me of the hearing date.

I did later apply to have the hearing moved to my local court & this has now been confirmed so I'm just assuming this information is still required & should now be forwarded to my local court instead.

I could be wrong though

Thanks again.

[r&b]

give them a call and ask what exactly u are reqd to file/serve and by when, so u know where u are.

[The Janitor]

Ok so today is the day for my hearing. I got a skeleton arguement sorted and a defence of sorts but still haven't written down what I plan on saying. I'm nervous as hell and got myself into a bit of a state worrying about it.

If anyone can let me know what to expect from today it may help a little. Also any tips on avoiding the nerves getting the better of me would be fantastic.

[Crapstone]

Don't worry... All you can do is be honest and state your case. The last time I was in court I thought the Judge lacked a s*x life as she was so uptight and wouldn't let anyone get a word in.

 

Be prepared for the unexpected and list only your main points in a nutshell on one piece of paper as prompts.

 

Always remember you have as much right to be there as anyone else and remind yourself how much these judges earn.....at your expense ...and their fat pensions ....

 

Make it work for YOU! Don't be afraid to ask questions. It's going to be a yes or a no in a simple form and over in minutes.

[supasnooper]

I would make sure you've got extra copies of vital documents.

 

have a read of this link -

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

Good luck for today.

[r&b]

get your main points written out in front of you (or the skeleton) with any supporting docs/letters and dont allow the hearing to veer off on tangents, keep returning it to the salient points that prove your case.

 

have u read of this:

Basic Introduction to Consumer Credit litigation - The Consumer Forums

 

also i dont know where this is from but CitB copy of BRW post 406 here:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/182664-help-i-have-just-7.html#post2386663

 

added: keep calm and best of luck

Edited August 25, 2009 by r&b
added

[Spamalot]

Good luck for today...

 

Best wishes

 

Spam.

[The Janitor]

Well firstly thanks all for the help & support.

Secondly that couldn't have gone any worse.

The judge took an instant dislike to me & hardly let me speak without talking down to me.

He seemed to have a fly up his arse regarding the whole credit agreement argument & accused me of applying for the set aside cos I heard it can be done from tv commercials.

He was not prepared to accept that I was entitled to ask for evidence of a valid agreement in fact he agreed with cabot that as I've waited 4 years to make the application it would be unlikely that they would have been able to obtain them.

He put down everything I said which made me believe he had decided not to listen to me even before the hearing started.

I think he was of the opinion that if you borrowed it then you pay it back & nothing I said regarding burden of proof on cabot's part registered with him.

That was a thoroughly unpleasant experience & now owe over £500 in costs that I cannot afford.

Oh yeh. He turned down my application

[r&b]

hi janitor,

you ll hear it on here a lot but thats the soggy end of a very poor (Deputy?)District Judge stick you have just been handed by the sounds of it.

if u dont get any joy from people dropping in then maybe see if BRW would help u out should u wish to appeal the decision. i think he has done a lot of work in this regard. i understand it will hold any costs too if u so choose.

terrible luck im afraid.

[The Janitor]

Thanks r&b.

I'm still in shock so will delay any decision on a possible appeal for a day or 2 when I'm feeling less like a naughty little boy who's just been spanked very hard indeed.

I've never been talked down to like that before & it's not something I'm comfortable with. I felt as though I was being mocked & toyed with.

I'm off to lick my wounds & maybe grab a few beers.

Again all the help & advice has been much appreciated. It's been good to know that I wasn't alone.

[Crapstone]

Thanks r&b.

I'm still in shock so will delay any decision on a possible appeal for a day or 2 when I'm feeling less like a naughty little boy who's just been spanked very hard indeed.

I've never been talked down to like that before & it's not something I'm comfortable with. I felt as though I was being mocked & toyed with.

I'm off to lick my wounds & maybe grab a few beers.

Again all the help & advice has been much appreciated. It's been good to know that I wasn't alone.

 

I'm sorry it didn't work out for you. Some judges just have no regard for the law or the people they address. Have a beer for me too :-|

[Spamalot]

Hi Janitor,

 

I'm sorely disappointed for you too...

 

Some of these judges just don't seem to realise that when us poor 'laymen' get into court its normally after a long struggle with our ignorance of the law, hours of research and the realisation that we could have prevented ourselves being 'ripped off' years ago and that we're just trying to get some justice... It seems they believe they are superior because they've had it easy and spent their lives getting paid and earning expenses for sitting on their bums 'judging us' for our mistakes and inexperience and with no regard for the individual or their circumstances....

 

I sincerely hope you find a way of turning his decision on its head and 'live to fight another day'.

 

Best wishes, Spam:)

[avatari]

Adding my experience, I got my CCJ set aside after almost exactly a year since judgment awarded: and it wasn't a DJ, I admitted the debt!

 

While it may be generally true that the courts expect you to request a set aside very soon after judgment, if you have a) a good reason for not applying sooner (such as not knowing your rights, like me) and b) a compelling reason for a set aside, then you have an excellent chance.

 

While the Claimant may try and suggest that they don't need to provide the CCA because a CCJ has already been awarded, they (and the OC if different) are also required to keep all details for six years: if they can't provide the CCAs, it's very reasonable for you to ask - in court - why not?

Edited August 25, 2009 by avatari
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