Hsbc/restons/marlin/phoenix

[Satterthwaite]

O.K so where I have put question marks put Northampton and the relevant dates.

[henrythepug]

sale agreements attached

[henrythepug]

do I have to attach anyting with it , other than to make that statement for the time being ?

[clemma]

Images are too small to see. Try uploading them to photobucket first - HERE then post them on here.

[Satterthwaite]

Images to small.

 

Draft order

 

 

IN THE XXXXXXXX COUNTY COURT

 

 

Claim No:

 

 

 

BETWEEN:

 

 

[ ]

 

Claimant

and

 

[ ]

 

Defendant

draft/ORDER

UPON reading the Defendant’s application notice dated […]

 

 

IT IS ORDERED THAT:

 

 

• The judgment in defaultdated [ ] on therequest ofthe Claimant dated [ ] be set aside.
  
• The Claimant do pay the Defendant’s costs of theapplication, to be assessed by the court.
  
• The Defendant dofile and serve his Defence to the claim by no later than [ ].
  
• The Claimant do have permission tofile and serve a Reply by [ ].
  

[henrythepug]

I managed to uplead them to photobucket , but I couldn't work out how to transfer them

Please point me in the right direction

Apologies

[Satterthwaite]

then in box 10

 

 

Quote:

the defendant respectfully asks that the court set aside judgment entered by default on xx/xx/ 200 at Nothampton County Court before District Judge XXXXXXXX

 

The defendant being a layman and litigant in person and without the knowledge or assistance of legal advice while under a Debt management plan (edit this bit if not appropriate) wrongly tried to negotiate with the claimant albeit in error and ignorance of the court procedures, however judgment was entered at the request of the claimant. the defendant upon receiving guidance on his case believes that there is a good prospect of success in defending the action for the following reasons

 

the defendant requested that the Claimant, who is the purchaser of delinquent debts, supply a copy of the credit agreement which the claim was based upon. in response to this request no document was supplied, this failed to satisfy the requirements of the Consumer Credit Act 1974 or the requirements of Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 (SI 1983/1557) in particular section 2 which states

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

the defendant asserts that the claimant has or had a duty to supply the agreement in a legible form as evidenced by section 2 of the Consumer Credit (Cancellation Notices and Copies of Documents)Regulations 1983 and complaint with the form and content requirements of the Act and Consumer Credit Agreements Regulations 1983

 

Furthermore the claimant failed also to provide the defendant with a Letter Before Claim as required by the CPR pre action Protocol and their particulars of claim were vague , insufficient and failed to disclose a sufficient statement of facts to allow the defendant to plead even giving allowance for the claim being issued via the Bulk Centre in Northampton

 

In addition , No default notice as required by section 87 of the Consumer Credit Act 1974 was received from the claimant and the defendant considers that without a validly served default notice the claimants claim could not progress notwithstanding the fact that the claimants claim is as it stands irredeemably flawed

 

 

based upon these facts and given the large body of case law in respect of Consumer Credit Agreements the defendant is of the belief that he has a good prospect of successfully defending a claim based on these facts and respectfully asks that judgment be set aside

[clemma]

There is a helpful guide to photobucket in this thread http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[henrythepug]

I do not wish to appear thick but can you just explain to me the following

I am applying for the exparte order to be set aside , the one where Phoenix are making themselves the Claimant, and at the same time I am asking for the original judgement to be reconsidered. Is that right ?

[henrythepug]

sale agreement

[Satterthwaite]

A Judge has already decided that Phoenix can be the new claimants, so you will be applying to have the CCJ set aside with Phoenix as the claimants.

 

I am not sure there if there is any use trying to argue that Phoenix should not be the new claimants.

[henrythepug]

I appreciate you taking the time to help me, do you think it's worth pursuing ?

[Satterthwaite]

Yes. 100% YES!

[henrythepug]

Do you think I have a realsitic chance of getting the order set aside , when the original judgement was in Sept 06 ?

[Satterthwaite]

Henry, sorry not replied earlier I have been working.

 

People claim that to have a set aside it needs to be done very quickly after the CCJ has been obtained. Clearly that is not going to be the case with you, however mine was about two years old. SO GO FOR IT!

 

S

[Satterthwaite]

Bump

[Satterthwaite]

I just think it is better to have any advice given out to be on your thread, just in case I or anybody else gives the wrong advice.

 

I am going to PM someone who I think could answer your question about the Ex Parte. I will ask him to look on on this thread.

 

keep in touch.

 

S

[henrythepug]

Thanks

My thinking is if I can challenge the assignment , due to the lack of credit agreement, then maybe I have a stronger case to challenge the original judgement

HTP

[pt2537]

Hi

 

Righty then

 

Ex Parte means "proceeding brought by one person in the absence of another " so essentially it is in the absence of a party

 

I think the facts of the case need consideration, there was an admission of the debt so it is difficult i will be honest here

 

i have not had time to read the whole thread and my time is extremely limited so bear with me

[Satterthwaite]

bttt