RBS/Mint Final Charging Order Help Needed

[ukaviator]

Looking through your posts Pussycatdoll, you have to get a set aside due to unlawful charges added to the account. To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

 

If the judgment is set aside, things go back to the start of the claim. You have another chance to reply to the Claim Form, and explain your situation. The CCJ is taken off the County Court Register until a new judgment is made.

 

You need to ask the court for a general application form called an N244. You should fill in the N244 to include the information the court asks for. There is a fee of £35. Meanwhile you need to add up all of the charges going back 6 years and get a figure ready for a defence. Do you already have all of your statements? If not then you will need these for proof and a counterclaim for the charges. You may need to send an S.A.R.(Subject Access Request) for the data they hold on you. There is a letter in the library for you to copy over.

 

If the judgment is set aside by the court, this means that the proceedings go back to the claim stage and any enforcement action is also cancelled. You have a new opportunity to fill in the reply to the claim form, make an offer of payment or put in any defence or counterclaim.

 

Having a judgment set aside does not wipe out the proceedings altogether but the details will be removed from the Register of Judgments, Orders and Fines until a new judgment is made.

[ukaviator]

I would get a set aside based on unlawful penalty charges, Default notice, CCJ was not defended at the time. That will buy you some time to get your charges information and stop any further action by the claimant. Should be interesting to see how much they have charged.

 

Roughly how much is owing on the account?

[ukaviator]

Good. There is a way to go yet, but its a start to getting this debt sorted out. Shout if you need anything. .