Help with Final Defence Please

[AndyOrch]

Secondly should we not include something along the lines of putting on hold the current judgement pending a decision of the set aside.No we have covered that already you cant put a CCJ on hold

 

So I will also need to submit the n245 as well?

 

No Ekim the N245 is used if you accept Judgement but cant pay in one go so vis a vis a Redetermination application to apply to vary the payment.

 

Andy

[ekim777]

Sorry Andy, please excuse me but I am confused, what do I need to submit with the set aside if anything?

 

Ekim

[AndyOrch]

Ekim this is that last throw of the dice in averting a CCJ in this claim.If the above fails then you will have to go the N245 route.Put the blinkers on in this instance and forget what as passed we are purley concentrating on the one error that can save you.Its all you have to plea if the application is successful.If you read their WS in application for SJ notice the lack of attention to detail to the DN details how they skirt around the prescribes and no mention to its rectification date.Hoping that a) you never recieved the first or b)you had not spotted it.

We are going to plea this application on this one fact, all you need is the above statement and appendixs as enclosed, a copy of the CCA 1974 in partic references to DNs and Termination Notices.nothing else.Present your case and no more let the Claimant explain its happening.

 

 

Andy

Edited September 28, 2009 by Andyorch

[ekim777]

Brilliant, fingers crossed time, your a star! I ahve managed to make a small donation to the site, and will help more over time.

 

Many thanks Andy, I coulkd never have got it together without your help

 

Ekim

[AndyOrch]

Sorry Andy, please excuse me but I am confused, what do I need to submit with the set aside if anything?

 

Ekim

 

N244 AN and fee (£75.00)

Statement (above)

Appendix 1a1b1c Default Notice 1 Default Notice 2 Termination Notice)

 

Send to Court send to Sols and retain a copy

 

Andy

[AndyOrch]

Ok ekim

 

I wish you well with your Application ( I also appreciate the cost factor but should it be successful which i hope it will you will be able to claim it back in your costs)

 

Regards

 

Andy

[ekim777]

The copy of the CCA 1974 part VII Sec 87 states:

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection ( 1)) before those seven days have elapsed.

 

Bit worried as there is no mention of 14 days

[AndyOrch]

The copy of the CCA 1974 part VII Sec 87 states:

(2) A date specified under subsection (1) must not be less than Fourteen days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection ( 1)) before those Fourteen days have elapsed.

 

Bit worried as there is no mention of 14 days

 

 

Does now the above was out of date;)

 

Andy

[AndyOrch]

You will also require this section also

 

Termination of agreements

98

 

.—(1) The creditor or owner is not entitled to terminate a regulated agreement

 

except by or after giving the debtor or hirer not less than seven days' notice of the

termination.

 

 

(2) Subsection (1) applies only where—

 

(a)

 

 

a period for the duration of the agreement is specified in the agreement, and

 

(b)

 

 

 

 

 

that period has not ended when the creditor or owner does an act mentioned in

 

subsection (1), but so applies notwithstanding that, under the agreement, any

party is entitled to terminate it before the end of the period so specified. (3) A

notice under subsection (1) is ineffective if not in the prescribed form. (4)

Subsection (1) does not prevent a creditor from treating the right to draw on any

credit as restricted or deferred and taking such steps as may be necessary to

make the restriction or deferment effective. (5) Regulations may provide that

subsection (1) is not to apply to agreements described by the regulations. (6)

Subsection (1) does not apply to the termination of a regulated agreement by

 

 

reason of any breach by the debtor or hirer of the agreement.

 

Regards

 

Andy

 

Edited October 11, 2009 by Andyorch

[ekim777]

Hi Andy, Thanks getting the amended regs, thanks

[ekim777]

Hi, Got a date for the set aside hearing, (end of November) I suppose that is a small victory? Or would I have got a hearing anyway?

 

Ekim

[AndyOrch]

You have paid the fee so you should get it, now you need to succeed at the hearing;)

 

 

Andy

[ekim777]

Many Thanks Andy

[ekim777]

Hi All, Received the following letter from mortimer clarke sols:

 

"our client is prepared to consent to vary the judgement ontained in september 2009 from the sum of £10800 to £1500 being the sum of the arrears stated on the default notice. And the costs order for £775 be set aside."

 

What do you think?

 

Ekim

[AndyOrch]

Big drop Ekim

 

All depends how you feel about it or if you wish to see this through definitely looks like we hit a nerve somewhere though.

 

Regards

 

Andy

[ekim777]

I would see the back of them for £1500. And from my last performance I don't think I want to "chance it" if I got the same judge as last time, I could expect the worse!

They have sent a consent form to sign and return

 

Ekim

[AndyOrch]

I would see the back of them for £1500. And from my last performance I don't think I want to "chance it" if I got the same judge as last time, I could expect the worse!

They have sent a consent form to sign and return

 

Ekim

 

 

A Tomlin Order?

 

 

Andy

[ekim777]

No a consent order to vary the judgement IE from £10800 to £1500 and to set aside the costs

[AndyOrch]

Okay just a Consent Order then.Your decision Ekim

 

 

Andy

[Mydogsawestie]

Hi Ekim777 just dropping on by as I havent been on for awhile to say how pleased I was to see your result having had the excellent guidance off andy , I take it the ccj resulted in this massive reduction in the end so proved a great result to you when trying to get it set aside?...really pleased...I am still waiting to hear from my judge in July....never realised it could take so long having orig been told 14days, thought they would have told the other side to disclose or do something like that by now....how miffed the claimants must be not getting any pennies either for awhile now Have a nice Xmas & well done again

[ekim777]

Hi, Thank you for the kind comments, yes it is a bit of a drop, attended the hearing last week, (the set aside hearing date was kept) the main jist was to allow the consent to go through, which it did. Funnily enough they sent a solicitor! they were as unsure as me, as to why the set aside hearing continued. So I just wait for the new bill to arrive then I can negotaite a settlement with them! Your case seems to be taking a long time, I hope it gets sorted soon.

Ekim

[Mydogsawestie]

Ekim777 just to let you know I got my DJ decision today JUDGEMENT in restons favour from my SJ hearing last July. Have to appear at a Notice of handing down of Judgement hearing??? 28th Jan....9 days away. Been waiting on directions all this time so gutted to say the least as in court the DJ told me he was dismissing there summary judgement until the next hearing so dont know whats gone wrong now to receive this instead from the courts in the post today:idea:

 

I am browsing now on as many threads as possible but wanted to gain some positivity from the success you recently had on your judgement in the meantime.

MDAW:cry:

[ekim777]

I hope you manage to find some positive help! But bear in mind that it all seemed a lost cause for me, at one stage! Only the firm support of caggers and in particular Andyorch, so keep going for a long as you can! Make them fight for every penny!

 

Ekim777

[Mydogsawestie]

Looks like Andys not been on for a few days IGNM who assisted me last summer also has not posted in a long long time....no doubt some guidance will be along soon I have hit the red triangle in desperation

[ekim777]

Yes I noticed Andy not being about, hope he is ok. He's top class.

All I can suggest with my limited knowledge is to check and double check the main areas of your case in case you have missed something?

 

Ekim777