RBS Are taking us to court - Help Needed.

[Yazoo2000]

God i am in a mess i can not even type the correct date from a judgment notice whilst reading it!!

[pt2537]

ok, well, i have to say that i dont find Andyorchs advice that helpful,

 

to be able to set aside default judgment, you need to either satisfy the grounds set out in CPR 13.2 or 13.3

 

did you make reference to CPR 13 in your application? also did you submit a draft order which you were seeking and also did you submit a witness statement?

 

Default judgments can be set aside but the application must be timely and must have merit. you will need to show that you had a reasonable prospect of success in defending the claim as i do not think you satisfy CPR 13.2 so we will be looking at CPR 13.3. this is the section where the court MAY set aside but is not compelled to set aside the judgment.

 

can you direct me to the content of your application, order and witness statement? is it posted on here?

[Yazoo2000]

I think i have made a big mistake here trying to defend this. I will type out what was in the N244.

[pt2537]

I think i have made a big mistake here trying to defend this. I will type out what was in the N244.

hey, lets not make any judgments on that yet,

 

i have successfully managed to get judgments set aside in the past so dont panic.

 

if you genuinely did not recieve the claim form and can show that there is a reason to allow the case to be defended then you will be ok

[Yazoo2000]

What order are you asking the court to make and why?

I would like the judgment set aside because i have a defence which i would have filed had i had a claim pack because

1. The agreement may contain false information as the bank employee wanted to mis-sell me a loan which was unsuitable to me.

2. I suspect that the amount the claimant is asking for contains unlawful charges.

3. I request full disclosure of documents.

Have I attached a draft order? I ticked No

Ticked evidence set out in box below

Having been made aware of my rights, i have wrote to the claimant making a formal request for information pursuant to the terms of the consumer credit act.

1. I am trying to find out if the claim of debts is lawful. Letters attached. As yet the claimant and the solicitors have failed to satisfy by reply to the request for original signed copies.

2. I believe that the loan was mis-sold to me.

3. Information that secured the loan was fabricated by the bank employee to secure the said loan.

4. I also believe that there are unreasonable charges being added to the account .

In light of the above I ask the court to grant my request to set aside judgement.

 

No draft defence supplied with N244 since Andy was going to help me with this.

[Yazoo2000]

My biggest fear is that after reading through the forums they will go for a charging order after 4pm on Tuesday. I am unable to pay the whole amount they are asking for as I am not working due to illness. (I have muscular waisting) Should i not risk this and offer what i can offord which will be a few pounds each month and hope they do not go for a charging order.

 

I really didn't get a claim form and their Solicitors Shakespeare Putman letter makes my stomach sink.

[r&b]

yaz easier said than dun i know but keep going. i can t offer much by way of solid advice here but dont let em get u down, keep your chin up. you ve got whole plethora of support here and i hope u feel that.

[pt2537]

ok, have you checked with the court to see if you r application has been listed for a hearing?

 

If not then tuesday morning first job is to ring and check

[Yazoo2000]

I do feel it, but its the waiting for positive replies on what to do next. My wife thinks its best to offer thhem a token payment and hope they dont go for a charging order.

[Yazoo2000]

It will have to be Tuesday morning then. What do i do about Shakespeare and Putmans's letter. do i reply?

[pt2537]

from my experience they will go for a charge, it is the most obvious and used method to secure debts

 

its not as simple as your wife says, you need to get an installment order in place so you would need to seek redetermination of the judgment and to have it set at a affordable level

 

it sounds to me that you have grounds to challenge this as you had ppi and clearly if you had ppi and was unable to work logic says you would have claimed, no? so on that basis alone you can raise an argument,

 

the bottom line is from here on, we need to make sure that mistakes are at a minimum

 

what area of the country are you in?

[Yazoo2000]

I live in Worcestershire

[Yazoo2000]

So how do I go about getting an installment order in place? You mention "we need to seek redetermination of the judgment and to have it set at a affordable level" DO you write to the Court or the Solicitors. DO they have to comply with the CCA request that i have asked for so we can see all particulars of the original loan?

 

Will they make us sell the house instead of accepting / fighting such a redetermination of the judgment?

 

What about the N244 that i have filed? Wwat happens there. I take it there are mistakes in my form?

 

Sorry for all the questions

[pt2537]

So how do I go about getting an installment order in place? You mention "we need to seek redetermination of the judgment and to have it set at a affordable level" DO you write to the Court or the Solicitors. DO they have to comply with the CCA request that i have asked for so we can see all particulars of the original loan?

 

Will they make us sell the house instead of accepting / fighting such a redetermination of the judgment?

 

What about the N244 that i have filed? Wwat happens there. I take it there are mistakes in my form?

 

Sorry for all the questions

 

okie dokie

 

i will try and go through the Q's youve posted

 

firstly, will they make you sell? NO i do not think they will, if you have children, other creditors or negative equity in your home its unlikely that they will or that the court would order it

 

they do not need to supply the agreement as the right to a copy is extinguished, you should have been made aware of that too , but not to worry, thats history now, if the court runs the application then you will have a right to disclosure and will have a right to see the agreement.

 

i wouldnt worry about redetermination, the easy thing to do is this

 

Ring the solicitors and advise them you are seeking legal advice on your situation.accordingly you cannot comment til you have been advised of where you stand.

 

 

then we can find out where we are at with this , as tuesday you will know if the court has listed the application or refused it etc and hten we can look at where we go, if it is the case that redetermination is the route to go in the first instance, then i will guide you through that

 

I work in the Birmingham area 3 days a week, so it is possible that i may, subject to client commitments, be able to assist at the hearing

 

please try not to worry

[Yazoo2000]

Thank you, you have set my mind at ease somewhat. I will call the court on Tuesday Morning and do the same for the solicitors. I Have an hospital appointment on Tuesday but i will post you my replies on return.

 

Again thank you for your support.

 

Jon

[AndyOrch]

ok, well, i have to say that i dont find Andyorchs advice that helpful,

 

to be able to set aside default judgment, you need to either satisfy the grounds set out in CPR 13.2 or 13.3

 

did you make reference to CPR 13 in your application? also did you submit a draft order which you were seeking and also did you submit a witness statement?

 

Default judgments can be set aside but the application must be timely and must have merit. you will need to show that you had a reasonable prospect of success in defending the claim as i do not think you satisfy CPR 13.2 so we will be looking at CPR 13.3. this is the section where the court MAY set aside but is not compelled to set aside the judgment.

 

can you direct me to the content of your application, order and witness statement? is it posted on here?

 

Now theres a suprise!!

 

Andy:D

[pt2537]

Now theres a suprise!!

 

Andy:D

is it?

 

I cannot see any relevance in making a request under CPR 31.14 when there is a judgment in place, you need to get the judgment setaside first before you can contemplate making such a formal request.

 

also you are fully aware that there is no merit in making a CCA request under s78 as it is clear that the agreement has come to an end when you are taken to court and there is no longer an obligation to supply an agreement, have you not read Rankine and Amex??

 

of course the other side may have been amicable and simply given up the info if asked politely, but that is not an option now is it, so now we are left with very little mileage other than the setaside application.

 

please do not dabble in things you do not understand

[Yazoo2000]

Hi PT,

 

Spoke to the courts today and there is no decision yet if the case will be set aside. Was told to call back again in a couple of days as Easter has disrupted normal court hours.. Kind of felt that I was a thorn in the clerk side. But will call back in a couple of days.

 

Called Shakespeare Putman and got straight through to an answer phone (direct line number) saying that he was unavailable at the moment but leave a message.

 

The message we left included all of our details, Ref claim number, name and address including our telephone numbers. We respectfully asked if we could have a further 7 days to comply with his letter since the Easter Holidays had not allowed us to seek the professional help that we required since people took extended holidays to those of national holidays during this period. We also asked if he was unwell to grant us the 7 day extension to let us know.

 

Ok, so what do we do now?

 

Many thanks in advance,

 

Jon