What if the Judge asks..................... ....

[Barclaysbunny]

Due to ethics and job safety, I must be very careful with what I write, so please don't ask me for specifics about the case, I can't answer.

At a Court up North today, a Defendant (rep'd by a public charity) had a set aside application heard. He had been served with a stat demand by a solicitor's firm acting for a debt purchaser. The District Judge, of her own volition, agreed to hear a set-aside for the judgment first (today), with the SD set-aside to be heard later this month.

The Defendant had been a bit stupid (he'd not looked on here until a LOT later) and sent in an admission to the claim form - but sent it to the Claimant and not the Court. The Claimant, being a bit desperate, sent in request for judgment before the admission was received - so a default was entered. After nasty threatograms the Defendant very stupidly wrote letters to the Claimant admitting the debt a few times. Then starting paying £10/m. Judgment was entered in March 08.

Due to payments of £10/m on a debt in the region of £4,500 - £6,000, a charge was placed on the Defendant's property by the Claimant. Then more threatograms.

Eventually, the Defendant must have found CAG and started sending in CCA requests - 8 MONTHS AFTER JUDGMENT WAS ENTERED, which were all ignored. A Stat demand was served on the Defendant. The Defendant applied for a set-aside, and the hearing was set.

Now, evidence was an admission form, letters admitting the debt AND payments made towards the debt.

Guess what the good old judge said today?

The JUdge adjourned the hearing for 1 month, with AN ORDER that the Claimant provide the Court & Defendant with a valid CCA compliant agreement for the debt within 14 days. And we all know what that means? The judge has said that the judgment will not be up-held if an enforceable agreement is not produced - THIS IS ONE YEAR AFTER JUDGMENT WAS ENTERED.

The Judge did not say "Did you borrow the money" or "Do you owe it" - because the Defendant provided the Curt with letters acknowledging the debt. The Judge did say though that if a valid agreement is produced s/he will have to find that the Judgment is valid and costs etc will be awarded. Then the set-aside for the SD would be heard.

But, do you think that the debt purchaser (not the original creditor) will be able to provide a CCA compliant agreement in 14 days? They admitted they didn't have one at the hearing and had not sought it because the CCA request was made after judgment was entered. The Claimant solicitor who attended also gave the Court a copy of Rankine. The judge was not at all interested.

So, I thought I'd share. I will, of course, try and persuade someone to seek a copy of the transcript if the Claimant losses to post on here.

Now you know the answer - the judge will not ask, because it isn't at all relevant.

As I said - don't ask specifics, I won't answer - in fact I could probably get sacked and sued just by putting this on - but this could not be a better boost for people who are suffering. Have faith demand a CCA compliant agreement and do not give up.

[Barclaysbunny]

Sorry, I'll clarify in case people lose the point of what I said

The judge did not care AT ALL whether this Defendant received the money, because he had admitted that he had received it and believed that he owed it (he even signed the admission to the claim form) the Judge was only interested in whether it was an enforceable debt and could the Claimant prove that!!!

[Barclaysbunny]

Surprisingly, there are a number of judges around the Country who still do what they did upon entering law school - looking out for justice and defending those that need it. I know it sometimes seems as though this is not the case.