Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**

[r&b]

hi spam, if it were me, i think id be inclined to concentrate on the stuff to get the set aside, ie CA, default notice, NOA, etc. this other stuff is great defence fodder but dont let it knock u off the scent so to speak. if they have no enforceable CA or other docs they have no case and u have gd grounds. have u had a hearing date for the set aside yet? i dont like to be the one to suggest it cos im not 100% on this stuff but cpr disclosure might be a gd step. to my mind if u go thru the steps to get the docs ie. CA rqst/SAR/CPR/CPR reminder/possibly (as per PT thread) CPR enforcement and u still get nth or garbage, at least u have shown the DJ that u have tried every possible means to get the relevant info b4 u even set foot in the court. also if u ve dun all that its got to make it diff for them to come back and have a crack at the judgment in the future, which is smth else to bear in mind. others may have better ideas but thats wot makes sense to me. hope u dont mind my commenting

[Spamalot]

Thanks R&B..comments appreciated and taken on board.

I haven't had a date for the set aside hearing as yet and I am, as you can see, gathering as much evidence as poss for my draft defence should I get a crack at it....but I'm also trying to get as much evidence together to support my claim that I was led up the garden path by my DMC and that I admitted the claim through ignorance and their unsound advice.

Don't want the DJ to say ' well you admitted it so what are you whingeing about go away and stop wasting my time!'

So far as you can see I have done CCA request (1st April 09) and SAR (9th April 09)to Marlin....no joy regards CA so far. I have also SAR'd HFC (8th April 09) no reply whatsoever from them to date. not even a T&C

 

How long d'ya think I should give them before sending CPR?

 

Thanks again

[fedupwithdebt2009]

I think that if it gets to the stage where the judge makes an order for disclosure and you both hand in your evidence then both sides have to disclose everything they have in relsation to the debt so that would include letters etc would'nt it??

[r&b]

Don't want the DJ to say ' well you admitted it so what are you whingeing about go away and stop wasting my time!'

 

ur goin for set aside under 13.3 so he shudnt if u have a decent defence.

if u read PTs thread u need to be very reasonable in the time given to reply, so soon as i wud have thought, IF u want to go that route. u have an impending hearing so u cant be too generous. other opinion would be gd on this.

 

I think that if it gets to the stage where the judge makes an order for disclosure and you both hand in your evidence then both sides have to disclose everything they have in relsation to the debt so that would include letters etc would'nt it??

 

do u mean on the enforcement of the cpr?if so, i think (only my own observations) at that point u have specified the docs u wanna see (depending on which u used) which wud generally be the major docs reqd for enforcement. please correct me if im wrong id hate to mislead spam.

[fedupwithdebt2009]

Hi r&b

 

As my case is at the "lets swap doccuments" stage ie....I have to fill in a disclosure list (N265) to say what doccuments I have in my pocession and that I am going to rely on them in court...... like bank statements and correspondence between claiment and defendent. The other side have to do the same and then, say they put that they have a default notice etc I could then request to see the original copy within 7 days. SO if they have letters etc between themselves and spammy then they HAVE to disclose them otherwise they cannot rely upon them in court.

 

See, clear as mud......

[fedupwithdebt2009]

As for the enforcement of the CPR, thats what you ask for in the draft order for directions that you attatch to the Allocation Questionaire (I think)....and the judge SHOULD read and make an order as per......

 

But they dont, as I had sent MC a request for Information using CPR 18 and MC ignored it, and I asked in draft order (that they be made to show mw stuff like default notice etc) and the judge made absolutely NO mention of this in the order he made following the AQ handing in.

 

In the order it just said basically both parties hand your evidence in by such a date.......

 

fedup

[foolishgirl]

I agree with r&b - concentrate on the set aside first.

 

The DCA doesn't have to provide copy correspondence if they no longer have it - they may have only kept a note on your records. Certainly looks from the papertrail as though your DMA has messed up though. Have you thought of a SAR to them? And yes, the evidence for the mess up would prob. be valuable in your SA hearing.

 

Re. your defence & the relevant docs. you can ask for those at that time. Sorry if you've stated it already but is the claim over £5000 i.e. fast track rather than small claims?

[fedupwithdebt2009]

........Of course Mine is a claim Im defending and yours is a set aside application so......still same scummy solicitor's tho

[r&b]

sorry spam i hope this is all relevant and not hijacking. something occurred to me whilst i was doing my cpr rqsts. that being if u get to the point of n244 application for disclosure, you can ask in the draft order that unless they comply the court set aside the juidgment. i cant remember if that equates with PTs advice as that thread is not abt set asides but it seemed reasonable to me. thats why im wondering if it would be useful in your circumstances as it would in effect remove the need to go thru the set aside hearing (or have both at the same time maybe). that is of course if u get no reply to speak of. either way u will know wot u r dealing with, which i believe was the point of that thread in the first place, allowing u to formulate a proper defence with a proper paper trail. just my thoughts from what ive been doing in my own cases.

[I've got no money]

Hi r&b

 

As my case is at the "lets swap doccuments" stage ie....I have to fill in a disclosure list (N265) to say what doccuments I have in my pocession and that I am going to rely on them in court...... like bank statements and correspondence between claiment and defendent. The other side have to do the same and then, say they put that they have a default notice etc I could then request to see the original copy within 7 days. SO if they have letters etc between themselves and spammy then they HAVE to disclose them otherwise they cannot rely upon them in court.

 

See, clear as mud......

 

Just a quick observation - you don't list all the letters in an N265 - the art is to put them in and not tell the other side what they are:

 

So for example you would put in "correspondence received from the Claimant of various dates"...you don't list it item by item

[I've got no money]

Thanks R&B..comments appreciated and taken on board.

I haven't had a date for the set aside hearing as yet and I am, as you can see, gathering as much evidence as poss for my draft defence should I get a crack at it....but I'm also trying to get as much evidence together to support my claim that I was led up the garden path by my DMC and that I admitted the claim through ignorance and their unsound advice.

Don't want the DJ to say ' well you admitted it so what are you whingeing about go away and stop wasting my time!'

So far as you can see I have done CCA request (1st April 09) and SAR (9th April 09)to Marlin....no joy regards CA so far. I have also SAR'd HFC (8th April 09) no reply whatsoever from them to date. not even a T&C

 

How long d'ya think I should give them before sending CPR?

 

Sorry to stick my nose in but...

 

I think that you need to become pro - active the CPR 31.14 letter - allowing 7 days for a reply needs to go off immediately by first class recorded - if you have access to a fax - so much the better.

 

If you've already done the 31.14 letter and had no reply - another letter enclosing a copy of the 1st letter - give them a further 7 days to reply and tell them if they don't that you'll be applying for an order.

 

Can I just clarify - they have a ccj - what was the order - was it an instalments order or was it forthwith

 

Hope that's useful

[fedupwithdebt2009]

Just a quick observation - you don't list all the letters in an N265 - the art is to put them in and not tell the other side what they are:

 

So for example you would put in "correspondence received from the Claimant of various dates"...you don't list it item by item

 

Hi IGNM

 

Yes i have seen that in other threads and have just listed in general order ie "pages 2 to 12;- correspondence between defendent and claiment";)

 

But see my thread http://www.consumeractiongroup.co.uk/forum/legal-issues/183981-county-court-claim-help.htmland you will see they have offered a tomlin order......

[Spamalot]

I agree with r&b - concentrate on the set aside first.

 

Re. your defence & the relevant docs. you can ask for those at that time. Sorry if you've stated it already but is the claim over £5000 i.e. fast track rather than small claims?

 

Hi FG, the claim is for over £5000 therefore I assume fastrack...whatever that might mean! :?

[Spamalot]

[quote=I've got no money;2135586

Sorry to stick my nose in but...

 

I think that you need to become pro - active the CPR 31.14 letter - allowing 7 days for a reply needs to go off immediately by first class recorded - if you have access to a fax - so much the better.

 

If you've already done the 31.14 letter and had no reply - another letter enclosing a copy of the 1st letter - give them a further 7 days to reply and tell them if they don't that you'll be applying for an order.

 

Can I just clarify - they have a ccj - what was the order - was it an instalments order or was it forthwith

 

Hope that's useful

 

All input welcome IGNM.

Thanks for your comments....the CCJ was for an 'assigned' credit card debt for over £5000 which I have been ordered to pay back in instalments.

[foolishgirl]

Hi FG, the claim is for over £5000 therefore I assume fastrack...whatever that might mean! :?

 

It would mean you would be liable for the other side's costs if you lose

 

However on the bright side, it means you can use CPR31 to your advantage

[Spamalot]

It would mean you would be liable for the other side's costs if you lose

 

However on the bright side, it means you can use CPR31 to your advantage

 

 

Yikes:eek::eek: Best make sure my defence is as watertight as poss then!!!!

 

I've been preparing my CPR request and I am now confused as to which rule I am requesting it under.

 

Having read the Stickys I see there is a 31.4 and a 31.6.

 

As I am going for a set aside hearing (date not set as yet)of judgement already in force which one do I use??

 

Help please...is it PTs or X20s

[r&b]

I've been preparing my CPR request and I am now confused as to which rule I am requesting it under.

 

Having read the Stickys I see there is a 31.4 and a 31.6.

 

As I am going for a set aside hearing (date not set as yet)of judgement already in force which one do I use??

 

Help please...is it PTs or X20s

 

think u mean 31.14/31.16. IGNM advoates 31.14 in post above. i think from memory x20 posted that.

[I've got no money]

31.16 is pre - action so not relevant

31.14 is the one that you use - as r & b points out I advocate using X20's version

 

You need to get the request done ASAP

[Spamalot]

think u mean 31.14/31.16. IGNM advoates 31.14 in post above. i think from memory x20 posted that.

 

Thanks.

[Spamalot]

think u mean 31.14/31.16. IGNM advoates 31.14 in post above. i think from memory x20 posted that.

 

31.16 is pre - action so not relevant

31.14 is the one that you use - as r & b points out I advocate using X20's version

 

You need to get the request done ASAP

 

Thanks peeps....on to it now:-)

[Spamalot]

Ok, If anyone's out there..help on this bit please..

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court. (I assume I put the date of original claim back in December and Northampton CC)

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. ( This is where it gets tricky...due to c**k up of DMC...partial admission of full amount was sent to claimant and not court!!! Therefore no defence was submitted and CCJ was awarded....so what do I put here if anything?

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] (no request sent prior to judgement but 2 ca requests sent prior to set aside hearing so far)

 

The rest I can cope with...

 

Any advice please.

[Spamalot]

in the abscence of advice I have done this....

 

On 29th November 2008 I received the Claim Form in this case issued by you out of the Northampton County Court, and subsequently received a judgement against me.

 

I am applying for this judgement to be set aside and it is my intention to defend the whole claim.

 

Prior to this set aside hearing I have delivered two requests for the production of the agreement mentioned in the Claim Form and on which you rely. That request has been unfulfilled to this date.

 

Comments /input/ PLEASE;)

 

This is in regards to the wording of CPR request based on x20's draft

Edited April 30, 2009 by Spamalot
clarification

[Spamalot]

I have at last received something in the post as a result of my SAR to HFC.

It is a list of exactly 6yrs transactions......still no 'balance' on there though.

 

Can anyone please tell me what I should be looking out for in respect of unlawful charges etc. Bearing in mind this was a credit card agreement.

Thanks peeps.

[Spamalot]

Further to the above....

 

Having gone through the list of transactions, I have picked out the following;

 

Aug 03......£20.....Late Charge Assessment.

May 04......£25.....Late Charge Assessment

July 04.......£25....Late Charge Assessment

Oct 06.......£12....Late Payment Admin Charge

Nov 06.......£12....Late Payment

Dec06........£12.....Late Payment

Jan 07.......£12......Late Payment

Feb 07.......£12......Late Payment

Mar 07.......£12......Late Payment

Mar 07.......£12.....Overlimit Charge.(Bearing in mind I'd been trying to arrange payments with them since Oct 2006 and it's their charges that put me over the limit!!!)

 

Also...I'm assuming that Billed Finance Charge = Interest, But can anyone tell me what Billed Deferred Finance Charge is?...These seem to be regular small amounts added on the same day as the Interest .....although as there is no actual balance at the begining or end of this statement Who knows whether it's been added or taken away!!

 

These sheets are the sum total of my SAR...

Not a whiff or a mention of a CA.

Not a whiff or a mention of an Assignment.

Not a copy of a default notice or two...

NOTHING......How that cost me £10 I don't know!!!

 

Perhaps there's more to come and they're sending it seperately.:idea:

 

Oh yes, The covering letter was from 'Beneficial', and it states that my July 2008 to March 2009 Statements are not enclosed as there's been no activity on my account for that period.....Strange seeing as they've 'sold' it to Phoenix that they don't seem to know about it.

[r&b]

Can anyone please tell me what I should be looking out for in respect of unlawful charges etc. Bearing in mind this was a credit card agreement.

Thanks peeps.

 

hi spam, i wud say any charges. the fact that they are there at all without an agreement to back them up makes them unlawful after all how cud they chge interest when u have no stipulation as to the rate charged, how cud they charge penalties without any stipulation as to the level of chge, or why it was charged, etc ,etc? i think they wud just all get lumped together in any defence anyhow.

doesnt seem like a proper SAR reply to me, no bal on statements!!! no CA/DN/NOA is gd news at this point i wud say. have they previously sent u anth to go on at all, like a blank agreement or smtg like that?

have u dun the 31.14 rqst yet?