DLC / Hillesden... Barclays Master Loan - Set aside of CCJ help please

[r&b]

yep sounds decent defence.

may be worth putting in ur N244 about the CPR rules regarding set aside (13.2/13.3 link below).

 

not only does it show u know wot ur on about

but directs the judge as well if necessary.

 

if u have had no docs back from CCA rqst and SAR so far id put that in as well under sect 10 for evidence

and/or state that u have sent a further request in an attempt to get disclosure.

 

if ur gonna get this (N244) in it will undoubtedly end up with CPR 31.14 request in my view

cos of the time constraints so have a scout round and get familiar with CPR disclosure. first few pages of this thread may help a bit:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

link for CPR:

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

[r&b]

few other set aside threads for your perusal:

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/139232-hfc-restons-charging-order.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/176035-help-court-set-aside.html

 

this is wot im doing now :

http://www.consumeractiongroup.co.uk/forum/legal-issues/180864-finding-faulty-cca-agreements.html

[RW Fugitive]

few other set aside threads for your perusal:

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/139232-hfc-restons-charging-order.html

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/176035-help-court-set-aside.html

 

this is wot im doing now :

http://www.consumeractiongroup.co.uk/forum/legal-issues/180864-finding-faulty-cca-agreements.html

 

 

Brilliant! Thanks R&B you are a star!.. will get on to this straight away!

[RW Fugitive]

All posted off now... waiting game starts again...

 

Thanks again R&B for your help... much appreciated

[r&b]

hi RW,

thats good first step over with...again..lol.

i think id be tempted to send a CPR 31.14 request (as you are now in proceedings) in the very near future (as soon as u hear from the court).

 

as i said before, the timeframes may or may not tie up with ur SAR.

problem is, wot if they dont comply?

reminders/complaints, etc, etc all take time.

 

with CPR rqst u can give them 14 days (less if needs be) to reply then reminder with 14 days,

then whack in the court application,

all b4 your SAR is even due back.

 

ive had probs myself in the past with having to rush these things.

the SAR is still useful as its from the OC,

it may throw up something u (or they) hadnt bargained on.

 

front foot is usually opined on here by those who know their onions so to speak...

. have a good read up on it and see wot u think (templates are easy to find from surfaceagentx20 or 42man)...

 

unless anyone else has any better ideas on the subject of course ...

[RW Fugitive]

Cheers r&b.. will have a good read and think about the CPR...

[GhostDebt]

Following with interest.

[RW Fugitive]

right ok... update. got a letter from my local CC today....

 

"The hearing of the defendant's application for set aside of Judgement (see copy attatched) will take place at 12:00 on the 16th June 2009. at ** County Court *******, ******* "

 

Ok...now... any advise on how to put a defence together for this?

 

Any help appreciated as always

Edited June 9, 2009 by RW Fugitive

[r&b]

right ok... update. got a letter from my local CC today....

 

 

 

Ok...now... any advise on how to put a defence together for this?

 

Any help appreciated as always

 

did u send any CPR requests?

what did u put in ur application for reasons to set aside?

[RW Fugitive]

did u send any CPR requests?

what did u put in ur application for reasons to set aside?

 

 

Thanks r&b.....

 

I didn't send any CPR requests, no.. ... I didn't think it would come through this quick... although you did warn me!

 

I put in my application that I was not living at the address when the judgemnt was made and had no knowledge of the court date, so was unable to defend.

 

I advised on CPR Rules 13.2 and 13.3.

 

Thanks

[r&b]

ok well that shud be enough but depends on the DJ as usual...

 

id still send one off tomorrow if poss giving 7 days to reply.

tho i doubt u will get any response,

it may sway the judge if he is of a mind not to set aside that the production of docs may help him decide

(u will potentially have to argue that point to convince him so have a script in mind)

and u having started the ball rolling etc etc.

 

make sure u have complete evidence of your absence from the address as thats the main point of attack from their side.

 

this link may be helpful:

 

http://consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

also in formulating ur arguments (tho u wont need a defence)

have a look thru this defence/skeleton argument posts 177/178 here,

 

as it deals with a case with no docs. im not saying its foolproof but its been checked over by a few experienced people

and had no comeback so must cover most of it:

 

finding faulty cca agreements after a ccj?? - Page 9 - The Consumer Forums

 

might give u a few ideas anyway..

[RW Fugitive]

Thanks r&b.... I'll have a read... a bit scared now the dates been set TBH!... yikes!

[RW Fugitive]

Aplins have written to me about a debt I have with Hillsden / DLC.

 

It was a CCJ from 8 years ago and I've been paying £50 per month for over 6 years now.

 

They are saying I haven't paid and are about to issue a writ for a Warrant of execution ?

 

I've never missed a payment and have paid even when I was unemployed.

 

Can they do this?

[dx100uk]

nope

 

what are these silly buggers upto.

 

dx

[dx100uk]

is this the Barclays one or the amex one?

 

dx

[Stigman]

Hi,

 

You need to write to Aplins and state that you have been complying with the terms of the CCJ and have paid the agreed amount every calender month.

 

Any action will be vigorously defended.

 

Did Hillsdens / DLC take you to Court?

Are Hillsdens / DLC named on the Court paperwork to pay?

You must continue to pay whoever is named on the Court paperwork at the agreed amount.

Only a Court can change who you pay.

 

If your financial circumstances change in future, you can apply to the Court for a variation in the amount.

 

Do not ring, keep everything in writing so you have a nice papertrail.

 

Have you full payment statements to show that you have fully paid on time and every month?

 

Stigman

Edited December 5, 2013 by Stigman
as usual forget a line - grrrrrrr

[RW Fugitive]

It's the Barclays Masterloan

[RW Fugitive]

Hi,

 

You need to write to Aplins and state that you have been complying with the terms of the CCJ and have paid the agreed amount every calender month.

 

Any action will be vigorously defended.

 

Did Hillsdens / DLC take you to Court?

Are Hillsdens / DLC named on the Court paperwork to pay?

You must continue to pay whoever is named on the Court paperwork at the agreed amount.

Only a Court can change who you pay.

 

If your financial circumstances change in future, you can apply to the Court for a variation in the amount.

 

Do not ring, keep everything in writing so you have a nice papertrail.

 

Have you full payment statements to show that you have fully paid on time and every month?

 

Stigman

 

Yeah, never missed even one payment. I had to double check there wasn't another CCJ! but no it's the same one. they have been ringing me loads lately, but TruCall has been telling them to do one

[RW Fugitive]

I'll fire off a letter to them and let them know. Could it just be a rouse to get more money out of me? silly question i guess! LOL

[Stigman]

Could it just be a rouse to get more money out of me? silly question i guess! LOL

 

Christmas is a coming, you got presents to buy when instead you and your family could go without and give them a healthy Christmas bonus lol.

 

As usual, debts or multiple parcelled debts get passed around with limited data attached, could also be a ploy for you to telephone them so you could be bullied into upping your monthly payments as you have worked out which means you then are in breach of your CCJ.

 

Stigman

[dx100uk]

threads merged.

 

so you never got the set aside done?

 

what happened please?

 

dx

[RW Fugitive]

threads merged.

 

so you never got the set aside done?

 

what happened please?

 

dx

 

I frantically checked to see if i ever replied to their claim and I did (there was so much going on at that time, it was all a blur) ,

 

I couldn't use the "didn't know they had taken me to court" route

 

I just had to start paying up.

 

I agreed a payment plan with them and had kept up the payments since, never missed once.

 

I have no problem paying it as it is my debt,

 

I just feel annoyed by their recent threats.

 

I'll fire of the letter tomorrow.

 

Thanks guys

[dx100uk]

so you agreed a payment plan outside of the court being involve and after the judgement?

and what was the judgement, have you the CCJ copy?

 

they MUST abide by anything the judgement says

 

dx

[RW Fugitive]

so you agreed a payment plan outside of the court being involve and after the judgement?

and what was the judgement, have you the CCJ copy?

 

they MUST abide by anything the judgement says

 

dx

 

I can't find the actual CCJ, no. Yeah, I agreed a payment plan with them without the court being involved, they've happily taken those payment for 4 years now from what I can see. I've never missed a payment and it comes out as a standing order every month. I just don't want any more added to the debt. Sending a letter today to them asking on what grounds they are going for a writ. Thanks