OH v Cap 1 & Rob Way *** WIN ***

[foolishgirl]

Set aside is usually accompanied by a WS with brief facts but I guess in the circumstances there is not much more to be said!

 

Put in the dates the original defence had to be in by, state when it was recorded as being delivered & signed for by the court. Attach a copy of your Rec. Delivery receipt & the defence already submitted. You can ask for it without a hearing (although the DJ may decide he wants one) so leave the time blank.

 

Also mention you want costs of the application!!!!

Edited April 1, 2010 by foolishgirl
addition

[cymruambyth]

Information being relied upon:

On xxx Robinson Way and Co submitted an amended particulars of claim as directed by District Judge X. I was required to submit my defence by the x December 2009. On x December 2009 the attached defence was signed for by the court. I have also attached a copy of the proof of sending and proof of delivery using Royal Mail Special Delivery.

 

Order I am asking from the court:

I am requesting the set aside the Order made on x February 2010 and dated x March 2010 as a defence had been filed within the time required.

I am also respectfully requesting the costs of the application.

 

Forgot to add the court suggested that this may have to go to another court as it isn't actually my local court!!!!!

[foolishgirl]

 

Forgot to add the court suggested that this may have to go to another court as it isn't actually my local court!!!!!

 

Might be a good idea!! - perhaps we can fling it into the same application

[cymruambyth]

N149 has arrived

[citizenB]

N149 has arrived

 

The court got something right at last

[cymruambyth]

Yes the wheels of justice move slowly ............ but at least they are now moving:)

[seniorservice]

Hi cymruambyth

 

Is there any news on this?

 

SS

[cymruambyth]

Judgement was set aside, defence accepted and transferred to my local court. N149 submitted. Wheels still moving slowly.

[cymruambyth]

Rob Way have to return their N149 and pay the money or claim will be struck out.

Waiting but not holding my breath!

[citizenB]

Fingers crossed:)

[foolishgirl]

Fingers crossed:)

 

Ditto...

[babybear39]

Ditto...

[straftat]

double ditto...

[cymruambyth]

Filed

[citizenB]

Filed

 

b*gger

[babybear39]

What she ^ said

[foolishgirl]

Never mind, cy. Just a bit more work, that's all. You'll get there.

[cymruambyth]

There were quite a few anomalies on this one that make their actions seem more than a bit desperate!

Maybe some of the shareholders of these DCAs should complaain about their actions losing the shareholder money by being frivolous and without merit

[cymruambyth]

Judgement was set aside, defence accepted and transferred to my local court. N149 submitted. Wheels still moving slowly.

 

According to HF, who have completed and returned N149

'a judgement debt has been secured as a charge against your property'

And as no money has been paid, they are instructed to issue further enforcement action to recover money and costs etc.

Surely this is an abuse of process!

Who do I complain to altogether? I'll try the SRA but they are useless.

Other than the rule of Cymruambyth, what else if anything have they broken?

Thank you

[babybear39]

Oh fark!

 

B'tards trying to sneek in a judgement by default

[straftat]

yup , HF / Robbers way are defo **** no1 at the mo , making 1st credit look like angels

[car2403]

'a judgement debt has been secured as a charge against your property'

 

Has it, though?

 

Contact the Court ASAP to find out if it has.

 

If it hasn't, it's a reason to fillet their Donkey - can I have fries with that?

[cymruambyth]

Could a charge be scured against the property if the default judgement has been overturned, the case transferred to a different court and N149 completed and submitted (by a court deadline order for them) by both parties?

[car2403]

There's nothing stopping a charging order been issued, but it needs to be set aside on that basis, Cymru

[cymruambyth]

Thank you, must remember to check on their parentage!