Court date through for set aside, advice please.***WON***

[xx.Morph.xx]

I have a Court date of the 28th July for a set aside of a CCJ from RBS & Bryan Carter.

 

The only thing I have sent so far is a N244 as below, what else do I need to do or send? I have scoured the forum but can't find anything specific to my situation as others have disputed the 2nd CCJ before it was granted.

 

Any & all advice welcome please.

 

 

 

 

 

 

Copy of Bryan Carter's letter marked B1 in N244

 

 

 

Many Thanks

Morph

[I've got no money]

I think that you'll find that BC agree to setting the Judgment aside.

 

Can I ask what happened with the original claim - did you get the summons - did you do anything with it...

 

I don't think that you will have a problem with your application - if you let us know when you get a hearing date we'll run through the process - I ought to add that it is unlikely that they will even attend court - they don't usually...

[xx.Morph.xx]

Hi IGNM, I did receive the 1st lot of court papers but it was at a time when I wasn't opening my mail regularly, so I opened the Claim form & the default judgment at the same time. I wasn't to bothered at the time as it was only for about 10% of what I owed (in hindsight eh!).

 

I paid off the CCJ in installments so it's still on file & credit report but got the above letter advising satisfied, I then got a letter from B.C advising I still owed them £XXXX & I offered to continue with the same payments I'd been making but the only response I got was a second claim form, I again offered to continue payments & that resulted in me "accepting" the 2nd CCJ apparently.

 

11am on Tues 28th is when I'm due at court, I'm hoping the fact that B.C. have stopped calling me as the 1st sign that they might be filing this one in the cock up pile?

 

Many thanks

Morph

[xx.Morph.xx]

If the set aside is granted, what do people think my chances are of claiming back monies paid to Bryan Carter under threat of ramifications from an unlawfully obtained CCJ.:?

 

I don't want to push my luck but lets face it if it isn't lawful to obtain a second CCJ then should it be lawful for BC to gain monies from it?:-|

 

All opinions welcome

 

Morph

[r&b]

as i understand it, once u have set aside, the claim returns to the beginning, therefore if u have paid any monies under an order on that judgment, u shud get it back.

[xx.Morph.xx]

Bump

[xx.Morph.xx]

Any advice please?

[r&b]

Any advice please?

 

what is it u need morph?

[Spamalot]

what is it u need morph?

 

Perhaps it's in respect of claiming damages etc.?

 

Andy popped this on my thread so it may be relevant.

 

The Claimant, possessing no legal right to claim monies allegedly owed, has acted unlawfully in obtaining a CCJ and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

 

 

Spam.

[xx.Morph.xx]

what is it u need morph?

 

I just need to know if I need anything other than copies of my above paperwork, like sworn statements or ,well anything really. It just seems that I'm going into this a bit "light" on paperwork or am I over thinking this?

 

Morph

[r&b]

have a look at spams thread here, in particular andyorch post #212 which may help explain the process and whats reqd:

 

CCJ and interest on debt. - Page 11 - The Consumer Forums

[Spamalot]

I just need to know if I need anything other than copies of my above paperwork, like sworn statements or ,well anything really. It just seems that I'm going into this a bit "light" on paperwork or am I over thinking this?

 

Morph

Hi Morph,

 

Just by going on the advice I've received on my thread so far, you basically just need a draft defence to prove you have a chance of success... nothing too complicated, just enough to show the basics are there to build on if it went to trial, and a reason why you didn't defend in the first place...

 

At least that's the way I'm seeing it.

 

 

 

Spam.

 

Doh... too late!

Edited July 13, 2009 by Spamalot
R&B snuck up behind me!

[xx.Morph.xx]

Thanks guys, I'll have to re-read all my subbed threads & the suggested ones an hour at a time, any longer & I get confuddled & word blind.

 

I s'pose it SHOULD be straightforeward, BC broke the rules with the 2nd CCJ so it is only right to set it aside. My challenge will be to get some of the monies paid back & some costs.

 

thanks to all again.

 

Morph

[r&b]

hi morph

just to add another few hours to your reading....this has elements of costs and reclaiming in it which might be of use and its a 'won' thread:)

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/171391-davey77-capital-one-3.html#post2291461

[bedlington83]

Just a thought. You say that the original CCJ was for only 10% of the debt. The balance referred to in BC's letter could be the remaining 90% and it could be this 90% that the second CCJ is for

 

Or have I missed something?

[xx.Morph.xx]

Just a thought. You say that the original CCJ was for only 10% of the debt. The balance referred to in BC's letter could be the remaining 90% and it could be this 90% that the second CCJ is for

 

Or have I missed something?

 

Yes that's correct BUT the rule is that you cannot split the claim, however BC does this to make sure he gets his fees & stuff everyone else concerned.

 

Morph

[bedlington83]

So the remaining 90% is, in effect, unenforceable?

[xx.Morph.xx]

So the remaining 90% is, in effect, unenforceable?

 

Yes:D & when RBS ask me nicely for the money I'll say "sue BC for it coz it's his dodgy practices that have lost you your claim to it"

 

Morph

[xx.Morph.xx]

Well I won my Set Aside:D, Bryan Carter or RBS didn't attend but they sent notice that they wouldn't object to the set aside & would discontinue the claim if I didn't press for costs.

 

District Judge not interested in the fact I wanted to reclaim money I'd paid out for the 2nd CCJ & asked the dreaded "Do you owe the debt" & I said I didn't dispute owing them something just not the figure they have produced, he seemed to accept that without issue.

 

He advised perhaps I should have requested the refund in with the set aside application & to do my homework if I wanted to claim any money back but to be wary of how much it could cost me if I failed.

 

I'll take the win in the knowledge I may not have got my money back but the only person RBS can demand the outstanding balance from is Bryan Carter & not me;)

 

 

Morph

[r&b]

well done morph good result

[xx.Morph.xx]

A HUGE thanks goes out to all of you who helped steer me in the right direction with your advice & support.

 

Another one chalked up for "our team" & a Nil Point forthe DCA's:lol:

 

 

Morph

[Spamalot]

Congratulations Morph.

 

Don't forget to alert the site team of your victory.

 

Spam.

[Spamalot]

Hey Morph...

 

Sorry .. belated 'thank yous' for trying to find out about the 'admission' issue, I meant to post on Robcags thread but forgot. It's all still a bit of dilemma.

 

Thanks again for trying.

 

 

Spam.

[mandyjayne]

well done morph,

 

just read your thread! great result

 

all the best

 

MJ:)