Judgement Notice - RBS Mint debt

[r&b]

HI IRONROADMAN,

u can d/load the form here if it helps, it s an N244, costs £75. whilst FG is offline u can do a search and find various examples to help get the gyst for filling it in.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

[r&b]

Good, you will also need a copy of the original POC (summons) - N1 form.

Ask the court to send you a copy asap.

Can you also post that up when you get it please?

 

 

sorry to butt in FG, but just to make sure there is no delay, send £5 in with your request asking for any attached documents as well if there are any, this covers up to 10 sheets so plenty i would imagine.

[r&b]

I have the N244 it asks how I want the hearing to be dealt with, at a hearing, without a hearing. what should I say here?

it also asks what level of judge is needed, who should be served with the application, and what information I will be relying on in support of my application.

I guess this will need to be sent to Norwich now as this is where it has been transferred to.

I still have not received a copy of the POC will chase them up on this today.

Would you say it is advisable to post this recorded delivery?

 

Should I still persue the SAR?

 

hi IRM,

for your set aside, you will want it at a hearing, with a District Judge. u can leave the time for hearing blank unless FG thinks you can specify. u need to outline ur reasons to set the judgment aside as FG has stated previously, along with any evidence u have in support in S.10 i think it is.

send it to the court that now has the file.

i would post everything recd del.

yes i would still pursue the SAR, it could throw up some useful info for future use.

[r&b]

u should def put smth in abt u being a LIP and requiring the case moved to ur local court.

i personally cant see why u shud ask their sols for smth the court shud hold? did u find out if they had passed the file over to norwich? if they have u may get a better response from there.

is ur CA rqst under a s.78 with £1 fee? if so they will ignore that as the CCJ takes preference. have u made any other document requests? if not u will undoubtedly have to use CPR for disclosure. i think as proceedings havent started u can use 31.16? see what FG/Steven think but if so, this thread covers that:

http://consumeractiongroup.com/forum/legal-issues/173201-why-you-shouldnt-use.html

Edited August 10, 2009 by r&b

[r&b]

sorry IRM,

i should have made that clear. the request is to the claimant direct, nth to do with the court. have a read of that thread it will shed some light. like i say get a second opinion as there are diff types of CPR rqst but u can give as little as 7 days for compliance so it may be useful.

[r&b]

UPDATE

Arrived at court this morning to find that as well as my set Aside hearing RBS had also applied for another Charging Order!

 

However after putting my case to the DJ he agreed that the Judgement should be set aside, and I got my order. He also dismissed the Charging order.

 

I have to say it is a nerve wracking experience going to court, but not half as bad as the tea they serve in the cafeteria!

 

nice one IRM well done...... a cafeteria eh?....must be one of those upmarket CCs;)

[r&b]

hi guys,

dont know if its relevant but if ur not aware have a look at this thread and in particular posts by ruinedbynatwest (john story- Natewest-v- Story &Pallister) from abt post 1348ish....may help claify a few things on s.18.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within-68.html