Robinson Way CCJ/CO Cap1 card debt - was unable to respond - now want to set aside **LOST** - appealed - **WON** Claim reset - **WON - Case dismissed**

[citizenB]

Looks good to me, Robin:)

[citizenB]

I have alerted the site team to your question Robin.

[citizenB]

Robin, I have hit the triangle for you.. site team are now aware of your query.

[citizenB]

Robin, I am just going to have a read of your thread again.. then will see who it would be best to contact on your behalf.

 

There isnt a template witness statement as such because each one is individual.

 

BRB

[citizenB]

ok, do I have this correct.

 

A claim form was issued against you. Due to personal circumstances whereby you were full time carer to a parent suffering from cancer, a partner suffering from severe depression, thereby effectively being a single parent to 2 x small children.. you just ticked the "guilty as charged" box without paying too much attention to the consequences ?

 

You have now had the time to assess the situation and feel you have a reasonable chance of success at getting a default judgement set aside.

 

You require help in preparing a witness statement ?

 

You also dont know by what time you have to submit this with the case due to be heard 7/09/2009 ?

 

I will try and find someone with knowledge in this area to have a look at your thread.

[citizenB]

Interesting update. Just had letter from DWF acknowledging request 31.14 stating requesting docs from client saying "hope to forward the same to you before the Charging Order hearing ..... In the meantime, we look forward to receiving a copy of your application to set Judgment aside".

 

Facts are:

 

1. Application made to set aside. Stamped received by court 15/06/2009.

 

2. Notice of hearing to set aside dated 25/06/2009.

 

3. Box 9 on N244 stated Horwich Farrelly (sols then on record for service of docs) should be served with app. I asumed court does service, am I right.

 

4. Notice of change of solicitor received from new sols and form dated 19/06/2009. Old sols Horwich Farrelly, new DWF LLP. This was received after notice of hearing but I didn't keep letter it arrived in to show they may have delayed posting.

 

5. Interim charging order 29/06/2009.

 

Views please on this event

 

Are they saying they havent received a copy of the set aside ? Did you tick the box to have the court to serve the papers ?. It might be in your interest to phone court.. on Monday now and ask if they have served the papers. If so, then advise court that opposition have said they dont have them ?

 

If the court hasnt sent them a copy then it might be a good idea to photocopy your and send them a copy.

[citizenB]

So, you have two sets of solicitors acting on this ?.. one for the Default Judgement and the other for the Charging order ?

 

Sorry for all the questions, but anyone popping in and offering assistance will need all the information in one place.

[citizenB]

Ok, well the information given so far by the site team is that you need to prepare your witness statement in chronological order and also attach a copy of your defence statement as well.

 

You should put all your paperwork in date order and your witness statement should follow the sequence of events as to how you have arrived at this point in time.

 

HTH.

[citizenB]

Yes, you should indeed phone the court on Monday and at least establish if there are one or two solicitors and to whom the paperwork was directed initially. Having established who is going to be representing the opposition, then I guess you will need to find out if it is you or the court who needs to copy in the new solicitor?

[citizenB]

Here is a copy of the first 2 pages of a Witness statement I produced for an application for a Summary Judgement against LTSB.. HTH

 

Yes, if you would like someone to proof read, run their eye over it for you.. but please make sure you edit out all personal references first.

 

 

 

 

 

 

Filed on behalf of: Claimant

Witness: Citizenb

Number: 1st

Exhibits: cb1

Date: 03 August 2009

 

 

IN THE ??????COUNTY COURT Claim No: ?????

 

 

BETWEEN:

CITIZENB

Claimant

and

LLOYDS TSB BANK PLC

Defendant

 

_________________________ _________________________ ____

WITNESS STATEMENT OF CITIZENB

IN SUPPORT OF APPLICATION FOR SUMMARY JUDGEMENT

_________________________ _________________________

 

I, Citizenb of Consumer Action Group, will state as follows:

I am a ???? and the Claimant in these proceedings. I make this witness statement in support of the Claimant’s application for summary judgment.

 

2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

 

3. There is now produced and shown to me a bundle of documents marked “CB1”. The exhibit CB1 contains copies of the documents to which I will refer in this witness statement. Their related document number can be found at the bottom right hand of each page.

 

 

-1-

 

 

 

4. On 27 March 2009 a Subject Access Request was made to Lloyds TSB Bank Plc, the Defendant (see CB1-001). This request was made for details of my personal and financial information that would be held within the internal record systems of Lloyds TSB Bank Plc and was quite specific as to my requirements.

 

4a. Included in the Subject Access Request was the required legal fee of £10.00 by way of a postal order, (see CB1-002), which was crossed and made out in favour of “Lloyds TSB Bank Plc”.

 

4b. The Subject Access Request was mailed via the Royal Mail’s Special Delivery service which provides a tracking service and proof of posting (see CB1-003).

 

4c. According to the Royal Mail tracking service the Subject Access Request was received by the Defendant on 28 March 2009. The signed receipt (see CB1-004) was retrieved from the Royal Mail’s website.

 

5. The Data Protection Act 1998 allows for 40 calendar days from date of receipt for complying with a Subject Access Request. The Defendant should have complied by 07 May 2009.

 

6. On 21 May 2009, having received neither the data requested or any form of communication from the Defendant, the Claimant telephoned the Post Office in order to establish if the Postal Order had been banked. The Post Office advised it had been passed through the Defendant’s bank account on 18 May 2009. Having confirmed this, the Claimant sent a Letter Before Action (see CB1-005) to the Defendant. This pointed out the Defendant’s failure to comply with the Subject Access Request and advised that a Court order would be sought obliging the Defendant to comply if the data requested was not received within 7 days. The letter also advised that the Claimant was aware the original Subject Access Request had been received and that the Postal order had been cashed.

 

7 The Letter Before Action was sent using the Royal Mail’s Special Delivery mailing service (see CB1-006).

 

7a. The Royal Mail’s tracking service advised delivery had been made on 22 May 2009. The signed receipt was retrieved (see CB1-007).

 

8. The Claimant telephoned the Post Office on 01 June 2009 and asked for written confirmation of the encashment of the Postal Order. This was received 03 June 2009 (see CB1-00:cool:. The letter confirmed the earlier call on 21 May 2009, that the Postal Order had been banked on 18 May 2009.

 

9. On 11 June 2009, the Claimant filed for an order under Section 7 and Section 15 (2) of the Data Protection Act 1998.

 

 

etc, etc....

 

HTH

[citizenB]

TBH, I really dont know in your situation. In mine because I was making an application, I just printed up 3 copies of everything and ticked the box on the application form for the court to serve.

 

Are you doing this with a form N244 ? if so, then tick the box for the court to serve docs.

 

Remember at the end of your witness statement to include the "statement of Truth bit.. as follows:

 

 

STATEMENT OF TRUTH

I believe that the facts stated in this witness statement are true.

Signed ..................................................

Citizenb

Dated ..................................................

[citizenB]

Robin, wow, you have worked hard on this I see:)

 

I will ask a couple of people to look in and have a look, see if you have all the bits in the right place.

[citizenB]

When does this need to be in and do you know if this has to be accompanied by form N244 are you exempt from court fees do you know ?

[citizenB]

Robin, feedback is .. what you have posted so far is good.

 

Just waiting for some information in respect of the CPR Rules for set aside that you will need to include. BRB

[citizenB]

These were some of my earlier questions Citizenb as originally applied for set aside on N244 and wasn't sure if I needed to send this in with another N244 or whether it is just considwered as further evidence for set aside hearing. As hearing is 04/09 I want to send in asap as I want it to be considered at hearing and not other side saying they didn't have enough time to consider it (Can't find time limits for submitting WS).

 

Yes can get application with fee remission but prefer to pay then claim back as when first put in N244, despite getting court to say what I was sending in was adequate documentation they just returned it. Because 0f this prefer to pay and claim back later.

 

 

Aha.. right, well I think you will probably need to submt this on a N244

 

YOu can download the form, from

 

Her Majesty's Courts Service -Forms and Guidance

 

 

 

This is the CPR rules you need. kindly provided by Car2403 for you.

 

 

Cases where the court may set aside or vary judgment entered under Part 12

 

13.3

 

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

 

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

 

(ii) the defendant should be allowed to defend the claim.

 

 

 

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

 

Bolded the bits he needs to address

[citizenB]

Yes, of course, there is a statement that if the other side want to object etc, they have to do it 7 days prior to any hearing.. so methinks you are in good time for this.

 

If you are phoning the court tomorrow, make a list of questions you need answers to and see if they can advise and put your mind at rest.

[citizenB]

Excellent. I imagine you are happier now certain key areas have been confirmed.

[citizenB]

OK phoned court and they confirmed:

 

1. Application to set aside served by court on Claimants former sols as court had not been notified of a change of solicitor at that time, despite the date of notice of change of solicitor dated before date on notice of hearing to set aside.

2. Court agreed that new sols should have been provided with file or notes advising them of set aside hearing.

3. Court agreed that even though it wasn't necessary it would do no harm in me sending a copy of application to set aside and hearing date, but suggested that they should be referred to the court if they wanted any further details.

4. With regard to WS, court confirmed that I should just serve copy on claimant and send copy to court with a letter identifying application and hearing date.

 

So all OK at this time

 

I just noticed, they didnt even inform the court of a change of solicitor ?

[citizenB]

Hi all,

 

Coluln't resist posting this! Just checking through paperwork and think I discovered reason new sols weren't put on record straight away. They sent their notice to wrong address They sent it to Magistrates Court at different address to County Court.

 

 

That is a classic

[citizenB]

Hi Robin, crikey that came round quick. Good luck for today. Please let us know how you get on. I think you have prepared well so should be ok.

[citizenB]

Oh Robin, I am so sorry to hear this.

 

I am not sure what you can do.. I will ask around for you.

[citizenB]

Easy for me to say, but try and forget about it over the weekend. Look at it with fresh eyes in a couple of days.

 

I am sure someone will look in over the weekend and offer advice.

[citizenB]

I dont know how you go about appealing this. But will certainly try and find some help for you.

[citizenB]

Thanx Lilly makes sense. I understand that with this must give them the 40 days but then do I chase them or do I send then letter assuming that as they have not replied that they are unable to produce docs etc

 

 

If they havent complied with your SAR within 40 days +2 (calendar) then you will need to send them a Letter before Action. Either advising that you will make a complaint to the ICO or have a court order them to comply.

[citizenB]

the only person (s) I know who might be able to assist would be X20 or dad.. you could pm them with a link to your thread and ask if they could help:)