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

[RobinWayRobinme]

Just joined a nd new so excuse way ignorance. Long story but basically.

 

1. Credit card debt Cap 1

2. Correspondence out of blue from Robinson Way("RW") 01/2009.

3. Letter sent asking who they were 30/01/09 and what capacity they were writing to me. No reply.

4. Letter recd from RW saying home visit 01/02/09.

5. Claim form recd 20/03/09.

6. Was unable to deal with this in proper way as at time was caring for my mother who was later stages of cancer. (Lack of sleep for weeks, stressed and upset at what was happening with mother. She passed away 12/04/09/

7. Assumed this was cap 1 taking action so sent admission and req time to pay.

8. they ignorred this and went to default judgment.

9. Phoned who I thought was solicitors acting for them (Horwich Farrelly) pointed out what had happened. They confirmed they had request for time to pay and confirmed they ignorred it.

10. App to have judgment set aside as they had not followed court rules therefore Irregular Default Judgment.

11. After making above app. RW changed solicitors and obtained interim charging order.

12. Both app to set aside and charging order listed for same time.

 

Charging order was not expected and need some advice and guidance as what to do next. I believe that they have not acted fairly in the way they have dealt with this and feel that they have failed in many ways and that the Unfair Relationships Test applies.

 

Will expand further but need some help please.

[RobinWayRobinme]

Thanks for other links and threads. I will be looking at those. Can anyone give me any advice on getting default judgment set aside as they didnt follow court rules plus fact I didn't have any notice of assignment nor did I receive a default notice.

[RobinWayRobinme]

I have put in an application to set aside a default judgment. Have received date for hearing. However after looking through threads in cag I need to expand on my statement of case and evidence. Can some someone help me with the actusal process of expanding my statement of cas and evidence. ie

 

1. Can I just do it by letter or should it be more formal.

2. If more formal do I need to make an application to the court with a fee payable.

3. Are there time limits in doing this.

4. Since putting in an application to set aside, claimant Robinson Way, have applied for a charging order. Advice on how to deal with this is needed, or should I deal with this in another thread?

 

Help please.

[RobinWayRobinme]

Hi R&B

 

default judgment 05/2009. I believe I wrongly admitted claim & returned to sols asking time to pay. They ignorred this and just obtained default judgment.

 

Only admitted as not able to think straight at time as looking after mother with cancer who p[assed away within couple weeks of all this (emotional times and very little sleep)

 

Reason to set aside on app made on grounds claimant didn't follow CPR 14.10 and asked that it be set aside in accordance with cPR 13.2 or 13.3.

 

Since doing this I discovered CAG and have been looking through threads and believe I need to also show that I could have reasonably defended. I believe I could.

 

Hearing has been set and charging order set for same date and time.

 

More advice please as very confused with proceedures etc

 

Sorry, yes it is a CCA1974 account

[RobinWayRobinme]

Hi Robin,

 

Yes definately a Judgment in default. I have proof of posting and confirmation of receipt. Sols were Horwich Farrelly and I also phoned them after I recieved default judgment pointing out that they had not followed CPR's. They basically said that was tough and agreed that they had not dealt with request for time to pay.

 

Further thoughts appreciated as I believe that they have ignored throughoout proper procedures and rules.

[RobinWayRobinme]

request for CA sent last week according to CCA S78 enclosing £1 po. but requested informally first time Jan 09. First I heard from Roninson Way was end Dec 08. They didn't say who they ere or what capacity writing. Feel they have deliberately tried to mislead all along.

 

Could'nt get head round this properly until now dure to caring for mum with her cancer.

[RobinWayRobinme]

Hi R&B Your advice has been brilliant & I will look up how to do a Subject Access Request properly and look at other thread.

 

Still bit confused at correct way to present all this to court. Can the basis for setting aside be done by letter to court and claimant? and also is the fact claimant didn't follow CPR's and obtained what I've now found to be called an irregular default judgment be set aside because they did'nt follow CPR's

 

I really appreciate yr time. Thank you

[RobinWayRobinme]

Yes already submitted N244 with main reason for setting aside breach of CPR's on receipt of admission & req time to pay. however,since looking here think I need to expand on reason for originally putting in admission with req for time to pay and demonstrate that I think I could sucessfully defend.

 

Very messy and trying to turn back clock to defend this and that at time POC recd and app to set aside put in I was not able to deal with this properly in view of family problems stated earlier.

 

Just think that in interests of justice I should be able to deal with this.

 

Thanx for the links etc. Researching them as we speak.

[RobinWayRobinme]

sorry, yes 4 sep

[RobinWayRobinme]

great help R&B. wished I had found CAG earlier. Any other help from others greatly appreciated.

[RobinWayRobinme]

Hi supa

Yes seems lot to do. Still need an answer on question of being successful in getting judgmnet set aside as claimant ignorred fact that they had an admission and req for time to pay in time. All can be proven with proof of posting and delivery (also confirmed by sols)

 

Putting together Subject Access Request now and also CPR 31.14 for copy of CA (only doc mentioned in POC)

 

Help with advice on this needed at this time

[RobinWayRobinme]

Thanks for additional advice. Have been putting together 31.14 and sar to original creditor. Is my interpretation correct of 31.14 that I can only ask for a copy of the original CA as that is all they have relied upon in poc, or should I include request for other docs as well.

 

 just to clarify point on SAR. Am i correct that it should be sent to original creditor even though it appears debt may have been assigned?

[RobinWayRobinme]

Did send 31.14 yesterday and did ask for all docs you mentioned. Thought what the hell nothing to lose.

Its pretty confusing with POC as the events were as follows:

1. First contact from RobinWay end 12/08 to Occupier asking details of occupier etc as mail returned "Gone away" I ignorred this.

2. Mid 01/09 letter from RW headed formal demand due to "ROBINSON WAY EX CAPITAL ONE".

3. Letter to RW asking who they were and why writing to me and asked for a copy of credit agreement. They inorred this.

4. Letter from RW beginning 02/09. "Appointment for home visit" again money due to "ROBINSON WAY EX CAPITAL ONE".

5. Claim Form received. Calimant "ROBINSON WAY & CO LTD (ASSIGNEES OF EX R/O: CAPITAL ONE).

 

It goes on from there, but all through they have been deceitful and tried to mislead me. All at a time I was unable to deal with it as looking after my mother. But, no Notice of Assignment, Default notice or anything else received. Just as listed above.

 

Because of all this, despite my admission and request for time to pay, which they ignorred and went for default judgment hence not following CPR's, I believe that in accordance with S140A to 140C of CCA 1974 the "Unfair Relationships Test" applies.

 

any comments of this line or otherwise also greatly appreciated.

 

31.14 request posted as amended. Comments greatly appreciated

Re: ROBINSON WAY & COMPANY LTD v ROBINWAYROBINME

CPR 31.14 Request

 

I received the Claim Form issued on XX March 2009 in this case out of the XXXXX County Court with Judgment by Default on XXX May 2009. The proceedings were transferred to XXXXX County Court on XX June 2009.

 

I have applied to have judgment set aside as it is my intention to contest all of your claim.

 

Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the original document mentioned in your Particulars of Claim:

 

1. the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. the assignment.

 

3. the default notice.

 

4. the termination notice.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 14 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the original of the document I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Yours faithfully

[RobinWayRobinme]

Once again thanx very much for input:)

[RobinWayRobinme]

OK as this is so new to me really need some feedback on my application to set aside judgement.

 

to follow is my 1st draft. Is there anyone who can help with comments etc. as I don't want to shoot myself in foot by including something I shouldn't or missed something obvious.

 

.......

Dear Sir or Madam,

Respectfully, I wish to apply for a set-aside of the Judgment given in this case to the Claimant.

With regards to the Particulars of the Claim this is a brief summary of my defence.

The defendant denies that he is liable as alleged in the Particulars of Claim, or at all.

In respect of the alleged agreement it is denied that any such agreement was entered into by the Defendant and the Claimant is put to strict proof that such an agreement exists. In respect of the alleged agreement, a copy was requested under Section 78 of the Consumer Credit Act 1974 on 21 July 2009, and CPR 31.14 on 01 August 2009.

Should it be proved that such an agreement exists, it is denied that the claimant has the legal right to enforce that agreement and therefore is put to strict proof of their rights of ownership by way of Assignment and thereby requests that the court ask for production of the Deed of Assignment. A request for a copy of the Deed of Assignment was requested in accordance with CPR 31.14 on 01 August 2009.

The defendant denies that a valid Notice of Assignment was received and therefore puts the claimant to strict proof that one was issued in line with the Law of Property Act 1925.

The defendant denies that a default notice was received from the claimant and therefore the claimant is put to strict proof that one was issued and of the contents supposedly stated therein. A request for a copy of the default notice was requested in accordance with CPR 31.14 on 01 August 2009.

The defendant denies that a termination notice was received from the claimant and therefore the claimant is put to strict proof that one was issued. A request for a copy of the termination notice was requested in accordance with CPR 31.14 on 01 August 2009.

Not withstanding the above, should it be proved that such an agreement exists, the Defendant alleges that the Claimant has acted in an unfair way in accordance with Section 140A to 140C of the Consumer Credit Act 1974 Section 140A to 140C, as amended by the Consumer Credit Act 2006, and taking account of the Office of Fair Trading Guidelines published in May 2008, the Unfair Relationships Test applies, rendering the alleged agreement unenforceable. The Claimant is put to strict proof that they have acted fairly.

The defendant would aver that the claimant has been unfair according to the European Unions Directive 2005/29/EC “Unfair Commercial Practices Directive” which states:

a practice will be unfair if (a) it contravenes the requirements of professional diligence and (b) it materially distorts the economic behaviour of the average consumer with regard to the product.

“Professional diligence” is defined as “the standard of special skills and care which a trader may reasonably be expected to exercise towards consumers which is commensurate with either (a) honest market practice in the traders field of activity and/ or the general principle of good faith in the traders field of activity.”

Whilst the burden of proof of fairness rests with the Claimant, listed below is a summary of events to assist the court in concluding that there are reasonably grounds to suppose that the Claimant has acted unfairly in the relationship with the defendant:

1. The Claimant first contacted the Defendant by way of a letter dated 30 December 2008 (copy attached). They failed to properly identify themselves and in what capacity they were writing, deliberately trying to mislead the defendant into contacting the claimant by stating that post had been returned “gone away”. Post had not been returned “gone away”, it was just a ruse on their part and letter was ignored as they were not known to the defendant.

2. Second letter from Claimant dated 14 January 2009. Formal Demand for Payment (copy attached). Again they have failed to properly identify themselves or in what capacity they were writing as their letter clearly says they are debt collectors and they are collecting money due to “ROBINSON WAY EX CAPITAL ONE”.

3. The Defendant sent a letter to the Claimant dated 30 January 2009 (copy attached). The letter pointed out that (a) it was unclear who they were and in what capacity they wrote to me, (b) requested a copy of the Credit Agreement, © responded to their letter dated 30/12/2008, questioning the reason for it, and (d) asking who they were. The Claimant never replied to this letter.

4. Third letter received from Claimant dated 01 February 2009 stating “APPOINTMENT FOR HOME VISIT” (Copy attached). As before letter unclear as to their capacity as they state they are collecting money due to “ROBINSON WAY EX CAPITAL ONE”.

5. No further correspondence to or from the Claimant until Claim Form received dated 20 March 2009. The Claimant was stated as ROBINSON WAY & CO LTD (ASSIGNEES OF EX R/O: CAPITAL ONE).

6. The Defendant at this time, due to exceptional circumstances was unable to attend court to defend himself and reluctantly returned the admission requesting time to pay in accordance with CPR 14.9 (copy attached). If his personal circumstances would have been different at this time he would have taken advice and defended the Particulars of Claim. Proof of posting by first class recorded delivery attached and the Post Office online “track and trace” confirms delivery from Salford delivery office on 01 April 2009.

7. The exceptional circumstances making the defendant unable to attend court to defend himself were that he was totally drained both physically and mentally and had received very little sleep for many weeks causing him to lack the capacity to deal with this. For some considerable time, the defendant had been looking after his 2 young children (now 5 and 6 years), his wife who is suffering and continues to suffer from severe depression and has been assessed by the Department of Work and Pensions as being entitled to Disability Living Allowance with the carer’s element. Additionally, he was caring for his elderly and seriously ill parents. He cared for his father until he passed away 09 November 2008 and was caring for his mother throughout and in the final stages of a very nasty and aggressive cancer. From February 2009, his mother was unable to care for herself, was bed ridden and needed 24 hour care and attention. His mother remained at home with the defendant until she passed away 12 April 2009, with her funeral on 28 April 2009.

8. On receipt of the Default Judgment on 26 May 2009 the defendant telephoned who he believed was the claimant solicitors, Horwich Farrelly. He spoke to a person called Toni on extension 2553 (she refused to give her last name) who confirmed that they had received the request for time to pay but it was not acceptable. It was made clear by the defendant that he believed they had not acted in accordance with Court rules and she said that there was nothing they could do and that an application be made to set aside Judgment. The defendant asked that they agree to the default judgment being set aside so it could be dealt with without a hearing and save on costs and court time, but they declined.

9. The Claimant failed to follow CPR 14.10 by deliberately ignoring a request for time to pay and obtaining Judgment by Default on 26 May 2009. The Defendant believes this is an Irregular Default Judgment and should be set aside in accordance with CPR 13.2 or 13.3

10. The defendant believes the Claimant may have acted dishonestly in misrepresenting themselves as the solicitors acting on their behalf. In particular it is suspected that the above mentioned telephone call to Horwich Farrelly to telephone number stated on the claim form (0161 8334418), may have been that of the claimant and that the person the defendant spoke to may have been an employee of the Claimant, despite identifying herself otherwise. The defendants concerns have been raised with the Managing Partner of Horwich Farrelly.

11. When the defendant made the application to have judgment set aside the claimant de-instructed Horwich Farrelly and appointed new solicitors to immediately apply for a charging order.

12. The defendant believes that since December 2008, the Claimant may have acted dishonestly and have engaged in a business practice that is deceitful, oppressive, unfair and improper (whether unlawful or not).

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimants claim at trial.

Statement of Truth

I believe that the facts stated in this Statement are true comprising of XX pages plus .

Signed ………………………………………………….

Applicant

Dated xxx XXXX 2009

To the Court and

to the Claimant

[RobinWayRobinme]

Hi R&B

 

Take your point. Will look at other thread as well. Am I right with my thought process with the application to set aside in as much I need to give a good reason to set aside and show that I have a reasonable chance to defend POC.

 

Also looking further ahead any opinions on the doc posted which presumably would be my basis for a defense.

 

Just a bit confused at moment:confused: as thought I was beginning to understand proceedures in dealing with this and then maybe not. Guess many others are same as hearing in Sep is vitally important as they are trying to get a charging order.

[RobinWayRobinme]

Hi R&B

Yes foreign ground for me at hearing. However I presume that as I made application to set aside before interim charging order that my app will be heard first. I am worried that I don't know how much or how little I should include in my evidence to set aside. Advice on this is my main concern right now. I'm sure there will bo many others as time goes by!!

 

Looking at other thread now. It does seem relevant. Will continue reading it.

[RobinWayRobinme]

This is becoming a full time job, but absolutely necessary as so much at stake. Sill working through other thread and will check out ur other suggestions after.

 

Presume what you are suggesting is to have a template for my defence at the hearing and when I'm able to speak then work through that verbally. Is this correct.?

 

Appreciate other opinions as u suggest. How do I get those or do I wait until someone else picks up on my thread?

[RobinWayRobinme]

Thanx R&B your help has been invaluble. Going to take a bit of a break now as my brain seems to be going into meltdown.

 

Would appreciate it if you would keep an eye on my thread. Im sure I will have many more questions and requests for help along way. However just to make sure I am still on track, despite putting in N244 previously and having hearing date set, I should:

1. put together a statement of case and send to court and claimant as original evidence on N244 just limited to irregular default judgment.

2. that I have plenty of time to do this as hearing is beginning of sep.

 

This probably highlights brain in meltdown!!! but advice appreciated.

 

Hi all,

Just been reviewing some of paperwork. I've just noticed in the Application for Charging Order (N379) that the date the claimant received judgment is wrong. Accordingly the Interim Charging Order refers to an incorrect date that default judgment was obtained. Its only 2 days, but its still incorrect.

 

Advice needed as to its usefullness and if so how should I play it??

 

Had no feedback on my last post re wrong date for judgment put on application for charging order and actual order for interim charging order. Any help greatly appreciated.

[RobinWayRobinme]

Thanx CitizenB. I'm learning on the run here. Amazing how much I've learnt in such a short time:)

[RobinWayRobinme]

Still trying to find an answer to this one!! looked everywhere can't find it myself. Help needed please:(

[RobinWayRobinme]

Thanx again R&B.

I've taken on board all you have said before and feel that I still need to write to court re app to set aside (not a defense). I've been busy drafting it and will post it here when done. All feedback welcome when I post it.

 

Quick question. Seem "bump" in many threads. Im guessing its when someone is asking for other help. Am I right?

 

OK here goes. To follow is draft letter to court and claimant re hearing date for set aside. As previously stated, this is all new for me and trying to get it right first time. Comments greatly appreciated:

 

Dear Sir or Madam,

I would refer to my application for a set aside of the Judgment given in this case to the Claimant and am writing to expand further on my application. I appreciate that I will have an opportunity to do this at the hearing but I would like to bring the following to the courts attention at this stage to ensure sufficient time is allowed at the hearing.

 

I believe that since the claimant first contacted me they have acted in a business practice that has been deceitful, oppressive, unfair and improper, whether unlawful or not. To support this statement I show below the sequence of events for the entire time the Claimant has been known to me.

 

1. The Claimant sent a letter dated XX December 2008 addressed to “The Occupier” at my above address (Copy attached). This was the first time I had heard from this company. I had never heard of them before this nor had they ever written to my address before during the time I have lived here. They falsely stated in the letter that post had been returned “gone away”. Post had not been returned “gone away”, I now believe it was just a ruse on their part and I ignored the letter.

 

2. Second letter received from Claimant dated XX January 2009. This was addressed to me and was headed “FORMAL DEMAND FOR PAYMENT” (copy attached). They have failed to properly identify themselves or in what capacity they were writing to me as their letter clearly states they are debt collectors and they are collecting money due to “ROBINSON WAY EX CAPITAL ONE”.

 

3. I sent a letter to the Claimant dated XX January 2009 (copy attached). Basically, I pointed out that (a) it was unclear who they were and in what capacity they wrote to me, (b) requested a copy of a Credit Agreement, © responded to their letter dated XX/12/2008, questioning the reason for it, and (d) asking who they were. The Claimant never replied to this letter.

 

4. Third letter received from Claimant dated XX February 2009 stating “APPOINTMENT FOR HOME VISIT” (Copy attached). Again letter unclear who they were and in what capacity they were writing to me as again they state they are debt collectors collecting money due to “ROBINSON WAY EX CAPITAL ONE”.

 

5. There was no further correspondence to or from the Claimant until a Claim Form was received dated XX March 2009. The Claimant was stated as ROBINSON WAY & CO LTD (ASSIGNEES OF EX R/O: CAPITAL ONE).

 

6. At this time exceptional circumstances, as explained later, meant that I was unable to take advice or be able to attend court to defend myself, therefore I felt I had no choice and reluctantly returned the admission in accordance with CPR 14.4, requesting time to pay in accordance with CPR 14.9 (Copy attached). I have proof of posting by first class recorded delivery on 31 March 2009 and proof of delivery on 01 April 2009.

 

7. I then received a Default Judgment dated XX May 2009.

 

8. On XX May 2009 I telephoned the claimant solicitors, Horwich Farrelly. I spoke to a person called XXXX on extension XXXX (she refused to give her last name) and she confirmed that they had received the request for time to pay but the amount offered was not acceptable to them. I pointed out that I believed they had not acted in accordance with Court rules and she said that there was nothing they could do and suggested I applied to set aside Judgment. I requested that they agree to the default judgment being set aside so it could be dealt with without a hearing and save on costs and court time, but they declined.

 

9. Notice of hearing for set aside received dated 25 June 2009.

 

10. Claimant applied for and received an Interim Charging Order on 29 June 2009.

 

I would ask the court to agree with me in determining at the very least the claimant has acted unfairly.

 

I would also aver that the Claimant failed to deal with the admission in accordance with CPR 14.4, requesting time to pay in accordance with CPR 14.9 and that obtaining a Judgment for Claimant In Default is an Irregular Default Judgment as the Claimant failed to follow CPR 14.9 and 14.10 with the rate determined according to 14.11. I believe that this alone allows the court under CPR 13.2 or 13.3 to set aside judgment.

 

Further, the above events show that the Claimant failed to follow Pre-action Protocols as set out in Practice Directions – Pre Action Conduct.

 

Quite simply, if the claimant had acted with professional diligence and also followed pre-action protocols I would have been clear with what I was dealing with and would have asked for some time to deal with the exceptional circumstances, explained below, to allow me the opportunity to take advice and consider my defence.

 

The exceptional circumstances making it impossible at this time for me to make proper decisions, take advice or attend court to defend myself were that I was totally drained both physically and mentally and had received very little sleep for many weeks as I was caring for my mother in the later stages of a long and painful battle with cancer. From February 2009, my mother was unable to care for herself, was bed ridden and needed 24 hour care and attention. She remained at home with me until she passed away XX April 2009, with her funeral on XX April 2009. In addition to this for some considerable time I had been looking after my 2 young children (now 5 and 6 years), and my wife who is suffering and continues to suffer from severe depression requiring my care. Additionally, I was caring for my seriously ill father until he passed away XX November 2008.

 

With regards to the Particulars of the Claim, given the opportunity, I believe that I can successfully defend this action and give below a brief summary of my defence.

 

I deny that I am liable as alleged in the Particulars of Claim, or at all.

 

In respect of the alleged agreement it is denied that any such agreement was entered into by me and the Claimant is put to strict proof that such an agreement exists.

 

Should it be proved that such an agreement exists, it is denied that the claimant has the legal right to enforce that agreement and therefore is put to strict proof of their rights of ownership by way of Assignment.

 

I deny that a valid Notice of Assignment was received and therefore puts the claimant to strict proof that one was issued in line with the Law of Property Act 1925.

 

I deny that a default notice was received from the claimant and therefore the claimant is put to strict proof that one was issued and of the contents supposedly stated therein.

 

I deny that a termination notice was received from the claimant and therefore the claimant is put to strict proof that one was issued.

 

Should it be proved that such an agreement exists, it is claimed that the claimant has acted unfairly and therefore the claimant is put to strict proof that they have acted fairly.

 

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimants claim at trial.

 

Please note that I will respond to the application for a Charging Order later, but within time limits.

 

 

------ Spent long time doing this but understand it may need tweaking. I'm not proud just need continued guidance -------

[RobinWayRobinme]

Hi R&B

Thanx again for advice. Guess I'm trying to be a bit too open with other side at this time. OK an I right that despite what was originally put on my N244 for the set aside that I can add to it and elaborate to it at the hearing.

 

Would I be able to produce the copy letters referred to in my earlier posting as this was not included in part 10 of N244 nor was a statement that I felt I could successfully defend the POC.

 

Thanx MJ for joining in.I will look at your thread later. I'm sure we are all the same when it comes down to opinions on what to do. We are always worried that something so important can go badly wrong. Will let you know where your thread will help.

 

Finally thanx citizenb for getting the site team involved. Just hope I can learn more and help others in time.

 

Sorry R&B

Yes I did include DN/TN/NoA

[RobinWayRobinme]

Hi 42man & r&b

Just checked here quickly as I need to be out most of day but back this evening.

 

Advice on Witness statement would be gratefully appreciated and to its content. Any advice on timing is important to me (hearing date for set aside and making charging order final 04/09)

 

To clarify my situation further part 10 on N244 app to set aside was.

box ticked "the evidence set out below"

 

"Form N9A together with my letter dated XXXXXX was served on the claimant by first class recorded delivery on XXXXX. The claimant failed to deal with the matter in accordance with court rules and wrongly made an application for and obtained the default judgment. On XXXXX I telephoned Horwich Farrelly and it was confirmed by a lady called Toni on Ext XXXX (she refused to give her last name) that they did receive the documents served XXXXXX and that they had not been processed in accordance with court rules.

 

I asked that in order not to waste court time or incur unnecessary costs that they agree to the default judgment being set aside so it could be dealt with without a hearing. They declined. When asked if this could be resolved any other way they said no and I should apply for the default judgment to be set aside.

 

Evidence attached. Copy of N94A and letter dated XXXXXX. Copy of proof of posting by first class recorded delivery.

I would ask the court not to allow any enforcement of the judgment until after the hearing takes place to set aside the default judgment"

 

Hi R&B and 42man

Any further opinions on witness statement. Look forward to hearing back.

[RobinWayRobinme]

Hi R&B

Do take that on board, but is there any time limits on WS's and are there any templates around so I can start putting one together.

Yes, I have diarised for 31.14 to chase. Again, any templates for chasing.

I also sent a S78 CCA rewuest for copy of credit agreement to RW and time limit is now up. Should I not pursue this now in view of 31.14 or should I chace this as well:confused: