help to set aside ccj/enforced charging order!!!!

[iseo94]

hi all

can anyone help me with this please

took a loan out with northern rock april 2005, life turned upside down due to marriage break up etc.. missed about 4 payments on loan, january 2006 made an arrangement with NR to pay instalments(just under original amt) within 10. 2 days after arrangement letter arrives Formal Demand,Pay amount outstanding or we want the lot. phoned them & they said account on hold, following day another Formal Demand arrives. I started to make instalments and letters started to arrive saying yes we see you are making payments but we are starting litigation & your payments will be deducted from amt demand etc.. april 2006 claim for full amount. admitted loan not interest.Letter from eversheds sept, application Notice, no prospect of defending case CPR 24. i agreed that i owed the loan but not the interest, 10 year loan,(why should i pay for 10 years credit if i dont have benefit of 10 years to pay?)i was involved with payplan at the time & said i wanted the matter to be sorted through them. my husband was out of work and we was late with 1st payment by 10 days, eversheds said we were given a chance & blew it.The case was allocated to fastrack for march 2007, but a date for a hearing came for december, not knowing my a*** from my elbow, i trotted off to court confident that i had been paying instalments, eversheds were bullying me, i had played the game & british justice would prevail! (not to mention my son had just been sent to afghanistan with the armed forces & i was in mental shutdown!) CCJ agreed, judge says go away you owe the money! I said i've been paying, can i carrying on with payments coz i dont have that money, he said thats for you two to decide, he said it will be noted.notice of judgement arrives, no note of payments noted!thought no more ot it(a lot more things to think about, like will he come home & if so in 1 piece!).

3 years & £6000 in payments later an application for an interim c/o comes through. I found this site & started to read, read and read. date for comes to sign seal and deliver c/o comes & i toddle off with a defence (including cases referred to,and evidence, everything! i was adamant i was going to defend myself this time!) for myself (yes i messed up big time!)the judge looked at me like i was a dummy & said what is this? he more or less said you're a bit late with this 1! he said you could apply for set aside. Great! not! i left my defence with eversheds and with court. had a great defence, no default notice, lots of jiggery pokery on fax application, everything!oh why did i not find this site sooner!anyway, in defence i gave a list of court papers received because there was confusion there too, case sent to fastrack, then court in december, then notce in may to say fastrack not attended by either party so to be setaside.(raised this with judge, if shugged shoulders & said it must have been a clerical error & so what, "you were there in December")what could i say? (i know what i wanted to say, but i didn't want to be sent to a cell or whatever happens when you swear at a judge!!!)

So, very long story short (sorry for the epic read!)what grounds do i use for set aside, bearing in mind court & eversheds have my statement. like i say i have read threads & i can only see no default notice. can anyone offer any help please, dont want to fire off again in wrong direction & shoot myself in foot again, please.

by the way the judge and the rep from evers***s rep chin's hit the desk when i asked the judge if i could just say that i have paid off £6000 to date, then he recovered himself & said "good, but cheque uncleared funds" ,i said "no, instalments over 3 years cash" he said "uncleared funds", i said "i've never stopped paying" he repeated uncleared and snapped his book shut. Another thing, i sent a 32.14 to eversheds to disclosure of info,& they just sent me court bundle again. no up to date statement.so the judgement has been registered for an amount back in 2006, like i've never paid a dime!surely to god there has got to be something i can do.I know i can apply to have terms varied for no enforcement of sale untill the children leave home but i want to lift this ccj & order completely, i just dont trust NR.

Please , please can someone help?

[iOiO]

Dont know whether you've already read it but there is a really good guide on Charging Orders including a section on Set-Asides here http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

[iseo94]

thanks ioio

yey, i had a look this morning. i dont know why i didnt look when i was researching which course to take. i thought i could go for broke and take a full defence & the judge would say "hey this is all wrong NR, tell NR to go get a life and say right back to square one, ccj gone"

completely got it ar** upwards.

i think i can go for a set aside but really want a legal bod or someone with experience using a lack of default notice for a set aside's opinion.

thanks for the link, appreciate your input:)

[iseo94]

Bump

[lilly white]

well i have look at this

 

Start at the beginning

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/202167-help-n244-form-please.html

[iseo94]

Thanks lilly White

have read through it all once,need to reread I think!

First thoughts are set aside because of no default notice.

Any more thoughts anyone?

I

[lilly white]

yes you are correct you need to fully understansd

 

The question is do you have grounds and what are the grounds.

 

There is a tread in regards to defaults have a look there.

 

In regards to chargings orders it ii my undertanding that you can distute the debt as you go,

 

So what is this base on, well if they are looking for a charging order on a contract that was terminated on a dogy default notice i dont think so.

 

Just my veiws but i think you get the drift.

 

Go back to the tread,read the court case the answer are there

Edited August 14, 2009 by lilly white

[iseo94]

Ok thanks lilly White

[iseo94]

Have received a letter from eversheds,reply to 32.14(1 sent 1/07/09,1sent 29/07/09,1sent 4/08/09)"we have sent you soca in support of claim"judge was satisfied n you heard it!it's all been made final!

Now how do I get them to reveal their hand.I need to apply for set aside,grounds being no default notice.do I send in the n244?but if I get called in again without the info I need,it'll be thrown out again.or do I apply to court for set aside and enforcment againgst eversheds for not producing docs(32.14)at the same time?or should I send 32.14 to northern rock(do I need to send £1?)?

No one has revealed the original DN,no one has produced a true copy of agreement,noone has produced statement to date.this has got to be thrown out,I just need a judge to listen & read the paperwork?

How does this system work? Am bashing my head againgst the wall!

Any ideas,please?

[iseo94]

so, am i right in thinking that i must use declaratory relief in my n244 as my original judgement was made in 2006, even though i've just been to court last week to defend a c/o?

if thats the case does the unenfociable cca and lack of DN, to set aside, go on the same form (n244) as declaratory or is there another form to have all considered at same time? (does that make sense, head spinning!)

[42man]

You could possibly use the Limitations Act I think section 32c for a set aside...so for example had you known about things like excessive charges, missold PPI you would have fought it then.....

[lilly white]

please have you sar the oc.

 

 

Lilly

[iseo94]

thank you 42man,i'll read up on limitations act.i didn't have ppi but NR did apply 2 lots of £30 in the very begining.i dont know what they've added since because Eversheds will not send a statement.

lilly, sorry ,what is an oc? if it's NR, no i've just been communicating with eversheds.

i'll send off a cca request with £1 po tomorrow to NR.i'll also send them an sar with £10 chq and see what comes back.

i've been reading through the forum again and am so worried about where this whole thing is going.

(i keep forgeting to refresh my page, so new posts dont show, what a wally!)

thank you both for your input:) off to bed,goodnight

[lilly white]

sar to NR THEY MUST GIVE ALL DETAILS THEY HAVE ON YOU.

 

So ask for CCA,statments look in liberary there will letters however insure that you ask for all that they may have on you

[iseo94]

I'll get that done first thing this morning,thanks lilly

[iseo94]

ok, little one off to cousins and we start again.

just reading through "help with n244 form "thread again, and have some food for thought whilst waiting for sar docs from NR.

the original claim form, in particulars of claim states account regulated by CCA 1974 and "a Default Notice has been served in accordance with Section 87 of the Act and has not been complied with. No true DN has been produced.i know they could cook one up and one could come back in docs, by their letters sent at and around the time they say a DN was sent, they contradict themselves ie DN will be sent, DN has been sent etc(as stated in post 1)

just wondering, where to consentrate my reading DN or unenforceable cca, or is it one and same thing?

how can they relate their claim to something they have never proven exists? (apart from a photocopy of a template letter)

[r&b]

hi iseo,

on a procedural issue, u may wish to look into the fact that u have made an admission of the debt (if i have read u correctly). i have just had 2 cases thrown out (double shot from barristers) on the basis that there are no grounds in the CPR for setting aside a judgment other than in default scenario (CPR13).

i am currently trying to establish the correct method to have judgment removed when other than default.

the best i can muster at the present time is to appeal the judgment (after removal of admission if this applies) in a separate action, but the whys and wherefors of this course of action im afraid, are scarce at the present time.

i would just add a note of caution of using the set aside route if ur judgment is not a default one.

[iseo94]

ok thanks r&b, can you point me in right direction to read up on removal of admission?

[r&b]

when i can afford the required barrister i will let u know.

ive started a thread here that i hope will get some comment from those who know such matters:

http://www.consumeractiongroup.co.uk/forum/legal-issues/213560-procedure-challenging-non-default.html

[DT&FE]

Folks

 

We could also use your hepl and guidance. I'll keep it brief around 2000 took out a loan with Clydesdale for £3400, moved with work in 2001, wife could not get another job, fell behind etc. and in 2003 a CCJ was issued on behalf of Clydesdale, I never went to the court and received no notice at the time that it was proceeding only received the final papers, stating I now owed £9255.05 !! Tried to put some arguments forward, after the CCJ, to Clydesdales solicitors but to no avail and started monthly payments, which I stuck to (and even increased over time). Jan 2008 receive letter from solicitors to say make no more payments to them as the debt had been sold. Reviced a letter in Aug 2008 from MARLIN FINANCIAL SERVICES stating they were looking after the account and demanding around £36000, contacted them and questioned the amount was prepared to continue with the now £60 a month, they siad they would speak to thier clients (Pheonix Recoveries (UK) Ltd) and get back to use. Nothing happened, until 19th July 2009 when we received court papers for an interim charging order hearing on 18/09/09. Banged in a SAR (now I'm more knowledgable about these things! Received a letter from solicitors representing Marlin (Mortimer Clarke Solicitors) on 13/08/09 stating that the Final amount applied for will now be £7,265.05.

today received some of the documents requested, a log from the solicitors has an entry stating "Received email from NAB today stating the actual balance that should have been assigned to Marlin should have been £5,632.46" (this is the fourth figure they have supplied me with they were as follows: 1) £36989.75 2) 9255.05

3) 7265.05 4) 5,632.46

Then it goes on to say that "due to the age of the account, they were unable to supply a copy of the original agreement"

 

Is it worthwhile me asking the Judge to review the original case? It was issued by 'default' because no defence was submitted. Also statements of the account show that every payment I have made has been ADDED to the balance not deducted from it. Another strange thing is the account trranscript has things like CAB repayment agreement made (I never went to CAB), and debtor works offshore (I've never worked offshore in my life!!!) as entries. The payment record shows that prior to the original CCJ £1444.65 interest was applied on this occassion they have added another £429.

 

None of the letters supplied are original or on headed paper, one one document is a copy of an original and that is a letter from the court stating "Your application dated XXXXX has been placed before the District Judge who directs that your application to substitute a new claiment is dismissed as it fails to comply with the requirements of CPR 19.4.4 & supporting practise direction 19PD.2). What does this mean?

 

HELP!!!!!!

[iseo94]

ok, i'll keep an eye on the thread

thank you

[iseo94]

sorry dt&fe

i think you need to start a new thread for this.

you can subscribe to this one and comment on your one as to how you can use it for yourself, and other caggers will advise just for you,otherwise things get very mixed up.

[lilly white]

On 22nd January 2001 the defendant issued a notice by which she sought permission to counterclaim for a declaration as to the enforceability of the original loan agreement on the grounds that it had not been properly executed in accordance with the requirements of sections 60 to 65 of the Consumer Credit Act 1974Acts ("the 1974 Act") and the regulations made thereunder. She also sought to re-open the loan as an extortionate credit bargain pursuant to section 139 of the 1974 Act. At the same time she sought an order that the original possession order dated 21st May 1993 should be set aside.

 

Do you have a copy of the CCA;

[lilly white]

142.

Power to declare rights of parties.

— (1) Where under any provision of this Act a thing can be done by a creditor or owner on an enforcement order only, and either—

(a)

the court dismisses (except on technical grounds only) an application for an enforcement order, or

 

(b)

where no such application has been made or such an application has been dismissed on technical grounds only, an interested party applies to the court for a declaration under this subsection,

 

 

the court may if it thinks just make a declaration that the creditor or owner is not entitled to do that thing, and thereafter no application for an enforcement order in respect of it shall be entertained.

 

(2) Where—

(a)

a regulated agreement or linked transaction is cancelled under section 69(1), or becomes subject to section 69(2), or

 

(b)

a regulated agreement is terminated under section 91,

 

 

and an interested party applies to the court for a declaration under this subsection, the court may make a declaration to that effect.

 

 

Show attributes for all versions

(Show all versions to navigate)

[iseo94]

yes, eversheds have produced a fax copy of agreement from 2006 (many times) 2 separate sheets, 1 is the supposed front and 1 is meant to be t & c's. i have an original unexecuted (unsigned)agreement.the t&c's are not the same.