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

[iseo94]

so is 142 saying i can exercise my right to have the unenforceable cca and non existant DN addressed, even though judgement has been made and out of time to appeal?(and apply for permission to counterclaim for declaratory relief, just as turner did?)

r& b did you use this?

42man or anyone, can you point me in the direction of limitations act 32c, have looked about & seems to be a lot of limitations act?

thanks

[iseo94]

limitations act 1980 32©

"the action is for relief from the consequences of a mistake;"

so, could i use the 2 lots of £30(plus anything else that comes back in sar request, sent today recorded)as excessive charges & not knowing that a true DN should have been produced at court as it was sited in particulars of claim?

or was it the mistake of the judge for not asking to see the DN?(or would that put the judge's back up?)

[lilly white]

well what turner did was to bring a declaration as to the enforceability of the original loan agreement on the grounds that it had not been properly executed ,

With all of these things you need to understand so go back to the case and read it now.

HOPE THIS DOES HELP

KIND REGARDS LILLY

[r&b]

so is 142 saying i can exercise my right to have the unenforceable cca and non existant DN addressed, even though judgement has been made and out of time to appeal?(and apply for permission to counterclaim for declaratory relief, just as turner did?)

r& b did you use this?

42man or anyone, can you point me in the direction of limitations act 32c, have looked about & seems to be a lot of limitations act?

thanks

 

hi iseo,

yes i put fwd all of the usual points. i had an application form with no prescribed terms for one and a hastily hand written CA without my signature for the other. DJ basically said if the cases had been defended originally they were in trouble.

i lost both on a point of law, that being how i brought the case to court. under the CPR set aside could not be used for judgments under admission. that is the note of caution im bringing to ur attention. on the counter note, others have had success using set aside where the other side were clearly also unaware of this, but i thought u shud be aware as it has cost me many hours and almost two thousand pounds (with costs) to get nowhere.

threads are below if you wish to see how i went about it:

1. http://consumeractiongroup.com/forum/legal-issues/180864-finding-faulty-cca-agreements.html

2. http://consumeractiongroup.com/forum/legal-issues/182436-mint-cca-enforcable.html

[iseo94]

thanks r&b, really appreciate you taking the time to clarify for me, and no, i wouldn't want to leave loose ends hanging around for eversheds to use againgst me.

looking at your thread procedure on challenging non default judgments, robcag's unclean hands looks interesting.

[iseo94]

lilly i have reread case and cannot see why it didn't work for r&b.

surely

under cpr 14(d,f&g)prejudice/prospectsof success/interests of justice

under cpr 20 permission to apply for declaratory relief/ agreement unenforceable

and under limitations act 32c-"the action is for relief from the consequences of a mistake;" no DN, unenforceable agreement

there's got to be enough weight to start afresh?

[iseo94]

oh, forgot to mention unclean hands bit, too!

[iseo94]

after reading southern district finance v turner again, i'm seeing that the appeal judge ordered that she pay the claimants costs because of the way her defence was put forward in the beginning("with no request for an application for an extension of time correctly")

so am i right in thinking it would be best to apply for an extention of time, too?

[iseo94]

Hi all

have finally received docs from NR for SAR (a week late)

They have sent the photocopy of the ca, it doesn't have the document number in the bottom right hand corner like the one submitted by eversheds in court.Numerous computor printouts of account activity and notes written about me.curiously the screen grab produced by eversheds, and referred to in their bundle re the default notice, fd02 (as they refered to it) is not present.Eversheds said that a DF had been sent out on a date and referred to the screen grab as evidence, and produced a template copy of a DN used by NR, to illustrate what an fd02 was. On the computor printouts I have received the same screen grab (page) does not show the fd02's. in fact my printouts show that a DN was sent on another day, 2 months later.so it looks as though NR have fiddled with the computor printouts sent to eversheds for the court case. on my printouts they also admit that they know i am not living at the address they have got before they sent out a DN.

i have sent a reply today to NR asking for they original CA with terms & conditions on same sheet and a true copy of the original DN, otherwise they are in breach of CCa 1974 s87(1) and have given them 7 days.

if nothing comes back i will go for the set aside as discussed earlier in this thread but i am not having much luck in the courts so should i make a complaint to the banking ombudsman(although i know they are snowed under at the mo)or trading standards or some other body?

ps does anyone know what cacs means, apparantly my case has been passed to that department!!!