Major Help needed with Cabot and CCJ**WON** Case dismissed

[gazhodge1981]

Ok i think I have it ready or close to.

1. I have the defence.

2. Chronology - list of events since he got the judgment.

3. Judgment for Claimant in default.

4. Case details from Bulk center.

5. Notice of hearing.

6. CRP 18 letter for information with proof of postage and signed for.

7. copies for the Judge and Cabot.

I think that is all I need unless someone can think of anything else :o

Also do i need to take what they sent me of the CRP request?? to show the judge?

[Spamalot]

Hi Gaz,

 

Also do i need to take what they sent me of the CRP request?? to show the judge?

 

There's no harm in taking it but don't offer unless asked. The defence by rights should be enough and if the set aside is awarded ok your dad should ask the judge to give directions that all the stuff he asked for under CPR and hasn't yet received should be produced.... ESPECIALLY the deed of assignment for both alleged agreements!.

 

Also just have a brief note of the reasons why the Set aside is being requested.

 

Spam.

[gazhodge1981]

Hi Spam,

 

thanks for the help and advise again

I will make sure that he asks for directions to all the stuff they haven't supplied and the very important deed of assignment.

As for reasons :-

1. No paperwork received.

2. with no paperwork was unable to file a defence.

I could also add no paperwork received from Cabot (CRP) now and claiming the wrong amount as it includes unfair charges

[Spamalot]

I'm guessing you put the set aside application quoting CPR 13.3...

 

Reasons being... Claim form not served... good chance of successful defence.

 

At the hearing.. the judge will have all this but hopefully you will have a copy of your original application... don't worry if not...

 

Basically your dad just has to say he's requesting a set aside of the default judgement under CPR 13.3 as the Papers were not served and he was not given an opportunity to defend himself. He also believes that he has a good chance of successfuly defending the claim.

 

The judge may then ask him what his defence is and away you go.....

 

Spam.

[gazhodge1981]

I didnt quote CPR 13.3 on the application.

It was more basic with quoting no paperwork and not being able to file a defence because of no paperwork.

Dam

[Spamalot]

Don't worry... just make a point of getting it in if you can or if the judge asks...

 

Just have a little sheet of paper for your dad with that basic info on so that if the judge asks why are you asking for this set aside he can mention it. As an LIP they can't expect him to know everything and of course he's been doing a lot of research since he applied.

 

Have you contacted the court about going in as a McKenzie friend?

[gazhodge1981]

my heart sank for a minute then :o

I will write it all down for him,

I have spoken to the court who have told me to put it in writing to them but they said it shouldn't be a problem as it will be in the judges chambers as it is only a hearing, so am on my way there in around an hour.

[Spamalot]

Ok.. I'm sure it'll be fine..

 

Any more questions just post them up... I've gotta go to work now so if you don't get replies from anyone else I'll be back later and have a look.

 

Spam.

[gazhodge1981]

Thanks Spam

[gazhodge1981]

The directions I have so far:-

• I have made a request by letter CPR 18 Letter for information to Cabot financial and Morgan solicitors.

• So far to date Cabot financial and Morgan Solicitors have failed to provide and prove that any of these documents exist.

• I ask the court to order Cabot Financial and Morgan Solicitors to produce and prove that they hold such documents.

• I also ask the court that the deed of assignment for both alleged agreements be produced and proven that they hold such documents.

• I also ask the court to order Cabot financial and Morgan Solicitors that all proof of postage that they hold be produced and proven.

If i have missed anything please add to the list.

[Spamalot]

Hi Gaz,

 

Hope you got on ok at the court earlier..

 

I think that if Cabot turn up to oppose the set aside the focus will be on whether or not your dad received the Letter before Action, Claim Form etc. therefore it would be up to your dad to put them to strict proof that the papers were delivered by asking for production of receipts of recorded/special delivery and a signature to say he had received them...

 

If they don't turn up and the hearing goes unopposed then it should be reasonably plain sailing.

 

The next thing is to give a copy of the defence to Judge and once he/she has had a look and asked questions hopefully the set aside will be granted..then ask him/her to request disclosure in his/her directions of the documents that you've listed above..

 

Until you get in there it's difficult to know how the hearing will go and what route it will take. It could be over and done with in a flash, set aside granted, or it could be more involved with lots of questions.. the best thing is be prepared for anything... go in wearing belt and braces and you won't be caught with your trousers down.

 

Spam.

Edited September 14, 2009 by Spamalot

[gazhodge1981]

I got on ok at the court, Wasn't told yes or no but was told the judge had the final say on whether I would be aloud to help.

It will be interesting to see if Cabot turn up on the day

The funny thing about them asking them to product the proof that the LBA was sent, is they cant as to date he has never had one

[gazhodge1981]

Ok I have changed the Directions a little to include some of the about:-

• I have made a request by letter CPR 18 Letter for information to Cabot financial and Morgan solicitors.

• So far to date Cabot financial and Morgan Solicitors have failed to provide and put under strict proof that any of these documents exist.

• I ask the court to order Cabot Financial and Morgan Solicitors to produce and put under strict proof that they hold such documents.

• I also ask the court that the deed of assignment for both alleged agreements be produced and put under strict proof that they hold such documents.

• I also ask the court to order Cabot financial and Morgan Solicitors be put under Strict proof that all paperwork sent was delivered by asking for production of receipts of recorded/special delivery and a signature to say they have been received.

I think that covers the directions but again if anyone wants to add anything

As for questions they might ask, I will get together a list of Q&A that will keep him on track to put them under strict proof of producing documents and proving they sent letters i.e. LBA

[Spamalot]

Looks Ok to me Gaz..

 

You may find that the Judge asks you what you need produced or you may have to wait for a window of opportunity to instigate it. Either way Cabot probably haven't got it anyway..

 

Just make sure that if the judge asks your dad 'Do you owe the money' your dad says 'NO'

 

 

Spam.

[gazhodge1981]

I will make sure

Going into a court and saying you owe the money is such a bad move

 

With what Argos sent they cant have most of the paperwork as Argos didn't have most of the paperwork.

[gazhodge1981]

just one question I have is what does CPR stand for on the letter sent :o

[BeauBrummie]

just one question I have is what does CPR stand for on the letter sent :o

 

Civil Procedure Rules

 

It is how our justice system is supposed to work;)

 

Google it and you will see!!

 

Beau

[Spamalot]

Hi Gaz..

 

Here's a link..

 

CPR - Rules and Directions - Ministry of Justice

 

As Beau says, these are the rules we are supposed to abide by... sometimes DCA's etc don't..

 

Spam.

[Spamalot]

Hi Gaz,

 

Just sending my best wishes and good luck for tomorrows hearing ... Hope it all goes well and your dad is ok.

 

Spam.

[gazhodge1981]

Hi Spam,

Thanks for your wishes, Will report back what happens:)

 

With a bit of luck the judge will see they are trying to pull the wool over there eyes and give the ruling to set aside

[gazhodge1981]

Ok just one more thing

I have been looking at the CRP sections 6.9, 13.2 and 13.3 that the judgment should not be set aside because he didnt get the paperwork Cabot seem to be trying to go down that road in the witness statement they sent in the paperwork, as they mention them 3 sections in the statement.

I am a bit worried that he gets there and the judge says that he cant use no paperwork as an excuse and rules for them, without looking at the defence of CRP

i am just worried if it goes that way, is there anything I can do to to make he looks at the defence???

[bazaar]

cpr 6.9 is only for the service of claim, they must have obtained a certificate of service to get a default judgement. Did they? Is there any mention of it?

If not thats a reason to set aside.

Next, the court will allow a set aside if you have a good prospect of defending the claim. ( CPR12 ). Have you posted up ( typed ) their WS? to see if theres any other bits to pull apart?

[Spamalot]

Hi Gaz,

 

If your dad was going to use 'no paperwork' as the only reason and he had no defence then the judge would likely say no to the set aside.

 

But he is saying he has not been sent any paperwork, therefore he had no opportunity to submit a defence and he has a very good chance of defending the claim successfully... it will be up to the judge but there shouldn't be a problem... if it doesn't go your way, make sure you have leave to appeal his decision because in my opinion it would be a very uninformed judge who would decide aginst your dad in this case.

 

As soon as you get in the room just make sure your dad has everything to hand to give to the judge if he/she asks and the relevant CPR relating to your request/application.... oh and make sure your mobiles switched off..

 

Very best of luck again,

 

 

 

Spam.

Edited September 16, 2009 by Spamalot

[gazhodge1981]

Thanks Spam bazaar.

 

I think i just had a moment at 3AM that they may try and bulldoze him in the court and the judge not give him a fair chance,

 

Will let you all know later how he gets on

[Spamalot]

What time is his hearing Gaz?