Urgent Help Required

[SCC]

URGENT HELP

Looking for some help with regards a John Lewis credit card.

History is as follows:

1/4/09 - sent John Lewis CCA request

8or 9/4/09 - received a Default Notice dated 7/4/09

16/4/09 - responded to Default Notice advising account in dispute - CCA request.

20/4/09 - send second letter advising account in dispute due to CCA request not being fulfilled.

24.04.09 - received letter (dated 21.04.09) from John Lewis from Central Complaints Department re my letter of 16th April 2009.

23.04.09 - received CCA documents.

05.05.09 - Sent letter advising not all CCA requirements met - documents pre-contractual application form etc

13.05.09 - received letter advising John Lewis has met their obligations. Letter also advised that my request for charges and interest would be provided by relevant department - still outstanding.

No further correspondence received.

John Lewis have now obtained a CCJ without us receiving any notification - no LBA.

John Lewis are now applying for a charging order on our property.

Account balance on 21/4/09 - £8128.35

Judgement amount 29/7/09 - £10331.22

WHAT DO WE DO NOW?????

Copy of application form attached.

scan0004.pdf

[Spamalot]

Hi there,

 

Probably the way to go now is to apply for the judgement to be set aside.

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

Initial information is in the above link.

 

Spam.

[SCC]

Thanks Spamalot

 

Can you advise what we would use as our defense?

 

Thanks

SCC

[Spamalot]

Hi SCC,

 

Well the first part of your defence is that there doesn't appear to be an enforceable agreement... as you say the posted document is just an application form...

 

As to the rest... you will have to post up the default notices, termination notices etc to see if they're valid and also the POC if you have it.

 

If you don't have a POC, which is unlikely if you didn't receive the claim form... then contact the court which issued the CCJ and ask if they can send you a copy....

 

Once we have that then we can pick each part of the claim apart and sort out the rest of the defence..

 

Spam.

[SCC]

Thanks Spamalot

 

Can you advise what a POC is?

Thanks

SCC

[Spamalot]

Yes sorry,

 

A Particulars of Claim.. It's the document that states who the claimant is and what they are claiming.

 

If the Judgement is from the Northampton County Court Bulk centre then they will probably send it to you free of charge within a couple of days.

 

Just ring them and give them the claim number... they're very helpful.

 

Spam.

[SCC]

Spam

 

Thanks. Sorry to be so slow on the up take but new to this process.

 

I will have to get my husband to call the court tomorrow as the claim was made against him and I'm guessing that they will say 'data protection' if I call.

I have a copy of the Judgement notification and the charging order if that helps.

SCC

[Spamalot]

Spam

 

Thanks. Sorry to be so slow on the up take but new to this process. Don't worry... you should see my first thread when it started...

 

I will have to get my husband to call the court tomorrow as the claim was made against him and I'm guessing that they will say 'data protection' if I call.

I have a copy of the Judgement notification and the charging order if that helps.

SCC

 

The Particulars of Claim is the really important document here as you need to know EXACTLY what they are claiming, Who is making the claim and why..

 

Once you have got that we can steam ahead.. if you can post up the default notice and termination notice if you have one we can also see if they're valid.

 

Do you happen to know if there were any unlawful charges on the account? Late payment charges etc..

 

Spam.

[SCC]

Default notice attached.

 

No termination notice received.

 

I will have to go through the statements to find out. I do see that they are charging £12.00 which I think is for reversed direct debit payment. They are also charging a lot of interest.

 

Thanks again

SCC

scan0008.pdf

Edited September 23, 2009 by SCC

[Spamalot]

Hi,

 

The default notice seems to scrape in within the 14 days for remedy timeframe by the skin of it's teeth but as there are 2 bank holidays in the middle of the dates they would need to prove that you got it by or on 11th April (SAT) or the next day for post would be Tues 14th.

 

You say that you contacted them regarding the default... do you have a date for the letter you wrote to them? Because if you wrote before 14th you may have trouble defending that point..

 

BUT, if there are any unlawful charges on the account it would render the notice invalid due to incorrect figures..

 

Spam.

[SCC]

Our response to the default notice was dated the 16th April 2009.

 

It seems that the £12.00 is a late payment admin charge.

Will look at the statements that I can find for unlawful charges.

 

Thanks

SCC

[Spamalot]

Our response to the default notice was dated the 16th April 2009.

 

Thats good, you would have to put them to strict proof as to when and how the notice was served to ensure you had the full 14 days to comply or the notice could be rendered invalid...

 

Have you done a Subject Access Request to get all the data they hold on you?.. or should I say your husband...

 

Spam.

[SCC]

Attached please find POC.

I have had a look through the accounts and the additional charges seem to have been since we stopped paying the account. Not exactly sure how much they are though.

Please advise what we should put in our defence.

Will put together a SAR and post tomorrow.

 

Any help most appreciated.

 

Thanks

SCC

Edited September 21, 2009 by SCC

[Sunshine54]

Hi SCC

 

I think that your card number appears on the Default Notice in post 9

best regards

S

[Spamalot]

Hi there,

 

The POC you have posted is really extremely vague and you should be able to submit a decent 'embarrased' defence due to lack of information.

 

For heavens sake it says... a contract on or about... Loan? Credit Card? Ticket to the moon??

 

First things first, we need to find out more with regards to how the judgement came about..

 

You say you did not receive a Letter before action...

 

Did you receive a claim form or was the whole thing rushed through the court without your knowledge?

 

Spam.

[SCC]

The whole thing was rushed through the court without our knowledge. We were waiting for John Lewis to send us advise that they were taking us to court but heard nothing until the judgement arrived.

[Spamalot]

Ok,

 

With that information the judgement should be reasonably simple to set aside.

 

You can download the forms from the HMCS website..

Her Majesty's Courts Service -Forms and Guidance

 

You can fill them in on line but they can't be saved so you need to print it immediately.

 

Failing that you can just print the blank form off and fill it in manually.

 

There is guidance on the debtline link above about how to fill the form in and exemption from fees etc.

 

The fee for a set aside at the moment is £75.

 

If you need help filling it in let me know..

 

Spam.

[mkb]

The case number is also showing in post 9

[SCC]

What do we include as the defence in the docs to the court?

 

SCC

[Spamalot]

Ok,

 

You are applying for a set aside under CPR 13.3. Because you did not receive a claim form and you were not given the opportunity to submit a defence.

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part13.htm

 

You believe you have a good chance of successfully defending the claim and would like the courts permission to do so.

 

I will try and help you with the 'defence side a bit later.

 

Spam.

[SCC]

Thanks, that would be great.

 

SCC

[Spamalot]

Hi Scc,

 

I was going to try and sort out your defence for your application but you seem to have removed your POC..

 

Could you post it up again so I can copy it out.

 

Thanks, Spam.

[SCC]

Apologies, POC attached.

Thanks again

SCC

scan0006.pdf

[Spamalot]

Hi SCC,

 

This is a rough guide to your defence for the set aside application.. you may wish to alter bits but the POC is so vague there's not much to answer..

 

Hope it's ok... give me a shout if you need any more help.

 

Spam.

SCC set aside application.doc

[SCC]

Many thanks Spamalot.

 

SCC