Has the SLC actually ever taken anyone to court?

[MARTIN3030]

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[bambiissimon]

My wife spoke to the Court Manager today about the application to have the judgement set aside:

 

The Court Manager said that everyone has the right to apply for a judgement be set aside, which is what CCM has done. At the time of making this application, no reason has to be given.

 

A District Judge will now hear this application, when CCM must present their reasons, and the Judge decide whether to remove the judgement.

 

If the Judge does set the judgement aside, CCM must then file a defence to the claim. (I.e. setting judgement aside does not mean 'losing' the claim; it means the claim has to be heard.)

 

I hope this makes sense.

 

 

I have found a couple of useful links related to this:

• National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court
  
• Debt Factsheets - How to set aside a Judgment in the County Court
  

I hope this makes sense to everyone.

[noomill060]

Yes, if setaside is given, the case just goes back a step.

[Huff&Puff]

Be aware that your wife's name is in post #4, you might ant to edit that as well.

 

Good luck with it all, this should be an interesting one

[JonCris]

If you don't live near Reading Court you can object to the transfer as it places too great a burden on you a LiP whereas they being a firm can appoint a local agent/firm to act for them

 

A point I would make is that they will often claim non-delivery in order to frustrate a summar judgment I would advise that in future anyone who doesn't receive a response to their claim should at every opportunity make every effort to bring the oppositions attention to it

 

In addition if they claim the protection of CPR13 remind them it's been revoked & delivery to the last known address will suffice for the court to be able to assume delivery

Edited January 21, 2010 by JonCris

[bambiissimon]

Thanks JonCris - as it happens, Reading is our local County Court. (I'm not sure what "protection of CPR13" means - perhaps you would explain?)

 

We have received a copy of the reasons why CCM have requested the judgement be set aside - they claim not to have received either the claim or the judgement (they only discovered this had happened when one of their clients informed them they had a CCJ against them!) and they have a reasonable chance of defending the case.

 

We also have a copy of (probably a summary of) their defence. I don't want to go into detail but centres on them claiming they have never received any correspondance from us and therefore their only recourse was continued contact by telephone.

 

We do, of course, have all the evidence we need to show we have written to them - including an email receipt from them when we sent a message via their 'contact us' page on their Website! I have also double-checked the address used for our Claim and it is the one published by them online - I shall print out that page and show it in Court.

[kurvaface]

\This is very interesting. Nice work bambiissimon.

 

Subbing.

[TenPencePiece]

Is it legal for the SLC to contact members of my family trying to get my contact details? I know they have my Dad's details from when I applied for the Student Loan. But they have called my brother today who has also got a Student Loan with them and they caught him off guard on his mobile and asked for my address and phone number (which, if they were not so incompetent they would of course already have received direct from myself in writing notifying them of change of address)

 

Surely I should be protected by the Data Protection Act from them going round a list of people with the same surname as me and then discussing my personal details and situation etc. I feel violated to be honest.

 

Now he wants to know what to do if/when they call back. I am thinking a letter directly from me to them along similar lines of what Bambi wrote at the beginning of this thread should suffice. What do you think?

[Doc Jag]

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No link showing for me, can anyone advise where the rest of this thread is? I'm VERY interested to know the outcome as I have a similar experience!!