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set aside application just submitted

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Hi guys,first a very big thank you for all the help and advice on here ,everybody has to do his best to keep this site alive.

I've had headaches from dca letters,threatening etc..which i could ignore....asking me to pay a debt that i have'nt finished..anyway..it's got a bit serious.i've called the county court..they said i have a ccj against me some years ago...right...after some advice i decided to set it aside as it was served on an old address ,no paper received etc....a couple of days ago i went to the court and submitted the n244 form with a hefty £75...pain...got my receipt and was told a letter will be in the post to confirm everything.Then i asked the clerk to give a copy of the court judgement.she got a file out...guess what...no ccj paper there at all.she said it's only on the system,no paper for it.....so nothing to print out...weird.!!!!!

can you please advice me what steps should i take now.i've sent the dca a cca request and no sign of it so far,it is 20 days passed.i'm sending them another letter to remind them of my right to have a cca etcccc..plus a subject access request....any comments or advice would help .thanks

Edited by fedupofthisdebt

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Thread moved to Legal Issues.


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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The court must have something to print out for you fedup, or how do you (or anybody else) prove it's existence?

 

Re. the DCA, I don't think they need to produce a CCA under S77/78 once there is a CCJ in place although they would be stupid if they have eliminated it from their files (assuming of course that they had one in the first place ;)) as how are they going to form a case if you get your set aside? The SAR is probably your best route for now. Did you ask for a copy of the judgment with it?

 

If you get the set aside, you can ask the DJ for directions on disclosure or use CPR31.14.

 

Have you been paying the amounts ordered by the court under the CCJ? If not, have they not applied for a WOE/AOE at any time?


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I'd concentrate on getting the CCJ set aside first before worrying about CPR 31.14.

 

As you've asked, CPR 31.14 relates to Documents referred to in a Statement of Case

 

A party may inspect a document mentioned in –

 

(a) a statement of case (including Particulars of Claim) ;

 

(b) a witness statement;

 

© a witness summary; or

 

(d) an affidavit.

 

An example of such a request letter can be found here -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/236323-mbna-virgin-restons-court.html?highlight=31.14#post2620291


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hi guys'

I had my hearing at the county court,i was worried like hell.Well all i wanted was to set aside the ccj and start fighting them...anyway time of my hearing the bank rep or solicitor didn't turn up....???only me and the judge..asked my name etc....was meant to see the proof of my addresses..to prove that iwas not served the paper before ccj issued...anyway he didn't..all he said 'i will set aside the judgement' and because the claimant was not present,i woould need to apply or get a statement of truth from them....is all this normal?when the claimant is absent,does it mean it's in the defendant's favour etc......

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Hi guys,first a very big thank you for all the help and advice on here ,everybody has to do his best to keep this site alive.

I've had headaches from dca letters,threatening etc..which i could ignore....asking me to pay a debt that i have'nt finished..anyway..it's got a bit serious.i've called the county court..they said i have a ccj against me some years ago...right...after some advice i decided to set it aside as it was served on an old address ,no paper received etc....a couple of days ago i went to the court and submitted the n244 form with a hefty £75...pain...got my receipt and was told a letter will be in the post to confirm everything.Then i asked the clerk to give a copy of the court judgement.she got a file out...guess what...no ccj paper there at all.she said it's only on the system,no paper for it.....so nothing to print out...weird.!!!!!

can you please advice me what steps should i take now.i've sent the dca a cca request and no sign of it so far,it is 20 days passed.i'm sending them another letter to remind them of my right to have a cca etcccc..plus a subject access request....any comments or advice would help .thanks

Hi guys'

I had my hearing at the county courtlink3.gif,i was worried like hell.Well all i wanted was to set asidelink3.gif the ccj and start fighting them...anyway time of my hearing the bank rep or solicitor didn't turn up....???only me and the judge..asked my name etc....was meant to see the proof of my addresses..to prove that iwas not served the paper before ccj issued...anyway he didn't..all he said 'i will set asidelink3.gif the judgement' and because the claimant was not present,i woould need to apply or get a statement of truth from them....is all this normal?when the claimant is absent,does it mean it's in the defendant's favour etc......

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Well done on getting the Set Aside.

 

You should receive a letter from the Court in a few days confirming this.

 

Enjoy your evening :D


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

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You can make a donation

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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