judgement against a dca set aside

[charley2212]

i have a disputed account with hsbc since last year , i put it in the hands of the fos , but hsbc put a dca on the case . so i replied to there letters telling them i charge for my research and replies , they kept writing etc so i sent them a final demand for my r&r letters and issued a mcol .for £225 worded the claim form ok etc

any how i by mis stake entered online on the request judgement form i think sec B where is state s

THE DEFENDANT ADMITS THAT ALL THE MONEY IS OWED i ticked online by accident,

any way i eventually get a letter asking if i did it by accident etc to which i redone the form twice and sent one via recorded and one normal post ,

and apologised for my error .

and eventually i was awarded judgement , and the case was transfered to their local court birmingham for enforcement

i then receive a application notice for it to be set aside . i got this 2 days before the hearing , so i contacted the court and was told to submit my reasons for being against this via e mail to which i did

there reason for wishing for the set aside was that they have real prospects of defending my case , and never had the opportunity of defending the case /

my reasons i stated that i accidently filled in the form online wrong and that they did have enough time to defend in the first place their sol a DG ha did call NCCBC to inform of the original mistake .

today i got this from birmingham

upon hearing the rep for the defendant

IT IS ORDERED THAT

1 ?JUDGEMENT SET ASIDE

2 THE CLAIMANT FILE AND SERVE ON THE DEFENDANT AND THE COURT AMENDED PARTICULARS OF CLAIM DISCLOSING THE COURSE OF ACTION BY MARCH 3RD (i received today in the post sent yest )

3 IN DEFAULT OF AMENDED POC BEING FILED AND SERVED THE CLAIM SHALL BE STRUCK OUT

4 IN THE EVENT THAT THE CLAIMANT FILES AMENDED POC THEN THE DEFENDANT SHALL FILE AND SERVE ON THE CLAIMANT AND THE COURT A DEFENCE BY MARCH 17TH

5 THE CLAIMANT PAY THE DEFENDANTS COSTS ASSESSED IN THE SUM OF £105. 75

ok so i do realise ive stirred up a hornets nest with the dca who have put dg solicitors on the case but i would dearly love to shove it back in thier faces so any help would be good if possible please

[charley2212]

ok so i need to fill in a n244 as well as a n1 with the amended poc , can i change it by much or all inc claim amount i have since written several more r&r letters back so need to up the claim amount .

fee for this ? £30

also n271 for a transfer of proceedings to my court or should i wait for the allocation questionaire , i believe there is a bit covered in that for a transfer ?

i just knew that because its this particular dca home court it would be dare i say bias because they use this one a lot i guess

[charley2212]

bump

[postggj]

Evening All

 

Can I See Your Last Poc

[charley2212]

hello postggi , thanks for the reply ok word for word because as you know your only allowed a certain amount

MY CLAIM IS FOR RESEARCH AND REPLY LETTERS TO MCS AS PER THEIR REQUEST DATED 5TH OF OCTOBER INVITING SAID RESEARCH AND REPLY LETTERS.

MY REPLY DETAILED MY COSTS AND W/END COSTS THAT ARE DOUBLE.

THAT THEY ARE ALSO IN DIRECT CONTRADICTION OF THE OFFICE OF FAIR TRADING S GUIDELINES TO WHICH THEY PRESCRIBE TO IN THE GRANTING OF SAID LICENCE TO MCS, AND THAT THEIR REPLY OF THE 5TH OCTOBER RE-ENFORCED BY WAY OF AN APOLOGY, ALSO THEY CONTINUED TO INVITE FURTHER RESEARCH AND REPLY LETTERS BY ME FROM THEIR LETTERS OF 23SEPT 5TH OCT 16TH OCT 5TH NOV 16TH OF NOVEMBER RESPECTIVELY.

MY FINAL DEMANDS OF THE 5TH OCT 20 TH OCT AND 13TH OF NOV HAVE NOT BEEN PAID.

 

obv bec my account was and still is in dispute ref hsbc it was and still is with the fos , so they in no way should attempt collection if i am right , and my first reply to them stated my costs for my letters ,

i have whilst at work drafted a fresh poc , well 2 diff versions short and long . any help postggi would be most gratefull

sorry i never replied yest as was in bed for early shift today

[charley2212]

I PUT A COPY OF THE BIRM ACKNOWLEDGEMENT OF TRANSFER FOR ENFORCEMENT http://i707.photobucket.com/albums/ww74/charley22123/img062.jpg

[charley2212]

Ok have done amended poc and re sent via overnight delivery , be there for 1pm tom , re done the N1 , was informed by bcc no further fee applies but did copy the original online claim form as well as a covering letter

 

done a application notice also etc sent three copies of all and sent a copy to mcs

[charley2212]

i know that the amount i am claiming is not life changing but ref a dca chasing you while your accounts in dispute is .

for them to think they can opperate outside of all the rules and regs etc and if the same company did try and get a dca on the case whilslt my accounts are in a clear dispute , a number of times with a number of dca s it all adds up to a lot of letter writing.

if i manage to win against this lot i will have a further 7 to chase . and chase i will

although i am sure being mcs s local cc they find fault or deliver papers a day before a reply is needed as thay seem to keep doing , so i scan all envelopes and copy and send these to the court also ,to cover ones bottom .

i feel like i am jumping through hoops

Edited March 2, 2010 by charley2212