help going to lose my home. dca

[AndyOrch]

the judge did say it has taken to long, for the set aside, the proof is not the issue its the time to respond unless i have a very good reason, Wrong

 

question , why did i have a judgement by default in bradford

Because you didnt have chance to defend and therefore was never transfered to your local CC ?

 

 

Regards

 

Andy

Edited May 11, 2010 by Andyorch

[blackbear101]

thank for now , got to go to work. i will log on to night to see if there is a update

[wish me well]

Ok just because this particular judge thinks it to long ago, you want to set aside due to the facts that, pick from below:

 

 

The county court rules set out when you can apply to set aside a judgment. For example:

• an order was made against you in your absence, in certain circumstances;
  
• there may be an error in the judgment; I WOULD SUGGEST THIS POSS
  
• you want to put in a defence and did not have the opportunity to do this;
  
• the proceedings did not follow the court rules.THIS ONE DEFFO!!
  

The time limit for this is:

 

I dont know, I will try and find out but if anyone else knows, give us a heads up

 

 

If I remember right, you did defend but you were bamboozelled by the lack of rules being followed and you were under the impression that the first action was to discover whether or not the account in question was infact yours.

 

Further details need to be added and alot needs to be read up on if you choose this route but as always there will be plenty of caggers here to help

 

oooh if I have helped, can you tip mine too (scales that is)

[The Mould]

Well what can I say blackbear,

 

This is what I can say, now there is a 3 month window, lets get that CCJ Set Aside, then start all over again, this time we will challenge the claimant every step of the way and they will fall.

 

Kind Regards

 

The Mould

[wish me well]

Well what can I say blackbear,

 

This is what I can say, now there is a 3 month window, lets get that CCJ Set Aside, then start all over again, this time we will challenge the claimant every step of the way and they will fall.

 

Kind Regards

 

The Mould

 

Yes the Mould is so right and the people of this forum that are not out to rip the backside off the average joe will help you.

 

I am one of them and I will try my best to assist.

 

There are two types of people who post on this forum, those that want to line their own pockets in one way or another and help the creditor win then there are good honest people that have not chosen to default or not pay but because of circumstance have to fight against all the odds and are trying to fight the evil rulers that goven.

 

Kindest wishes

 

WMW

Edited May 11, 2010 by wish me well

[MARTIN3030]

These comments give grave cause for concern.

Whilst they are being looked into,it would not be appropriate to comment further,please do not post further until these things have been looked at.

 

Thanks for co-operation.

[cymruambyth]

I'm sorry to read all these vitriolic postings against pt. He has been very helpful to many posters on this site. His legal knowledge is bonus for us all. He has to work and cannot be on the site to defend himself. If he did suggest someone, it was not to line his own pocket but because he could see that blackbear was in a very difficult position and needed expert help which he was unable to find.

All the site team are volunteers and help around their own commitments, do not expect instant replies.

I am grateful to pt and everyone else who helps on this elf help site.

It does not benefit anyone to start casting aspersions.

[wish me well]

Could I just ask why my posts were cagbotted, in the last post it refered to nothing more than what site rules are in the first instance??

 

Sorry to ask but.

[MARTIN3030]

Yes I am sure most are aware of the rules.

It would not be right or fair to continue with this discussion until these allegations and comments are looked into-I am sure thats self explan.

So again,please allow the process.

[wish me well]

sorry was typing when that message got posted

 

Heard and understood.

 

wmw

[pt2537]

To set aside the CCJ is it an N244 application to the court?

 

Is there any time limits for a CCJ set aside?

 

I will try and find out for you blackbear and I'll come back with the info incase you choose to go down this route.

 

kindest wishes

 

WMW

 

Yes a N244 is required

 

It is unlikely that the court will entertain an application to set aside the judgment outside of 30 days in normal terms

 

See Regency Rolls v Carnell

 

If the agreement is defective however, then a counterclaim can be brought even if there is a possession order, you can bring such a counterlcaim on the basis of the Court of Appeal Judgment of Southern District Finance vs Turner

 

As for the assignment issues, i had a conference today with leading counsel who has been in the Court of Appeal and House of Lords on some of the leading Consumer Credit cases which we all refer to.

 

I asked his view on the assignment

 

his comments

 

1> notice must be in writing

 

2> it matters not who sends it as long as it is sent

 

I asked "does it matter if it is sent via normal post if the debtor has recieved a document which tells him his account has been assigned"?

 

The reply was, that it matters not, the fact that document has reached its destination means that it has been served and the requirements of the 1925 act have been complied with.

 

I asked would the assignment be invalid

 

The reply was, it would stand and the Claimant would on the balance of probabilities have Locus Standi in the matter to proceed on its own without the assignor, as notice has been given

 

My opinion personally, is it may be possible to have the judgment set aside on the grounds of legibility, it would require a detailed witness statement from yourself, the application notice, and a draft order giving directions for trial after the judgment is set aside

 

We have Carey v HSBC which assists us as the High Court made it plain that the charging order was enforcement and the Claimant cannot enforce if he is in breach of s78(1)

 

 

you could throw in a counterclaim if the court is not minded to set aside on the basis of Turner as an alternate approach, say you could provide two draft orders one for the setaside and one for the counterclaim and give the judge the option

 

I have done this before on a Carcraft agreement where there was a CCJ and charging order so it is possible

 

i may even be able to dig out the case and the judgment and the application i used BUT i cannot breach client confidentiality so i will need to remove some of the info.

 

 

This case has legs, it can be won, but i just think that the strongest points need concentrating on

 

now you can take my advice, or you can leave it, after some of the comments made, most people wouldnt even give the time of day to this thread, however, i merely wish to try and point to the best route available

Edited May 11, 2010 by pt2537
added info

[pt2537]

ok,

 

To set aside judgment,

 

Form N244 is required, you will need the fee of £75.00

 

You will need a draft order

 

I would suggest the following terms

 

IN THE XXXXXXXX COUNTY COURT Claim No:

 

 

 

BETWEEN:

 

 

[ ]

Claimant

and

[ ]

Defendant

draft/ORDER

UPON reading the Defendant’s application notice dated […] and the witness statements of [ ]

 

AND UPON hearing Counsel for the Claimant and the Defendant in person

 

 

IT IS ORDERED THAT:

 

1. The Judgment dated xxxx is hereby set-aside

 

 

2.The Charge entered on xxxx is hereby vacated and the entry at the land registry be removed.

 

 

3. The Claimant shall file and serve an amended particulars of claim by 4pm on xxxx 2010

 

4. The Defendant shall file and serve an amended defence by 4 pm on xxxxxxxx 2010

 

5. The Claimant thereafter has leave to file a reply to defence.

 

6. Costs in the case.

 

 

The format of a draft order is set out on here on many threads, i would suggest the time frames should be 14 days ideally

 

On the N244, in Box 3

An order (a draft of which is attached) that the judgment dated [insert date of order] be set aside because the judgment was entered in error of a High Court authority and the Claimant was in breach of its obligations pursuant to s78 Consumer Credit Act 1974 and therefore Defendant has a real prospect of successfully defending the claim and the court may set the order for default judgment aside pursuant to r.13.3(1)(a) CPR.

 

 

4 tick yes

5 at a hearing

6 time estimate 1 hour

not agreed with all parties so tick no

7 leave blank

8 District Judge

9 Claimant

10 tick witness statement

 

Ok, so thats the N244 and the draft order

 

all you need is a witness statement,

 

So do you want to have a go at drafting your witness statement Blackbear?

[Delfi101]

Aren't you going to charge for that PT? :D:D

 

I'll get me coat ...

 

D

[pt2537]

Aren't you going to charge for that PT? :D:D

 

I'll get me coat ...

 

D

LMFAO

[blackbear101]

hi, pt2537 is right in what he is saying. the set aside has way gone. the judge said 3 week at the most, unless you got strong ground, not so much in the proof by why its taken 2 years

[blackbear101]

pt2537 the judge and the dca said they had a judgement by default in bradford. yet i thought i was in court in wrexham for the ccj, does this mean i have 2 ccj, can you explain please

[pt2537]

pt2537 the judge and the dca said they had a judgement by default in bradford. yet i thought i was in court in wrexham for the ccj, does this mean i have 2 ccj, can you explain please

Well,

 

If the default judgment was granted in bradford, it is possible that the matter was transferred to your local court for the charging order and enforcement actions

[blackbear101]

that is what i thought, but i went to my court for a ccj where i put a poor defence about wrong account numbers, then had a charge order because i had to pay forthwith, charge order done automaticly, then went to court to try and stop the final charge order, never looked at my defence, now yesterday order for sale, yet the judge and the dca rep said they had a judgement by default in bradford but the judge did not why, the dca rep said that is where our offices where, so is it possible there could be 2 ccj on one account.

just thinking , way before the ccj i tried to make payment, i give the dca my account number, there was no such accout, give them the new account number there was one but, this account was not reg to my name or address or post code,could not make any payments, never had letters from bradford. thats why i am thinking i have got 2 ccj.

Edited May 12, 2010 by blackbear101

[pt2537]

that is what i thought, but i went to my court for a ccj where i put a poor defence about wrong account numbers, then had a charge order because i had to pay forthwith, charge order done automaticly, then went to court to try and stop the final charge order, never looked at my defence, now yesterday order for sale, yet the judge and the dca rep said they had a judgement by default in bradford but the judge did not why, the dca rep said that is where our offices where, so is it possible there could be 2 ccj on one account.

unlikely, infact, no they cant have 2 judgments for the same matter, that would be procedurally improper

[blackbear101]

do you think i should ring bradford court or am i wasting my time, also pm me about cost ect if you are interested on what you said on page 236 thanks

[pt2537]

do you think i should ring bradford court or am i wasting my time, also pm me about cost ect if you are interested on what you said on page 236 thanks

you can give Bradford a call

 

I will try and assist you on the thread, i think that is the best way forward

[blackbear101]

why cant you do it,because if i go to court i dont know what i am saying

Edited May 12, 2010 by blackbear101

[Paults]

Come on Pinkies, Blackbear 101 needs help.

[wish me well]

Come on Pinkies, Blackbear 101 needs help.

 

 

I will try and see if The Mould can assist. PT is doing a cracking job though!

 

WMW

[pt2537]

Come on Pinkies, Blackbear 101 needs help.

please see above , you will see that i have outlined the draft application:rolleyes: