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Set Aside a Judgement in Default

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Firstly: hi all....this forum has been a useful tool in the past and many thanks to those that have posted useful information here.

 

However...

 

I have an issue with a debt from Lombard Vehicle Management and not need some advice on what to do. I received a 'Judgement for Claimant (in default) notice this morning asking me to pay £6k to Blakemores solicitors who are acting on behalf of Lombard.

 

I wish to apply to set-aside this judgement for the following reasons:

 

The debt relates to car I financed through Lombard which they took back but have never told me exactly what I owed after this. I was in the process of going through their complaint procedure but it all went quiet in 2008 and they never answered my questions or returned property to me that was in the car when they conned my wife into handing over the keys whilst I was out WITH their knowledge.

 

 

 

 

  1. I have not received any correspondence to do with this debt since November 2008 and have never received anything from any court. I have moved twice since then but both times I put a lengthy redirect on my mail.
  2. I do not agree with the amount they are claiming
  3. I do not have any money to pay them back
  4. Their handling of the situation has been appalling and at no time have they attempted to resolve the situation in an affordable manner. I haven't even had a DCA chase me.

I suppose what I am asking for is how to fill in the form N244 and how I should approach the court. Following this how do I sort out the debt and come to a solution that is fair and I can afford to pay.

 

Thanks and please ask me questions to fill the many blanks I am sure there are.

 

Best wishes and hello to all once again.

 

Mark

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Thanks for that: will apply for set-aside. Hopefully it will be succesful and then I can fight the amount they are trying to get.

 

After reading through stuff on this forum it seems that the repossession may have been dodgy as well.

 

What really annoys me is that I know I owe them some money but if they won't talk to you how do you resolve it? Guess they will have to now!

 

Thanks again,

 

Mark

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I have a few questions relating to the set-aside process.

 

I intend to ask for the judgement to be set-aside because:

 

  1. I never received the court papers
  2. Although there will be a debt to pay I do not agree with the amount asked for (I think around 2k, they have asked for 6k)

What evidence should I attach? Firstly I think I need to prove why I did not receive the papers. This would be because I have moved twice since the company failed to respond to my correspondence. Each time I moved I placed a re-direct on my mail; the first time for six-months and the second time for three months. No letters were received at anytime during since Nov' 2008.

 

Second: do I need to provide evidence of the problems I have had with this company? These relate to why the amount is wrong; the way they repossessed a car without my direct consent, and the calculation used to arrive at the figure allegedly owed.

 

I suppose what I would like to do is to get into a position where I can roll back the CCJ and re-enter into negotiations with the company: something I was doing when they ceased contact.

 

Any help/advice much appreciated.

 

Thanks,

 

Mark

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Hi,

 

First an update on what happened.

 

I went to court in an effort to get the judgement set-aside. Despite the judge agreeing that there was a good case to set-aside in terms of the way Blakemores had tried to trace me there seems to be some new ‘law’ that says all they have to do is act in good faith. So, despite them having my email address and mobile phone number, a letter to an old address was acceptable. The judge did discuss setting aside but he felt it was better for me to make an offer to pay. He reduced the costs being asked for which helped a little but I have now ended up with a debt of just over £6k.

 

The problem now is that Blakemores refuse to accept an offer of £10pm based on my current financial situation and are now threatening enforcement action.

 

My first question is: what exactly is enforcement action? Can I expect bailiffs turning up to take my TV away? I do not have goods to the value of the debt and everything in my house belongs to myself and my wife jointly and my young son who lives here. I do not own my own home and have no assets as such.

 

Second question is, what do I do now? I have two debts, the one here and one with Santander for £8k. I am still waiting for a response from Santander about how to proceed.

 

All I want to do is to put all this behind me, set up and DD and forget about it until I go back to work. The court case has left a bad taste in my mouth mainly because the judge assured me I would get a reasonable response from Blakemores.

 

Any help/advice appreciated.

 

Thanks,

 

Mark

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Hi

 

Unfortunate turn of events for you but think you may also now need to work quickly before any enforcement action starts. At your hearing did you not ask to be able to pay in instalments. If not then you need to submit a Form N245 and apply for a Variation - you have to supply I & E and the other side can object, but a Judge will only make you pay what you can afford.

 

Enforcement

If the debt was regulated by the Consumer Credit Act then it can still be dealt with by the County Court Bailiff - if not then it has to be transferred up to the High Court for enforcement and High Court Enforcement Officer fees are extortionate but can still be challenged.

 

They may decide upon a Charging Order if you own your own home, they could summons you before a Judge to explain your assets or income, conversely you can also put your other debts on "show" with this. You may unfortunately have to wait and see which route they go - it will pay you to try for a Variation as described above first.

 

PT


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Hi PT,

 

At the hearing I discussed my situation with the judge. Both my wife and I are full-time students re-traing to become teachers with no other income excpet the usual student-finance, child tax-credits etc... He felt that Blakemores would be helpfull in finding a solution, it seems he was very wrong. The set-aside mainly focused on the judge and their solicitor arguing over a point of law to do with whether they had made enough efforts to trace me; the judge felt they hadn't but was tied by a recent change in law.

 

I will have a look at form N245 and try for the variation thanks. I guess I will get some form of notice before enforcement action can take place?

 

Thanks,

 

Mark

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hello jamcoops,do you have any more information about this new law as i have a set-aside hearing coming up next tuesday. sorry to hear yours didn,t go the way you wanted

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Not really; the solicitor acting on behalf of Blakemores just pointed out that sending a letter to an address I had lived at was sufficient to prove that they had tried to serve me with papers. The judge didn't like it but had to agree because of some new directive/law change. Although he did say he could ignore it! He didn't set-aside mine becuase he felt that even if I could prove some of the points I wanted to introduce he thought that the costs would escalate. Same old story really: if you can afford legal help you have a much better chance of succeeding; if you can't then those who can win!

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looks like i could be wasting my time next week, will update my thread and see if any body has anything more, thanks for the reply

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Best of luck and I hope you have a better outcome than I did.....

 

Mark

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Although you may be able to claim Set Aside for a variety of reasons, you have to remember that this just sets the clock back to the initial stage. If you still owe the debt then you you will still more than likely end up with another CCJ. In my view your defence should also have provision for some form of payment either in whole, part or by instalments - unless of course you do not owe at all.

 

PT


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