Hearing Scheduled to have ccj set aside.....

[bushtuckerkid]

Hi Guy's,

 

Havent been on here for a while.

 

I have an ongoing saga with Cabot over some old agreements, read here for background:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/178315-help-cabot.html

 

Well, i have received a notice from my local court that i have a hearing on Wednesday morning to have the ccj set aside.

Basically i was hoping for some help/info/guidence as to what i should expect, what to take with me and how i should set out my argument?

Thanks in advance,

 

BTK

[Seminole]

What is the basis of your application for set aside.

 

Briefly looked through your original thread. Have you established that you are actually the person they got a CCJ against and whether you have any connection to the property that Cabot claim to have a charging order against?

[bushtuckerkid]

Hi,

Its a bit of a long story!

They had a CCJ entered against me in June 2007 by default. Even though they had my current address at the time, they had everything issued against me in an old address . I knew nothing about it until late 2009. At which point i applied to have the judgment set aside. This was granted and i was informed by my local court that all was sorted.Then in June 2010 i received a letter to say the judgment had been re entered by default against me as i didnt reply to the claim pack? I contacted the court and guess what... even though i had provided the court with my current address they too sent everything to an old address. So i applied to have it set aside again and now it is a hearing on Wednesday.

My basic argument is that the paperwork and info received from Cabot has been wrong, and they have been unable to produce a credit agreement of any kind, let alone an enforceable agreement.

As for the charging order, Cabot claimed to have one against a property i owned 10 years ago and have not lived there since 2002 when it was sold. They also claimed the original creditor was a Barclayloan, when it was actually a Citi credit card!

 

Any ideas?

 

Thanks

 

BTK

[bushtuckerkid]

Bump.

 

Sorry guy's. Any help or suggestions?

Less than 48hrs to go!

 

Thanks,

 

BTK

[sillygirl1]

Tell the court that you didn't own the property the charging order was against, if you have any evidence of the date of sale etc provide it as evidence - you can get this from the Land Registry site - don't forget to include the fee for this search in with your costs....

[Seminole]

It seems to me that this should be a fairly easy set aside provided that you gave your correct address at the time of the original set aside and you complied with any directions from that the court gave at the time.

 

I may be wrong about this but I woul have thought that it was Cabot or their solicitors that have screwed up here. They would have to have applied for the new CCJ and I think they got the address wrong. I doubt they did this deliberately as I don't think the judge will be very impressed in having this matter come before the courts again.

 

You should take all the paperwork you have along with you and especially anything to do with the original set aside. Make sure that you apply for your costs in having to attend the hearing.

[bushtuckerkid]

Hi and thanks for replies.

As for paperwork regarding the previous address i dont have anything now as it was a long time ago and with an ex partner.

With regards to the original set aside i received nothing either. I had to call the court to see what was going on and was told over the phone it was set aside.

The next thing i heard was in Early June this year when i received a call from Eurodebt saying i had a judgment entered against me and that they could help!

I then received a copy of the judgment in default from the court dated the 11th June 2010. Obviously, i then applied for the set aside and here we are now.

With regards to claiming costs, can someone point me to the right place for a template or something? Im sure i have seen one but it escapes me.

 

Thanks Again,

 

BTK

[Seminole]

Presumably there was a hearing for the original set aside? You should ring that court and obtain details of the case. At the very least you need a reference so that the court can get hold of the details.

 

You also need proof of your current address and any evidence you have as when you vacated the property that the current claim was sent to.

[bushtuckerkid]

Hi,

No there was no hearing the first time round, is that unusual??

I have the court reference for the CCJ as it is the same both times. Again is this standard practice?

Proof of address etc is no problem. I also have a letter from Cabot dated before the original CCJ to my up to date address showing they did know where i was living etc, even though they provided an address that was from years previous when they applied for the CCJ originally.

Hope that makes sense?

[Seminole]

How did you find out that the first CCJ had been set aside?

[bushtuckerkid]

I applied for the judgment to be set aside in Sep 09 and was told it could take a few months as the courst were very busy! I hadnt heard anything so i called the court in early jan 10 to see the situation and was told that the judgment was set aside on 26th Oct 09 and i didnt need to do anything further?

[bushtuckerkid]

Hi Guy's just an update.

My hearing was postponed as the district Judge was unable to hear any cases due to a personal situation.

I today received a large envelope from Morgan Solicitors. It contains a witness statement from Siobhan Saunders and a bundle of paperwork that Cabot hold on the account. Still no sign of a credit agreement .She states that i have no real prosspect of successfully defending the claim under CPR r.13.3 and that i should not be allowed to defend my claim and that my application should be dismissed.

Is this likely to sway the Judge prior to my hearing or is it just a an attempt to frighten me into pulling out?

 

Any thoughts would be appreciated.

 

Thanks,

 

BTK

[bushtuckerkid]

Hi Guy's.

 

Sorry for the bump.

Do i need to respond to Morgan or submit a response to the court or just wait for the hearing?

Thanks

[harrassed senior]

Perhaps you will have better luck in the Legal Section?

[cerberusalert]

Moved to Legal Forum

[bushtuckerkid]

Bump.

 

Anyone?

[reallymadwoman]

I've replied on your other thread re statute barred. If you made no payments and did not acknowledge the debt for a continuous period of 6 years, it's statute barred - the end.

 

If you can't for some reason go down the statute barred route then what Morgans are doing is standard practice i.e. trying to psyche you out. The absence of an agreement alone is enough to successfully defend the claim.

 

I suggest you write back to Morgans, raise the statute barred issue and suggest they withdraw opposition to the set aside.

[bushtuckerkid]

Thanks RMW,

 

Thats just what i wanted to hear. On another note, they claim i made a payment in 2005 which i know is completely false as i didnt ever make a payment until i was made aware of a judgment.

When i right to argue SB do i ask them to prove alleged payment.

Thanks for your help.

BTK

[bushtuckerkid]

Just spoken to my local County Court and they have advised, although not definate, that my hearing will now likely be at the end of August / beginning of September.

Now it seems i have a bit more time to play with, is there anything else i could be doing to increase my chances of success?

[bushtuckerkid]

Ive been endlessly picking through the witness statement and documents sent by Morgans and i think ive picked up on a couple of other points. Not sure if they will have any relivance:

1. They say that there is a notice of assignment included but it isnt there.

2. I noticed there is no default notice for the account included in the documents for this account. Is it needed to show that they have acted correctly?

Thanks

 

BTK

[reallymadwoman]

The notice of assignment is necessary to prove they have the right to collect, and yes there should be a default notice but they are rarely available other than a 'reconstructed' version.

[bushtuckerkid]

Thanks again RMW.

I know what you mean about DN!

As for NOA is there anything i can do about that? If i ask for one are they likely to only provide me with another representation?

How does not providing one affect the case?

Thanks

[bushtuckerkid]

Hi All, just an update. My hearing is now scheduled for September 17th.

I wrote to Morgans requesting proof of payments as i do not believe there ever were any. They have come back today stating that under cpr 18 the claimant has requested bank/credit card statements from may 2000- may 2006.

Firstly, why should i provide them with details so that they can make up payments using provided account details and secondly i dont have anything as it was old accounts that i no longer have.

I want to get a reply off to them today if possible, does anyone have any guidence/advice or suggestions?

Thanks

 

BTK