In Court Today 10am Need Advice

[Rappy]

Hiya,

 

I got a letter from IND allegedly stating that is owed approx £1800 on a debt on a HFC card from 2002.

 

The letter arrived as last letter before legal proceedings this meant i had only 4 days to respond.

 

I sent them the prove it letter but forgot to record it.

 

I got nothing else through until i got a Judegement by Default from Northampton Court with the amount which the had doubled ( interest it said) and solicitor and costs so about £3400.

This had now been passed to my local court i have called tem and can get a form from court to set aside Judgement and write in there why i want this, then it will go a hearing wher i can defend.

 

Firstly two questions.

 

1. they havent proved i have this debt

2. as its from 2002 is it statue anyway if it is my debt.

 

Do i send them the prove it letter again or do i go for DCA request or what

 

i need to take this form to court tomorrow and pay £75 fee.

[silverfox1961]

Hi,

The first thing to do is get this judgement set aside. Once that has been achieved (as it should be as you didn't receive court papers) you can then start the ball rolling on the other issues you raise.

[Rappy]

Thats good but on the form it asks for your reason why in your defence what would i put there.

[silverfox1961]

From your first post it reads like you never received court papers. Correct?

 

If so, that is your defence as you never had the opportunity to defend the action

[Rappy]

And that would be all i would need to put?

And should i send the prove it letter to IND again this time recorded

[postggj]

Leave The Dca Out Of This

 

Just Concentrate On Getting The Ccj Set Asside

 

You Need To Download An N244 Application Notice And It Will Cost You £75 Quid To Set Asside

[Rappy]

ON THE N244 form i says on question 10 it asks for supporting evidence for this application ie witness statement, statement of case or written evidence.

which one do i go for here?

[postggj]

Statement Of Case

 

You Are Putting The Application On The Form

 

Cut And Paste It When You Have Finished And Ill Go Over It

 

Ive Done Three Of These Myself And It Will Take About Three Months

[Rappy]

TO SET ASIDE THIS JUDGEMENT AS I NEVER RECEIVED THE NOTHAMPTON CLAIM FORM ONLY THE JUDGEMENT BY DEFAULT. THIS HAS NOT ALLOWED ME TO DEFEND MYSELF.

 

this is bit in section 3 i put

[postggj]

Ill Tidy It Up A Bit

 

Are You Using A Pdf Writer

[Rappy]

Its reader with interactive form fields

Do i need to put anything in section 10 with its a statement of case

[Rappy]

Heres page 1

[Rappy]

so it that all i have to do

[postggj]

YOU PUT THIS IN STATEMENT OF CASE

 

I WISH TO APPLY FOR A SET ASSIDE OF A COUNTY COURT JUDGEMENT AWARDED ON XX/XX/XXX

 

1. I WAS UNAWARE OF ANY SUCH JUDGEMENT UNTIL AFTER IT WAS AWARDED AS I DID NOT RECEIVE THE COUNTY COURT N1 SUMMONS FROM THE NORTHAMPTON BULK CENTRE.

 

2. I WAS NOT GIVEN THE OPPERTUNITY TO RESPOND OR ENTER A DEFENCE WITH IN 28 DAYS.

 

3. HAD I RECEIVED THE CLAIM FORM, I WOULD HAVE DEFENDED THIS ACTION.

 

4. THE CLAIMANT SENT THE DEFENDANT A LETTER GIVING THE DEFENDANT ONLY FOUR DAYS TO RESPOND BEFORE LEGAL ACTION WOULD COMMENCE.

 

5. THE DEFENDANT RESPONDED WITH A REQUEST FOR INFORMATION ON THIS ALLEGED ACCOUNT FOR WHICH THE CLAIMANT FAILED TO RESPOND.

 

6. THE DEFENDANT MAINTAINS THAT THIS ALLEGED ACCOUNT IS IN FACT TIME BARRED BY VIRTUE OF THE LIMITATIONS ACT.

 

7. THE DEFENDANT RESPECTFULLY ASKS THE COURT TO SET ASSIDE THIS JUDGEMENT SO A FULL DEFENCE CAN BE SUBMITTED AS A REALISTIC CHANCE OF SUCCESS IS POSSIBLE.

 

[Rappy]

Does This Goe In The Box For Section 3

[postggj]

Give Me 5 Min

[postggj]

In Box 3 Put

 

Aplication To Set Asside A County Court Judgement DUE TO NONE RECEIPT OF CLAIM

 

Box 4 No

 

Box 5 At A Hearing

 

Box 6 10 Min

 

Box 7 N/a

 

Box 8 Circuit

 

Box 9 Respondant

 

Box 10 The Evidence Set Out Below

 

Just Put In This Box What I Have Written Above

Edited May 6, 2010 by postggj

[postggj]

Box 11

 

You Need To Put In YOUR Name And Address AFTER YOU HAVE SIGNED IT

[postggj]

You Will Need Three Copies

 

Take Three To The Court, One Will Be Sent To Ind, One The Court Will Keep, The Other Returned To You

[Rappy]

Thanks Very much Postggj jsut one other question in box 10 where all the info you gave me goes do i sign the statement of truth as well

as box 11

[postggj]

Yes And Remember To Cross Out And Leave Only Applicant

[Rappy]

Thanks on way to hand in now

[Rappy]

I handed in the form and on 6th May and they said should hear from court in 2 days.

Got a letter today saying warrant of execution.

[Rappy]

They said was issued on 7th May by claimant. I stated I had receipt from 6th May for set aside application. Warrant says 10th May. He has communicated with other department now.

[Rappy]

This should not have been issued should it?

Baliff said mine wasn't computer when that was issued and provided I attend hearing that would be recinded. Set aside takes 7 days?