ccj with link financial,going to try and set aside

[stoney47]

Another Update

Received in the post a consent form that link have asked me to consider,they state they will 1. consent to judgement being set-aside2.the claim be adjourned generally with liberty to restore 3.there be no order to costs save that each party do bear their own. As i dont want to agree with 2 and 3,what do i do next? do i send back my version of a consent form or wait until the hearing and speak to the judge? any view much appreciated. stoney47

[liquidauctions]

Tell them you agree to have the case set aside to save time and if they agree now you agree to number 3 (if it was my case) You dont agree to number 2 and you have proof it is unenforceable and you have a superb chance of success in court which would then cost the claimant.

[stoney47]

Just a quick question

 

What wording would you use to say that you do not agree to the liberty to restore, point number 2 in post 26. Would it be something like The claim to be adjourned generally and permanantly stayed?

Many thanks

Stoney47

[stoney47]

just off to court in an hour,having replied to links consent order they then sent me another one.so i emailed to clarify and link emailed back stating they were withdrawing them.Not quite sure what to make of that

[stoney47]

I DON'T BELIEVE IT!!!!!

I went to the court today for my set aside hearing. link financial were able to show that I had got my facts wrong. they were able to prove that i had acknowledged the court forms.unfortunately due to my state of mind back in 2008 and at others times since,i recalled the events slighly wrong the judge stated that he was impressed by my arguments and asked who had advised me so i informed him that i've researched a lot on the internet, good old CAG! i got in about the Harrison judgment and also the fact that link had acknowledged in my DSAR that my agreement was unenforcable. but, judge stated that he had to make a decision under the set aside rules. OK, fair enough. when we arrived home i picked up an answer phone message from GE money, asking me to ring. curiousity got the better of me, i rang them up. it was the collections department asking me about my £750 arrears. which was the amount owing when GE money defaulted me and sold the debt to link financial. obviously i was a bit confused by this, stating to the gentleman on the phone i had just come back from court against link, could he explain! he then went on to state that link financial had sold the debt back to GE money on the 3/3/2011, and he said they had written to me, but to my older address, even though in the last year i had written to them 3 times regarding a DSAR. to say i was a bit staggered is an understatement!!! as i have been communicating with link via email and letters over the last week and a half. what do i do now??? any opinions would be more than welcome.

[liquidauctions]

Has it been set aside?

[stoney47]

no it has not,i am confused because ge money say they brought the debt back on the 3/3/11

[liquidauctions]

What did the judge say then??? He set my CCJ aside straight away and normally tells you. If they you have another court date then just present the information.

[stoney47]

hi liquidauctions

i did not know until i got home that link had sold the debt back to ge money