Link Claimform Credit Card

[Guest]

Angel

 

sorry to read of the default judgement. hopefully, you'll be able to get it set aside.

 

.........

 

i cant believe that after speaking with them they assured me that they told the court they had agreed to the extension of time with me but were unable to tell me a date as they were having to write to mbna to get the documents - are you telling me now that i still should have done the n244 even on my last day of defense and ignored what they told me about the extension? as you were short on time re deadline that's why i pointed out before also that if you couldn't get an 'official' extension in time, then consider maybe submitting a defence in time anyway (which could've included a request for an order that they produce as per your request, and a request for permission to amend accordingly)!, which would've avoided the default judgement. never rely totally on what 'they' 'say'. hopefully though, you'll be able to get it set aside.

 

..............

Edited November 21, 2010 by Ford
typo

[pt2537]

the problem though Ford, is file a defence and then you are liable for the costs of the other party amending later.

 

Use the rules to your advantage and you will be ok, but you cant sit on your hands and be slow to react thats the problem,

 

I would put £1000 on this and say if you file an embarrased Defence and i was the file handler on the other side, i would get my client the costs as a result of your amendments later, and the last costs order i saw was £3,500 summarily assessed against the debtor as a result of the amended defence.

 

It is risky either way you go,

[Guest]

not necessarily PT re liability re costs. as per my points before. so, in the circumstances file a defence or get default judgement against? which is preferable?

alot depends on the circumstances. in this case OP had no/little time left to get an 'official' extension. therefore, to avoid def judgement (which happened) a defence needed to be submitted!? and the defence could've included a request for an order etc

imo.

Edited November 21, 2010 by Ford
typo

[pt2537]

yes, you would be liable for costs, it is the general rule

 

however, why cant there by an application on notice ?

 

why cant the op make a 31.14 request? when the 7 days expire,. why couldnt an app be made?

 

My view is that this then freezes the case until the app is dealt with, no judgment can be entered, and you would seek an order for the timing of the defence,

 

Plus you get costs against the Claimant on the basis of his failing to adhere to the rules

[Guest]

pt

i understand what you say re costs and application. but my points before are valid re costs. OP didn't have enough time left to get an 'official' extension. so, to avoid a default J a defence needed to be submitted.? and the defence could've included a request for an order for compliance etc!? what would you have suggested in the circumstances? submit a defence in time, or rely on what was 'said' and risk a default J? costs are not automatically awarded, depends on the circumstances and reasonableness etc.

imo.

Edited November 21, 2010 by Ford
typo

[pt2537]

i dont see how the OP never had time

 

that is what confuses me

 

Defence 28 days from service

 

CPR 31.15 - 7 Days from recipt for disclosure

 

That leaves 21 days by my maths, given that the claim is not served for 5 days

[Guest]

i had thought (as i mentioned before) from what was posted that Angel had little or no sufficient time left as the deadline was imminent?

 

ps. yes, if there is sufficient time, then as you rightly say, get an extension/do an individual application etc

Edited November 21, 2010 by Ford
ps added/typo

[pt2537]

Then in those circumstances, the correct procedure is an application according to Blackstones

[pt2537]

of course, if by not having time you mean that in some way service of the claim form is defective, then you have immediate grounds to set aside the judgment in any event.

[Guest]

hi PT

apologies if i have confused things. originally, i had thought that Angel was very close to being out of time to do things, so i suggested also that the submission of a defence in time may be worthwhile (so as to avoid a default judgement (and also possibly for the benefit of cpr 38.7 if they decided to discontinue)) if an extension of the defence deadline couldn't be agreed in time and/or an application couldn't be made in time. hope this clarifies.

Edited November 21, 2010 by Ford
typo

[angel_1]

hello pt and ford

 

many thanks for your huge input on my behalf, came back tonight to see what i can do

 

I have to agree, i need to be more savvy in these things and while ive read threads and tried to understand what is being said to me i too also have to be clear in what is happening my end

 

reading back i think i didnt explain properly where i was at each stage, i got the court papers, sent in my defense online about after 10 days - before the 14 days deadline, then i sent my cpr 31.14 letter, the 7 days was officially the wed before i needed to put in my defense the following monday,

i tried to get the verbal extension time agreement on the saturday was told that it would be escalated to the legal team for monday as they had no legal team working on saturday, i rang on the monday morning first thing, and was told it had already been sent by their london office for judgement, but they confirmed to me that they had already confirmed with the court to agree to hold it on file and they agreed to an extension but were unable to give me a date but would allow me at least 7 days after i had received their documentation, only proof i have is the phone call records made to their telephone number and my calls to the court.

 

~Of course when i had called the court the judgement had been rejected as my defense was still due by 4pm that monday,

hence i got the agreement verbally and then sent the letter with a full explanation of the above and faxed the court which they received well before the 4pm deadline, but i didnt do the n244 or any defense~

 

the letter from the court states judgement was entered by the claimant on the 16.11.10 i guess by manual effort, and thus the N244 form has been enclosed for me to complete if i consider this to be incorrect, which is where i think i stand but whilst i understand the application for judgement to be set aside is not automatically granted surely i have proof of

my cpr letter being received by link correctly - i have a signature,

my phone records to link and the court

my fax letter received by the court before my deadline to summit my defense

how can i now word the n244 correctly for any fighting chance - the notes suggest that i provide a reason for disputing the judgement that has been recorded.

 

== from this you are absolutely right pt, once any claim comes in the future as soon as i get it i put in my acknowledgement of service, then send out the cpr31.14 if not received any info by the 7 days, ring on the 8th day and get confirmation in writing from them, if i dont get any info that is required - then send in the n244 a few days before the last day my defense is due to be summitted - this way i hope to avoid what has happened to me on this one====

 

i look forward to all your wise words as i know that i wont be doing this mistake again but hey we learn from our mistakes, and things that have happened in my private life kind of took over my time which i will in the future ensure i deal with this kind of court defense more promptly

 

cheers for your help everyone

 

angel x

Edited November 22, 2010 by angel_1
highlighted aread where i need a bit of help pls

[Guest]

hi angel

 

just some further info re 'set aside' http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

[angel_1]

hi angel

 

just some further info re 'set aside' http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

 

Hiya Ford

 

 

fab thank you lots, i feel so much better now have a fun day tomorrow will log in again tomorrow cheers angel x

[angel_1]

hiya all

 

further to my post no 63 just thinking now = would it be wise of me to confirm my telephone conversations with the claimants with them and like you said pt2537 in your posts nos 49, 51 and 52 can i clarify then by obtaining the verbal agreement with them which i also confirmed in my letter faxed to the court, would it be wise to send the claimants a letter either me requesting that i have the information in 28 days from that date for them to reply to our agreed extension or to confirm in writing to me when they plan to have the info sent to me... or should i just do the n244 and put in the facts of this and include a copy of my fax that the court received in time before the deadline of my defense time on that day.

 

so am i right that all is not yet lost as long as i now follow to the letter what you all tell me and im really sorry i confused when exactly the defense was due and had left it really late to that day

 

cheers for your input much appreciated

 

angel x

[angel_1]

hiya all just looking in for any further advice re my last post

 

cheers will look in again after 1pm today

 

angel x

[angel_1]

Angel

 

Who is it you are trying to get disclosure from?

 

If its the party to the court proceedings, then they cannot hide behind data protection at all,

 

hiy pt2537

 

in reply to this it was alliance and leicester who the mbna card was with who now and i wonder if they have Really sold it to link as im not really sure as i noticed an email in my inbox the other day stating my online statement was available to view from alliance and leicester, but if they had sold to link why the email ref this account

 

perhaps i should now do a sars to link - which im happy to do if it will help with my set aside and n244 form im still unsure what to put in have put my concerns on my own thread

 

sorry to keep asking questions, but once learnt the answer wont be asking them again

 

cheers angel x

[angel_1]

hiya all

 

further to having read posts no;s from 27 to 32 on this below thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?281982-Court-claim-from-Link-Financial.-Please-help.

 

this is interesting and is where i should have been if i had done things a lot quicker, but now having to do the n244 for a set aside instead

 

having read a lot of info on the links given by everyone thank you

 

i believe i have to state i have sent in my aos, and agreed with the claimaint for an extension of time but the ccj was wrongly applied in error as my confirming fax letter arrived at the court Before the end of the defense time i had to put in my defense

therefore i am requesting that the set aside is considered as i am still awaiting on the cpr 31.14 requested info by me from the claimant

and until i receive the info i cannot put in my defense

 

any other help appreciated cheers angel x

[angel_1]

hiya all - polite bump will wait and log in afternoon cheers angel x

[Guest]

angel

 

further to links above, also note Parts 12 and 13 of the Civil Procedure Rules

 

eg part 13.3

 

Cases where the court may set aside or vary judgment entered under Part 12

 

13.3

 

(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

 

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

 

(ii) the defendant should be allowed to defend the claim.

 

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)

 

etc

 

justice.gov.uk

Edited November 27, 2010 by Ford

[Guest]

..

Edited November 26, 2010 by Ford
duplicate post deleted

[angel_1]

thank you Ford

 

i have also now read the info ref set aside where you gave me the link, i understand that i have to basically include everything i did and what was told to me by the claimants and to date i still have not received any reply to my cpr31.14 letter but have had other info from the claimants more or less requesting payment information from me, thus i should include everything on the n244 shouldnt i, and also state i was unable to put in any defense as claimant had advised me that they had asked the court to stay the claim until i had received their info to prepare my defense, but of course that has not happened as they requested the judgement again the day after my defense was due. So in the best interests of justice i politely request that the judgement is set aside and for me to receive the documents promised and then be allowed for me to present my defense

 

is the above okay as such to enter on the n244?

 

cheers again angel x

[angel_1]

hiya pt2537

 

further to my previous post 111. thinking now can i request a sars to the party who are in the proceedings now ie Link Financial i understand the 40 days for them to send me info, would it be useful at this moment to me as im trying to get the set aside done anyway

 

cheers angel x

[coledog]

SAR request attached, allow up to 40 days to reply, send with £10 postal order by recorded and sign in the dotted box. If they know you from a previous address, amend the last para to give previous address and attach a copy of a utility bill.

 

May be worth you starting your own thread on this to give the full picture?

SAR Anon.pdf

[DonkeyB]

Gentle bump.

[angel_1]

hiya coledog thanks for the info, and here is my thread if you can spare a moment to read cheers angel x

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls