Link Claimform Credit Card

[caro]

Angel, I don't think it can do any harm to SAR, but if you are going to apply for the set aside you need to apply for the set aside sooner rather than later. IMHO I would never rely on any verbal communications, although by following it up with written confirmation you have something, but only your version and the other side can deny what you say or may have a different interpretation of what was said. I would strongly advise you to do everything in writing.

 

The fact remains that you have put in a CPR request which has not been complied with and SJ made despite you informing the court of what was happening.

 

Before deciding if you want to go down that route I think you need a long hard think about what you expect to achieve. Obviously if you win that will be fantastic, but if the case is set aside and then you go on to lose you will be worse off than you are now due to costs.

 

I know a lot has been said about litigants in person losing cases, but the fact is that litigants in person can and do win if they have a well prepared case and are ready to stand their ground in court and stick to the facts of the case. Avoid unnecessary legal jargon so you don't give the opposing legal bod the opportunity to counter with arguments that may sway a judge against you.

 

Having made the mistake once of delaying, it's important that you now proceed in a timely fashion to ensure that you keep the judge on side and don't allow link the opportunity for any more tricks.

[angel_1]

Many thanks caro

 

having understood the points you have kindly explained, i have had no information from the claimants for my requested info under my cpr31.14 letter which was sent special delivery and thus i have a signature, even if i explain everything on the n244 for the set aside - have i misunderstood that i would incur the costs as no defense was able to be made as the claimants had failed to send me the info but of course i understand now that i too failed to tell them on the 8th day and warn them that if i didnt get the info then i could have asked the court to request the documents on my behalf with my court order request.

 

Until i get the documents requested i cannot enter any defense, but im frantically looking for anything i may have already had from them anyway, so had i put in a embarrased defense it would still surely have put me in a costs situation - but i avoided putting in the embarrased defense as i had verbal dealings with the claimants legal team on the day i just didnt inform them in writing of our conversation only the court but as a lIP i didnt believe that the claimants would go back on what they confirmed to me - hence where im at today.

 

But i feel i need to give this a shot even if the costs are added should i lose, but if i call their bluff and hold fire and they dont send the requested documents or if there is anything wrong with the documents then the defense would be worthwhile - at the moment i feel if i dont do anything, ive lost before ive even had a chance to see if i had any defense at all - had they complied with my cpr31.14 i would have had that advantage of knowing before i put in a defense or accepted i had no defense

 

hope the above makes sense, i would like to put the n244 very quickly no worries on that part, im also happy to put in my sars request to the claimants too, worth the 10.00 -

 

hard lesson never rely on verbal communication again dont worry always follow up with requested written conf, which i did ask them to fax me but they never did and wouldnt agree to a written confirmation to me as they couldnt give an exact date of when their team would comply with my cpr31.14 request, this is where im angry with myself with i guess that i truely believed them -

 

hence its all a learning curve

 

i appreciate any other follow up from my above comments, thank you angel x

[caro]

All the set aside does is take away the judgement, and then the case is reinstated.

 

I'm no expert, but I wonder if you could use the N244 to get the set aside AND apply for the case to be struck out due to lack of compliance with your CPR request AND for your wasted costs.

 

But yes, if your application fails it is entirely possible that costs could be awarded to Link.

 

It would be good to get some more knowledgeable opinions on how best to proceed before making a decision.

[angel_1]

All the set aside does is take away the judgement, and then the case is reinstated.

 

I'm no expert, but I wonder if you could use the N244 to get the set aside AND apply for the case to be struck out due to lack of compliance with your CPR request AND for your wasted costs.

 

But yes, if your application fails it is entirely possible that costs could be awarded to Link.

 

It would be good to get some more knowledgeable opinions on how best to proceed before making a decision.

 

hiya caro

 

yes exactly my thoughts - having understood from pt2537 that now getting a request for a set aside so i could wait for the documents to be sent to me which is what they of course promised verbally and should have done - but yes maybe lets go out in a blaze of either glory or just end up with the costs if i fail-

 

but yes i would like to think my dilemma may bring forward the knowledgeable opinions, i will wait til tomorrow for any updates, and for replies,

 

thanks for your understanding, cheers angel x

[caro]

I believe you gave them 7 days to supply the documents and that time passed, so effectively you would be in the same situation as you were before the judgement.

 

Reading back I see that PT suggested getting Link to consent to the setaside, which would save the cost of the application. I really don't know if they'd agree but it could be an option.

[angel_1]

I believe you gave them 7 days to supply the documents and that time passed, so effectively you would be in the same situation as you were before the judgement.

 

Reading back I see that PT suggested getting Link to consent to the setaside, which would save the cost of the application. I really don't know if they'd agree but it could be an option.

 

 

Well Caro, again thanks to you and PT

 

with my luck i dont envisage any luck in getting a result with a verbal phone call in asking the person i spoke with about consent to set aside the judgement, so i should really put it in writing and draw their attention to our previous conversation about them confirming with the court to stay the judgement and also to let them know i still have not received any info to my CPR31.14 request and to ask when should i receive it by

 

i then have something in writing to them and if they dont reply to this letter then would i have better grounds for sending in my n244 for my request to set aside the judgment, and how long should i put in my letter for them to send me their reply by too pls

 

Not too sure if i have a time limit that i have to send in a set aside application and paying the fee myself

 

cheers angel x what do you all think ?

[angel_1]

hiya all

 

looking in for any support in what's best to do otherwise i will have to go with my gut feeling about what ive expressed in doing,

 

will look in later cheers angel x

[caro]

I think you need to ask for an unless order angel.

 

Tell Link that you intend to apply for the set aside and unless they comply with your CPR request you will also be asking for the claim to be struck out. You would prefer their co-operation in this matter but will be making an application to the court if they don't agree.

 

Send a copy to the court too so they know what's going on and you can prove that you are being pro-active in trying to resolve this, which I hope will go in your favour.

[angel_1]

thank you caro

 

having had a few sleepless nights, let me reflect on this i think you are right let me be showing the court that im trying to resolve this therefore need to put a letter to link stating what you have said and giving them a few days as they have now had a few weeks to send me the cpr info anyway and havent, and then i will do what you have stated, For future benefit i will not be making the mistakes i did with any court papers and my cpr request again - will follow the rules.

 

For now have to do the best i can do cheers angel x

[caro]

Don't forget that now the case has been judged they probably haven't given a second thought to complying with your CPR request. I'd suggest you just give them 7 days and if they don't agree to the set aside or comply with the CPR request get that application in pronto.

[DonkeyB]

Agree, Caro. Once a judgment is in place they are obliged to do nothing. You need the set aside first, so it goes back to square one.

[angel_1]

HIYA caro and donkey

 

is it best to do the n244 set aside first ??

 

and not to send my letter stating still waiting on the cpr info as promised ,and asking them to set aside the judgement and if they dont agree then i would then do the set aside application.

 

as donkey states, its not really claimants priorty is it to supply the info as judgement has been passed

 

but if i do nothing, i haVE A ccj, and this is something im angry about in the manner its been processed using the northampton court bulk centre, and i feel like writing to my mp about this that a claim can be processed without any paperwork when the claimant admitted to me that they would now have to write to mbna to get the info from them before they could reply to my cpr, and thus this is madness

paperwork should be available at the point of a claim surely? can i include something of this within my n244 for the set aside too?

 

sorry im rambling , will look in later but i want to show being reasonable to im worried as it appears as a forthwith judgement link will try and get a charging order as judgement only given on 16.11.10 - shouldnt i be doing a redermination or something to get monthly payments, to stop the charging order or by doing the set aside, i dont have to worry about the charging order yet?

 

are there time limits here that i could fall foul of if i do one thing instead of another?

 

catch up later cheers for any help guys, angel x

[caro]

If it was me I'd go straight for the set aside. I know it costs unless you are exempt from paying court fees, but if you succeed you might get the money back. I'm not sure if you may have 7 days so time is of the essence. People have got set asides after a longer period but often it's because they didn't know about judgement and you can't say you didn't know. If they think that you have no reasonable chance of success the court probably won't allow the set aside so you need to demonstrate that you have a fighting chance of success and won't be put off.

 

If possible I'd suggest getting the application in first thing Monday morning.

[Guest]

angel

 

a redetermination is n/a re a forthwith judgement. if you do intend to pay, and want to pay it monthly, then an application for an 'instalment order' would be needed. otherwise, apply for a set aside as caro suggests. there is no set x days time limit to apply for a set aside, but it should be done 'promptly'. it would be for the ct to decide whether the app'n was 'prompt' in the circumstances. and, as previously posted, the promptness of the application in the circumstances is one of the 'matters to which the court must have regard'. so, if you are going for a set aside, do it as soon as reasonably practicable. don't rely on link for any help!

imo.

[angel_1]

hiya caro and ford

 

just logged in and i agree the set aside is the best thing now and remembering the phone call, i was told by claimants that even if judgement had been given to me on the day of the defense, then they had still 28 days to send me the info on the cpr letter request by me to resolve this, i think now on reflection it was something to assure me but as the 28 days are now nearing, im going to go for the set aside as i really dont believe that it was said to help me as they got judgement applied for it after the day of my defense , hence yes i agree im not holding on to the claimants word, but must put this factual conversation into my set aside wording to show the judge that i accepted the claimants word that they were putting the claim to stay with the court and would be sending me the info as i had requested but still havent, and my gut is telling me it was all said as a smoke screen -just my own interpretation of course

 

just going to do my best and yes it will cost me but its worth a shot i think

 

cheers for your help and will update you asap angel x

[angel_1]

hiya all

 

just a thought that its been mentioned to me that if i went for a set aside i risk costs from the other side which really could increase lots onto the debt and maybe i should try and get installments agreed now instead of still fighting this - maybe i lost my chance as i didnt follow the cpr rules to the letter and rang them for the extension of time and i foolishly did that and only got a verbal agreement and then link got the ccj the day after my defense, i feel deflated by this now but i must now do the best i can, im angry with myself as i feel i have failed and where i may have had a chance

 

not sure if that makes sense, anyway pls read about cpr much more than i did perhaps and understand it fully as you can

 

good luck all laters angel x

[angel_1]

hiya Pt2537

 

many thanks for the advice and support, truely appreciated

 

will look into what you have suggested thank you

 

catch up laters angel x

[pt2537]

Hi Angel,

 

Setting aside the judgment ought to be straightforward to a legal professional. Link will know when presented with the right points, that they will not be able to oppose setting aside and id suggest they may even sign a consent order and agree to set aside judgment on a drop hands basis. The alternative, is for them to lose an application and then have to pay your costs, which could be a fair amount. For example as a grade C fee earner, my hourly rate if £160 plus vat, now think of how many hours link would be liable for and you will see that they wont be happy about paying the costs, hence why they may look at drop hands IE no order as to costs.

 

Personally, i dont think its all doom and gloom, but that depends on preparing correctly.

 

You actually have an agreement to extend the time for filing your defence so that will be a huge obstacle for Link, and one that can be used against them for sure

[angel_1]

hiya Pt

 

having had a bit of sleep - i feel today lots better and yes, albeit i had a verbal agreement with them on the telephone and only saving grace i took the advice here to send the info to the court by fax on that day, i will look for a legal to take this forward , i wonder if beachcombers legal firm would look at this for me, but im not sure how to find out for sure

 

anyway will look around locally today and tomorrow in the meantime,

 

cheers again angel x

[caro]

Hi angel. Hope you've had a good Christmas.

 

Just wondered how this is going.

[angel_1]

hiya Caro

 

many thanks for your interest in this, have come on to update you all so really do appreciate you looking out for me like others who have also helped me so far to this point - thank you everyone

 

i considered what you guys had all told me, i went to the cab and i showed her all the paperwork and she considered with me the options that i also pointed out that i learnt from you all, and ive sent off the n244 for a set aside, i know it cost me the fee but having got this far and the way the ccj was processed after link told me that they would get me the info and get the claim stayed at the court, i wouldnt feel happy with myself if id let them get away with it so easily. just me being a hard nosed rebel and i do feel i have done the right thing for me, maybe in the long run it will cost me more im not sure but its the risk im prepared to take

 

Cab would record my complaint into their social information gathered for their reporting purposes at least, but

 

also interesting after i showed cab all the letters etc, she told me to send in a complaint to the fsa , to oft and to my MP but interesting she told me to ask for financial compensation for the cost of the request of the set aside and the undue stress its caused me too

 

but will this work with the FSA?

 

anyway im still waiting on the court to tell me if its going to a hearing or not, interesting letters are arriving for me to pay link,,,,, let me see what the court sends first before i consider my reply back to link - will come back for guidance of course

 

happy new year to all, if nothing else this has helped me understand my need to get all my financial affairs in proper order this year

 

next week will be seriously looking at legal help - had sent beachcomber a request if their solicitor would look at my case or could connect me to someone locally to me but not heard anything, will try again

 

catch up soon take care all

 

angel x

[angel_1]

hiya all

 

a bit of an update, maybe ive gone against what others have thought to do but ive put in my request for a set aside, will be calling beachcombers sols tomorrow to see where i now stand , just my instinct to do the set aside and maybe it will come back and bite me on the bum lol but hey when my soul is at the final resting place i can say i did try

 

anyway will keep you posted, going to read a few more around the set aside updates from others to see what they got up to

 

laters all and happy new year to all

 

angel x

[AA99]

Hi angel, sorry to hear you're still up to your eyes in it! Am still on a catch-up on CAG so will keep tuned, good luck

[angel_1]

Hi angel, sorry to hear you're still up to your eyes in it! Am still on a catch-up on CAG so will keep tuned, good luck

 

hello AA99

 

thanks for looking in, appreciate it yes must catch up with your battles too - keep up your spirits,

angel x

[Cadbury1879]

Hi Angel,my thread ref link seems to have vanished,however your support helped me to continue battling on.Many others Hp mum, Ford etc supported me as I was so close to clicking the admit on mcol.

I wish you all the best and your continued fight can inspire

Good Luck!!