Link Claimform Credit Card

[the_shadow]

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!!

 

You mean this one

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283364-Link-financial-court-action&p=3196525&highlight=#post3196525

 

S.

[WelshMam2009]

Just to say good luck with this Angel and hope all is well with you.

 

Can't get to grips with this new site layout so don't come on here much anymore!!

 

As regards the set aside, I've only been involved in one case and in that, the defendant/applicant (who had failed to respond to the court papers) had to pay the claimants costs in respect of the set aside.

 

Best of luck!!

[angel_1]

hiya all

thanks for looking in, will be back later as i have had dental work done and couldnt talk for a few days last week, but i need to address this now today as hearing is this week, not sure if can handle on my own that hearing and what i need to say anymore than was i said on my application

 

catch up laters angel x

[caro]

The trick is to be prepared.

 

Stick to the facts, and make sure that you have all your paperwork with you and in order. In fact have 3 of everything so that you can provide copies to the judge and the other side if they need it.

 

If it would help, write down what you'd like to say, either as bullet points or a script for yourself. That way, you have it all in front of you, and if you get too tongue tied you can just give a copy of it to the judge to read.

 

How long has been allocated for the hearing?

[angel_1]

hello Caro

 

thank you for replying - the paperwork for the n244 was helped to be completed by cab office and looking at my copy, where it stated how long do i think the hearing will last? 10 mins was put by her albeit i signed it of course, oh dear she and i must have thought it was simple.

 

anyway the letter from the court is headed

**************************************************

 

Notice of Defandants application to set the judgement aside

 

link

myself

 

-------------------------------------

 

Take Notice that the defendants application to set aside the judgement aside will take place on xxx xxxx xxxx ((((((date this week)()))))

 

at xxxxxxx(( my court addresss))

 

When you should attend

 

Please note This case may be released to another Judge , possibly at a different Court

 

 

===============

 

enlosed a copy of my n244 application

 

there is no time given in anything i have received. Thus what now >?

 

 

Of course i will take further 2 copies of my info ive already sent with my n244 form when i paid the fee.

 

Im wondering if i should just also include the costs to do this n244 application 75.00 pounds etc ?

 

Having spoken with a solicitor today as was enquiring whether i would be eligible for legal aid, the judge may do an unless order, that link will have to provide the info from the poc by a certain date or they may just turn up with the info now - not sure where i would stand then, but also i could ask the judge to have more time to consider legal advice and then i could contact the solicitor after the hearing to see where i stand with all this.

 

guess its a last minute stand off for me this week, whilst i did go to the cab also this morning, all they said was i could try legal aid or speak with the duty solicitor on the day before the hearing,

 

well im back here as i feel you guys will tell me how it is - will look in later this evening

 

thanks angel x

Edited January 31, 2011 by angel_1

[caro]

hello Caro

 

thank you for replying - the paperwork for the n244 was helped to be completed by cab office and looking at my copy, where it stated how long do i think the hearing will last? 10 mins was put by her albeit i signed it of course, oh dear she and i must have thought it was simple.

 

 

anyway the letter from the court is headed

**************************************************

 

Notice of Defandants application to set the judgement aside

 

link

myself

 

-------------------------------------

 

Take Notice that the defendants application to set aside the judgement aside will take place on xxx xxxx xxxx ((((((date this week)()))))

 

at xxxxxxx(( my court addresss))

 

When you should attend

 

Please note This case may be released to another Judge , possibly at a different Court

 

 

===============

 

enlosed a copy of my n244 application

 

there is no time given in anything i have received. Thus what now >?

 

You could phone the court and ask how long the hearing is. The judge is just looking at your application and deciding if the judgment should be set aside. Regarding what you want to say on the day, I meant that you could simply hand a copy of it to the judge on the day if you can't say it.

 

Of course i will take further 2 copies of my info ive already sent with my n244 form when i paid the fee.

 

Im wondering if i should just also include the costs to do this n244 application 75.00 pounds etc ?

 

If the judgment is set aside the original case will be reinstated and a hearing to decide it then. You could start preparing a list of costs you want to claim back if you're successful.

 

Having spoken with a solicitor today as was enquiring whether i would be eligible for legal aid, the judge may do an unless order, that link will have to provide the info from the poc by a certain date or they may just turn up with the info now - not sure where i would stand then, but also i could ask the judge to have more time to consider legal advice and then i could contact the solicitor after the hearing to see where i stand with all this.

 

Maybe this is something that you could draft an unless order yourself and ask the judge to consider on the day. Frankly I wouldn't ask the judge for more time. You've made the application so what has changed since that means you need more time?

 

guess its a last minute stand off for me this week, whilst i did go to the cab also this morning, all they said was i could try legal aid or speak with the duty solicitor on the day before the hearing,

 

You mentioned you'd already asked a sol about legal aid. What did they say?

 

 

well im back here as i feel you guys will tell me how it is

 

thanks angel x

 

I think it's time for you to decide if you're doing this on your own or not. If you are then you should take your advice from your solicitor, but if not then just focus on preparing for your case.

[angel_1]

Thank you Caro

 

understand totally your points and will prepare my case and then put my points on a sheet if i do find it an upheaval event on the day i will hand over the sheet to the judge to read instead

 

just a thought what if the other side suddenly produce the paperwork i had requested, do i at that point could i say that this info was requested and never given in time for me to consider legal advice for any considered defence and counterclaim ? Therefore would it be wise for me to ask that it is set aside so i have a chance as i should have been given before my defence deadline to consider counsel? ((((Thats what i meant when i said about asking the judge for more time if he accepts to do a set aside then of course i now understand i would have the time to speak with counsel if the judge does set it aside as it will go back to the beginning of the claim - understand that clearer now thank you))

 

like you asked re sols i spoke with - as i am unable to have legal representation for this weeks hearing from the sols i spoke with - they have very kindly given me a bit of a heads up so to speak and i can contact them next week after the hearing at the end of the week to update them how it went

 

catch up later got dentist again , at least my teeth can be an asset for me later this week LOL

 

laters and again thanks angel x

[caro]

If they suddenly produce the paperwork ask the judge if s/he will adjourn the hearing because you are a litigant in person and need time to look at this. What you need to remember though, is that if this is allowed and there's a new hearing date the other sides costs will increase.

 

You could perhaps point this out to the judge and say that you feel you have been put at a disadvantage, but you are worried about any cost implications as you want to get legal advice.

 

I'm rather concerned though that the judge will just accept it at face value.

[angel_1]

hiya caro

 

exactly my own fear - then if they do accept on face value it makes a mockery of the request of info under CPR 31.14 request and i will be disadvantaged thus why my request for a set aside as the claimaint led me to believe they were doing something instead went ahead and got default judgement the next day knowing i had not put in my defense. That also makes mockery of the intergrity that these claimants have or havent got.

 

i can only hope as i had put in my acknowledgement of service and as a litigant i believed what they confirmed on the telephone to me about having another 28 days to get the info to me and they would not go for judgement. I had no reason to not believe them at the point of my calls to them.

 

it will be a sad day if i lose this week- and then others must learn from my experience

 

catch up later going to finalise my bullet points with they info you have given cheers angel x

Edited February 2, 2011 by angel_1

[Bigdebtor]

Angel

 

Very best of luck today! Your experience of how they lie and cheat on the phone is a salutory example of why CAG always advises - EVERYTHING IN WRITING!

 

They have NO morals or integrity - as your case illustrates only too clearly.

 

Sock it to 'em today! I'll be looking in later today to see how you got on.

 

BD

[angel_1]

Thank you Bigdebtor

 

of course a big lesson learnt but of course id left it late and had been suggested to call them to obtain the extension of time for them to send me the documents which they verbally agreed, had i enough time of course hindsight i would have contacted them by letter and then put in a court order in time before my defense requesting the info from the court, like i said hindsight a beautiful thing,,,,

 

let you all know later cheers angel x

[angel_1]

hello all

 

just another quick question, if the set aside is successful then do i ask the judge for the costs today or just prepare them for when i put in my defense if there is one after legal advice?

 

also if im not successful - then what should i do about getting the payments structured for what i can pay? do i have to apply as a seperate court application after today?

 

cheers angel am online till about 11-30 then getting ready to go out this afternoon with my little one

cheers angel x

Edited February 2, 2011 by angel_1

[Bigdebtor]

Angel

 

If it were me I wouldn't ask for any costs today - as you may want to agree a "drop hands" later - where each side pays its own costs?

 

I would prepare an I&E so you can perhaps get the judge to agree to time to pay if you do lose today - but ensure you keep this well hidden - and don't show any sign of weakness too early.

 

This is what I think - but I've not yet had to get to the court stage and would welcome other views too for you to consider.

 

Good luck!

 

BD

[angel_1]

hiya bigdebtor

 

will let you know later in the week and see what others reply too, interesting to see others views

 

but hearing is later this week so have time

 

off to have lunch and have a bit of fun i hope

 

laters angel x

[AndyOrch]

" but hearing is later this week so have time, off to have lunch and have a bit of fun "

"

 

You state above its today !!!!

[angel_1]

hiya andy sent you a rep and you too bigdebtor

 

cheers angel x

[caro]

Can't see where angel says the hearing is today, so assuming it isn't......

 

if the paperwork miraculously appears on the day and the judge accepts it, when it comes to costs you should argue that had they provided this earlier then you would have been able to deal with the issue before and would not have been put in the position where you felt you needed to apply for the set aside. This puts the need for the hearing on the claimants, and hopefully the judge will make them bear their own costs.

 

Tell the court that all you've wanted to do is deal with this but your efforts have been frustrated because of the claimants behaviour. If push comes to shove and the judge seems to be going their way, point out that you don't believe the amount is correct due to charges and anything else that's makes it wrong. In theory if the amount of the claim is wrong it SHOULD invalidate the claim.

 

Of course it's down to the judge to decide.

[AndyOrch]

" just another quick question, if the set aside is successful then do i ask the judge for the costs today "

[DonkeyB]

Can't see where angel says the hearing is today, so assuming it isn't......

 

I think Angel edited it out...!

[AndyOrch]

Its ok chaps Angel has explained to me for the confusion.

 

Regards

 

Andy

[Bigdebtor]

Angel

 

Any news?

 

BD

[Cadbury1879]

As Bd ,any news Angel

[Bigdebtor]

Angel

 

Any news?

 

BD

[DonkeyB]

Hope Angel hasn’t gone back to heaven...

[AndyOrch]

No update since the hearing strange!!!!