gold card with rbs CCJ and now ICO/CO.

[Guest]

ok, so you are now -

doing an application to set aside the cc j?

and objecting to the application for a charging order?

is this correct?

[ConsumerMark]

Hello, yes this is correct. Sorry if I cause concussion, Internet chat is all new to me!

 

The court sent me a letter today with an n244.

[Guest]

hi

what did they say?

carefully go through the links i posted for eg to establish your grounds for setting aside the cc j, and objecting to the charging order. also, have a read around cag for similar threads/circumstances re setting aside and CO's.

imo

Edited March 25, 2011 by Ford
typ

[ConsumerMark]

Good morning.

 

Based on this link http://www.insolvencyhelpline.co.uk/ccj-removal/valid-reasons.php

 

I am planning to set aside the CCJ based on the fact that :

Did you receive the summons? They are not sent by recorded mail.

If you did not receive any notification of the judgement/s made against you, then you can appeal.

A CCA and SAR request revealed that the original agreement does not exist as as such the debt is not enforceable.

 

Is this enough reason, I need to add detail to this?

 

Would I be correct in thinking that this would be adaptable for my purposes...

http://www.consumeractiongroup.co.uk/forum/showthread.php?174945-Help-needed-to-set-aside-CCJ-Achieved-Defence-now-needed-**Set-aside-and-discontinued!**&p=2302366&viewfull=1#post2302366

 

I have also read that by attempting to apply for set aside I am in actual fact opening a can of worms that will be painful and expensive but as I see it I have no choice but to pursue this?

[Guest]

what do you mean by 'opening a can of worms'?

you already have a judgement against? and they are now applying for a charging order due to non compliance with the ccj? if the cc j is set aside it will revert back and give you the opportunity to defend their claim, and their current CO app'n would be auto defeated. if you decide to accept the cc j as is, then can just try on objecting to the CO? yes, there maybe fee(s) for your application(s) if not exempt (as Yog pointed out above), and maybe their costs against you if unsuccessful. it may be that they will hear things together?

imo

Edited March 31, 2011 by Ford
typ

[ConsumerMark]

Not sure if I have read too much on here, but I read that if the set aside goes against me I am open to more costs.

 

Can you advise if I should go into detail as in this post http://www.consumeractiongroup.co.uk/forum/showthread.php?174945-Help-needed-to-set-aside-CCJ-Achieved-Defence-now-needed-**set-aside-and-discontinued!**&p=2302366&viewfull=1#post2302366 and show that I have a case or if my set aside application should only focus on the fact that I did not receive in time to defend the default judgement and leave it at that?

 

Hello, I forgot to add that I did sent a CPR 31.14 Request by recorded post to their solicitor on the day I received the summons.

 

They have not botherd to reply to this even though they have time to pursie through the courts. Do I also add this to the grounds to set aside???

 

BUMP.

 

Can anyone help with this please, I need to get this in the post tommorow as the charging order hearing iis the 12th and they need 7 days.

 

Would it help if I post up what I have so far (based on the linked threads)???

[Guest]

use whatever applicable 'grounds' that apply to your case, and anything else you can think of that may be relevant.

are you still also applying for a set aside of the ccj? did you go through Yog's thread, and others? adapt to suit your circumstances. yes, if they failed to comply with cpr 31.14 request then mention that as well.

yes, post up your 'grounds' for any further opinions.

imo

[ConsumerMark]

Thanks once again for helping.

 

I am still confused - do I apply for a set aside of the original CCJ and a set aside of the Charging order separately or does this now go to the new court and not the bulk centre in northampton?

 

 

I have the below which is based on threads on here and a pm on another forum...

 

This defendant respectfully asks that the court set aside judgment xxxxxxxxx entered by default on xxxxxxx at Northampton county court before District Judge. I am the defendant in this action and upon receiving guidance on his case believe that there is a good prospect of success in defending the action for the following reasons.

 

The defendant being a layman and litigant in person and without the knowledge or assistance of legal advice did receive notice of said claim on xxxxxxx whereby the defendant attempted to acknowledge the summons in a timely fashion (via the MCOL website) albeit this attempt was too late.

 

The defendant being a layman and litigant in person and without the knowledge or assistance of legal advice, albeit in error and ignorance of the court procedures did not promptly respond to judgement as a notification of judgement was not received until xxxxxxxxx, whereby a copy of said judgement was enclosed by way of supporting copies of an Interim Charging Order.

 

The claimant has failed to provide a copy of the credit agreement and default notice which they claim has been served under s87 (1) Consumer credit act 1974.

 

The courts powers of enforcement in cases relating to Regulated Credit Agreements under the Consumer Credit Act 1974 are subject to certain qualifications being met with regards to the form and content of the documentation, in particular the Credit agreement and the Default notice. Therefore these Documents must be produced before the court and must comply with the relevant sections of the consumer credit act and the regulations made under the act.

 

Further to the claim, on xxxxxxxxx, I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, to rely on, including any default notices or termination notices.

 

To date the claimant has ignored my requests under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person.

 

A true copy of the original executed agreement was requested on xxxxxxxxx, under the Consumer Credit Act 1974. To date the claimant has not complied with my requests.

 

Furthermore, on xxxxxxxxx a Subject Access Request for said documents was made under Data Protection Act 1998. Subsequent to this request, on xxxxxxxxx a letter signed by xxxxxxxxx Data Protection Clerk xxxxxxxxx confirmed that “a copy of your original, signed credit-card agreement cannot be located in our records”.

 

The claimant has failed to set out how their claim is calculated nor do they set out the nature and scope of any charges contained within the figure claimed.

 

Consequently due to the claimants failure to supply said documents required under the Civil Procedure, I deny all allegations in the particulars of claim that I am indebted to the claimant in any way.

 

As such I believe it to be unjust and immoral that the claimant should attempt seek a charging order for an alleged debt that the claimant is fully aware and freely admits is unenforceable. I respectfully request that you set aside the previous judgement in order to allow me the opportunity to defend myself in a fair and just manor.

[Guest]

[ConsumerMark]

Im not used to using internet forums and seem to have some information in this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?288992-Late-to-defend-a-County-Court-Claim-from-Northhampton/page2&p=3359713 (sorry).

 

I phoned the court today to be told that that charging order will go ahead. I asked if the set aside had been granted and they said that the could not tell me at this time.

 

Does this mean that the set aside will be looked at separately or that I up the creek so to say?

 

Bump. Can anyone take time to point me in the right direction please?

[the_shadow]

Threads merged and moved to the legal forum for now.

 

S.

[the_shadow]

Mark,

 

As previously stated the CO is in place or will be and you can DO NOTHING ABOUT THIS WHILST YOU HAVE A CCJ which was probably a forthwith as its judgement by default.

 

Its more than likely too late now to seek a redetermination so the way to get rid of the charging order is to get rid of the underlying CCJ, if you dont the CO will remain.

 

S.

[ConsumerMark]

Thank you for looking shadow.

 

In the above - have I gone about getting the set aside in the wrong way? Hoping that I havent wasted £80 ???

[Guest]

consumer

what did you actually do? you previously said (#31) that you were objecting to the CO, and applying for the set aside of the ccj?

[ConsumerMark]

I was advised to send this to the County Court (not bulk). The court said that I should sent this defense with £75 cheque to set aside both as they are part of the same claim. Is this wrong?

[Guest]

so, you objected to the CO, and applied for set aside of ccj, at the same time? don't see a prob with doing that?

and, the court has since said that there is a CO (ie the 'objection' was refused), but the app'n to set aside the ccj has not yet been decided?

Edited April 27, 2011 by Ford
typo

[ConsumerMark]

Yes, this is the situation as I understand it.

 

 

However it seems to be causing confusion at their end as they could not tell me when this decision would be made.

 

I also should write to the RBS solicitor as they are now chasing for payments.

[ConsumerMark]

I hope that someone can help!!!

 

I have received a 48 hour notice from a local court, but dated today. I am sick with worry that the baliffs could knock the door any second!

 

The last conversation was that the court would be in touch with regards to my setaside and not this. Im really not sure what to do so any advice I would be very grateful for.

 

Thanks.

[the_shadow]

What kind of 48hr notice? what exactly does it state.

 

You can always ring the court for clarification of what is going on with regards the set aside.

 

s.

[MrZ]

You can ring the court and ask. You can also ask to speak to the baliffs section, they will tell you if they have an order or instructions to act.

[ConsumerMark]

Thanks for the help.

 

It is a notice of issue of warrant of execution. If I dont pay the full amount today, goods could be removed from my home. I tried to speak to someone but they close at 4, so will tru monday.

 

Should i fear the worst??

[Guest]

consumer

some brief info

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

 

looks like maybe the application to set aside ccj has been ignored? check the status of it? and creditor has gone on to 'enforce' the ccj? in your application, did you request that any poss 'enforcement' action be suspended until outcome of application?

imo

Edited June 18, 2011 by Ford
typo

[ConsumerMark]

Thank you for the help, I have read through those links in detail. It seems that an n245 is my only option, although it doesnt strictly seem to fit the circumstances.

 

Looking at my setaside application, I dont think that I did ask for enforcement action to be suspended, here is my application...

http://www.consumeractiongroup.co.uk/forum/showthread.php?288992-Late-to-defend-a-County-Court-Claim-from-Northhampton&p=3358924&viewfull=1#post3358924

 

I am at a loss as to any other options to pursue the set aside, it seems that the time and money was wasted?

[gandalfthegrey]

I'm confused. If they already have a charging order, why are they sending the baliffs?

[ConsumerMark]

I have no idea, nothing I have read on here is similar situation.

They have not tried to negotiate a payment of any type so Im really at a loss.