gold card with rbs CCJ and now ICO/CO.

[ConsumerMark]

I have received a County Court Claim from RBOS.

 

However, at the time I received it was too late to reply until after the 14 days. I have done an acknowledgement online and emailed the court for advice but so far received nothing back. The actual alleged debt is in dispute due to outstanding requests for a proper agreement.

 

Can I ask what I can do please? I have heard nothing and not had chance to submit my defence, am I up the creek so to speak or is there something I can do?

 

Thanks

[The Mould]

Hello ConsumerMark

 

Issued out of Northampton? Contact the court and explain that you did not receive the summons until after time for filing AOS.

 

Contact the claimant (or his Solicitors) explain what has happened with the delay in receiving the claim and request an agreement from him to extend the time for filing your defence/response.

 

What is the date on the Claim form (N1)?

 

Kind Regards

 

The Mould

[ConsumerMark]

The date was back in December and Im worried now that Ill look stupid for getting into debt and stupid for not getting advice sooner.

 

I have sent a letter and email to the court, but have had no acknowledgement. Does anyone have a letter template that may help?

 

Not sure if it is related for not but I keep getting letters from EuroDebt including the actual claim reference and amount - is this a bad sign?

[Yog sothoth]

I missed a deadline for responding to a claim and as a result, Default Judgment was entered against me. However, I applied for a set aside and got it (although it cost me £75!), and now I have a chance to defend.

 

My thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?272181-CL-Finance-court-claim&p=3260418&highlight=#post3260418

[ConsumerMark]

Since my last question, I made an appointment with citizens advice and had to wait a month and then went back to see a specialist who helped me with the set aside.

 

Problem is that I have now received a charging order and dont know what to do. It will be weeks before i get another CA appointment!

 

I think that the application for set aside has crossed as opposed to them ignoring or denying my request but Im not sure what to do?

 

I have letters from the bank following CCA and DPA requests stating that they do not hold the signed credit agreements but this episode with the court and receiving the documents late is really starting to worry me.

 

sorry to be so impatient, but can anyone please help or point me in the right direction? thanks

 

Just to add to this... other than a notification of charging order I have received nothing.

 

Should I have received a notification of the judgement and if so should I try to get hold of this as it may contain the banks evidence ?

[Guest]

consumer

looks like they have a ccj against, and they are now seeking 'enforcement' of the unsatisfied ccj by way of a charging order?

some info re charging orders.

also, consider whether the ccj could be set aside?

http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

[ConsumerMark]

Thanks for this ford. reading that it does seem that receiving papers late (or not at all) isnt a good enough reason to request a set aside.

 

im worried about what else I havent received now!

[Guest]

consumer

you say above in post #5 that you had specialist help re a set aside application? any developments on that? as you say, it may have crossed and is still in progress?

as the nat. debt. link re set aside says; 'enforcement' action may not stop automatically because an application has been made, and that it should be requested on the n244 set aside application that any enforcement action is stopped/stayed until the set aside hearing is heard!

Edited March 15, 2011 by Ford
typ

[ConsumerMark]

I sent a CCA request and SAR request to RBS over a credit card. After much correspondence, they admitted that they did not hold the original signed credit agreement but that the debt was still enforceable despite their 'admin error'.

 

I offered them a token £1 per month payment and tried to settle the debt at 20p in the pound - they told me to get stuffed.

 

I received a County Court Claim from Northampton but was already past the 14 days to acknowledge and so was unable to defend.

 

I now have a charging order from a court on the other side of the country.

 

I believe that I should request a set aside for both cases, is this the correct course of action?

[Tingy]

I would say yes.

[ConsumerMark]

hi ford, thanks for the advice on the n244 - I am almost ready to send this but have tied myself in knots reading different topics on this site.

 

I have to say that my local citizens advice were not helpful despite their best efforts. the specialist was basically a debt councilor who advise me about different payment plans and options and i dont think that this will help me here.

 

I will contest the CCJ on the basis that I didnt recieve it in time. I did actually do an acknowledgement online before I realised the dates.

 

Im told that not recieing it is just the standard cop out that everyone tires it on with and that it will usually get laughed at by the court and wastes the £75 - is this true?

[Tingy]

I have no prsonal experience of this so am not best placed to advise you, but I would imagine it would depend on the evidence you have. If you have the original letter and envelope with a postmark that is after the 14 days, they can't really argue with you!

[the_shadow]

You can apply for a set aside via the N244 application form found on the hm courts website, fill it out online and print.

 

You do need to ask yourself if you can defend this claim tho, an alternative is to seek apply for a redetermination which will hopefully set payments at a level you can afford, you'll have to provide an I&E to the court to back up your claim you cant afford the amount they are asking you to pay etc.

 

S.

[ConsumerMark]

Thanks for the help, really appreciated.

 

Im not sure that the charging order will go through as the debt isnt enforceable, I have little or no equity and have larger debts that will probably take priority.

 

Do I acknowledge the charging order and apply for local court or am I also setting this aside on the grounds of a request to setaside the CCJ? (sorry if im getting mixed up here)

[the_shadow]

I think you need to prepare yourself... you have a CCJ against you thus the creditor is entitled to their money in the eyes of the court,

 

 

the interim charging order will be granted straight away on application and a hearing for the final charging order will be set,

it is then you will have to argue why it shouldnt be made.

 

 

You will not be able to say that the debt is unenforceable without setting aside the previous CCJ.

 

 

All the judge will care about is that there is a judgement debt and that the charging order is just in his opinion, if he thinks it is then he will grant the final order.

 

S.

[ConsumerMark]

I understand this won't be a walk on the park but it doesn't seem just that they can turn an unenforceable debt into a secured debt because of the post.

 

Are you saying I have little or no chance? Or am I going about it the wrong way?

 

I'm very confused about the dates.

 

The cca was granted in Northampton in December.

 

The charging order was granted in February with a follow up on April. I cannot see what it is I need to acknowledge as this is all from their (in house) solicitors and nothing from the court.

 

Any help with set aside and charging order gratefully accepted!

[the_shadow]

Your misunderstanding me.. I'm saying that at this moment in time you cannot fight the charging order because you already have a CCJ against you, the judge will in all likeliness rubber stamp the final order within 10 minutes of the hearing started.

 

What you need to do is to apply to set aside the CCJ and then the ball will start rolling and so long as you get the set aside the CO will be removed for now. You will go back to the stage of being able to defend the claim but as I stated previous CAN you defend the claim.. on what basis.

 

I'm not sure if you are aware of the test cases and enforceability but might be worth you looking up McGuffick vs RBS, Carey vs HSBC

 

S.

[ConsumerMark]

Shadow, I assume that the set aside will usually be granted on basis of non receipt and you are questioning if I can defend the CCJ?

 

On the test cases, my understanding is that the debt will still stand (and I am not trying to avoid paying). However an unenforceable debt will be paid on slightly more palatable terms and for example they cannot force the issue and cannot sell my house?

 

The n244 looks daunting for me, I contacted Northampton court who told me that they cannot help with a set aside and I should contact the court dealing with the charging order. If anyone can advise with regards to the set aside, Id be really grateful!

[the_shadow]

Shadow, I assume that the set aside will usually be granted on basis of non receipt and you are questioning if I can defend the CCJ?

 

Yes although you will need to get your skates on, there are implied time limits to applying for a set aside of a verdict (even by default) when the defendant becomes aware of the misjustice.

 

On the test cases, my understanding is that the debt will still stand (and I am not trying to avoid paying). However an unenforceable debt will be paid on slightly more palatable terms and for example they cannot force the issue and cannot sell my house?

 

Possibly, although the same could be said with a request for a redertimination of the CCJ award, as for the charging order... unless this is a small amount the judges would normally allow a claimant to secure the debt against the property even if you were being allowed to repay at a set amount monthly.

 

The n244 looks daunting for me, I contacted Northampton court who told me that they cannot help with a set aside and I should contact the court dealing with the charging order. If anyone can advise with regards to the set aside, Id be really grateful!

 

No I'm afraid the courts will not aid in filling out any applications....

 

Basically you are seeking a set aside of the verdict given by DJ xxxxxxxx in county court xxxxxxxxx, case ref xxxxxxx on xx of xxxxxxxx 2010, the reasons for your request to set aside are that you didnt receive the actual court claim until after the 14 days to respond had passed.

 

This site is a self help site with a mixed bag of volunteers who try and keep threads progressing I would suggest you search in the legal forum (the one this thread is posted in) and look for anything that has in the title something along the lines of "Set Aside".

 

S.

S.

[ConsumerMark]

One question I can't find (not for lack of trying) should oli have received some sort of notification of the judgement or did the case get heard and only the bank got notified? I see nothing online or in the post???

[the_shadow]

I'm very confused about the dates.

 

The cca was granted in Northampton in December.

 

How did you get notification of this??? was it by post or when you phoned the courts in relation to the charging order?

 

The charging order was granted in February with a follow up on April. I cannot see what it is I need to acknowledge as this is all from their (in house) solicitors and nothing from the court.

There is no notification from the courts on an interim charging order as far as I'm aware, you'll be sent a letter by the land registry to notify that a temp charge is in place I believe.

 

One question I can't find (not for lack of trying) should oli have received some sort of notification of the judgement or did the case get heard and only the bank got notified? I see nothing online or in the post???

 

S.

[the_shadow]

This is a Looooonnggg thread but it contains some really useful info...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?203298-A-guide-to-Charging-Orders-amp-Orders-for-Sale(1-Viewing)-nbsp

 

S.

[Guest]

consumer

to clarify, are you saying that you haven't already done an n244 re the application to set aside the CC J? as you stated in your post #5?

[Guest]

..

Edited March 24, 2011 by Ford
duplicate post deleted

[ConsumerMark]

Hello Ford, I was seeing a specialist who was supposed to hlep me with this, I took all the documents but it was a bit of a mix up and the debt specialist was telling me about my options and what I can do, basically iva, bankruptcy, payment plans etc. He said that the route I was going was high risk and not something they can help with.

 

Im still reading up on here about how to do this, found a few good threads but a lot to take in.

 

Northampton Court have told me to send the set aside to the court dealing with the charging order (who are on the otherside of the uk). The other court have said the opposite so Im confused. I also have recieved no judgement or any details so not sure if I am missing vital documents?