HELP PLEASE!!!!! CCJ Set Aside Hearing

[cosy94]

yeh they said I couldnt confirm any info for DPA purposes.

[BRIGADIER2JCS]

Shame there is not enough time to do a SAR.

[cosy94]

do you think ill need all this inf t get it set aside???

[BRIGADIER2JCS]

Funny that as they have been sharing the data with DCa's etc.

[cosy94]

i know was a big shock when I discovered it as my credit file is clean.

[BRIGADIER2JCS]

May be not but it's always best to have more info than too little.

[cosy94]

yeh your right been really tough trying to get any info, its only through this forum that i found out who fv-1 are.

[cosy94]

Hi All,

 

Thought Id give an update, ive been to court & managed to get my CCJ set aside.

 

The judge was very nice & wasnt as bad as I thought it would be.

 

Ive been given a month to put up a defence.

 

Can anyone advise me what I should do next?

 

Do I wait to receive a summons etc?

[cerberusalert]

Ive been given a month to put up a defence.

I can't understand that because you've got nothing to defend until they resubmit an application.

 

Send the original creditor a SAR and tell them you will collect it from a local branch of the bank where you will provide evidence of who you are.

[cosy94]

So do I wait for another application to be served. Im so confused by all this & dont know what to do to sort it.

 

Just looked at a sample SAR request & it asks for account details which I obviously dont have, should I still do one of these?

[cerberusalert]

Send them this it'll be faster & free;

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) A Claim Form in this case was issued by you out of the (Name) County Court and was set-aside on

 

I confirm my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

Print name do not sign

[cosy94]

Thanks for that.

Should I send that to the Solicitor or HSBC??

[cerberusalert]

The solicitor.

[twofoot]

I don't understand what you are saying. Surely if it was set aside the judge wouldn't give you a month to find your defense. Are you sure it was set aside. When set aside that should be the end of it.

[cosy94]

Yeh im sure its been set aside, thats what I went to court for.

Surely there would only be 2 possible outcomes to a set aside hearing???

 

Maybe I should wait to see what turns up in the post.

[cerberusalert]

You really need to get your info from the bank because if they obtained a judgement against you & you were not the person they were chasing you can sue them for substantial damages.

[cosy94]

Send them this it'll be faster & free;

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) A Claim Form in this case was issued by you out of the (Name) County Court and was set-aside on

 

I confirm my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

Print name do not sign

 

Im just editing the letter you have kindly given me a template for im abit unsure what to put in the following paragraph

 

On (date) A Claim Form in this case was issued by you out of the (Name) County Court and was set-aside on

Obviously I know the set aside date but what date do I need to fill in about the claim form, is that the date of the original CCJ?

 

Thanks to all for your help, dont think id be able to get thru this without all the good advice on this forum.

[cerberusalert]

Obviously I know the set aside date but what date do I need to fill in about the claim form, is that the date of the original CCJ?

Yes.

[cosy94]

Thanks alot. Ill get the letter posted tommorrow.

[cosy94]

Hi, im hoping for some more advice regarding this.

 

Ive had no response to the above letter that I sent.

 

So I wrote my defence to the court on those grounds.

 

Ive now got another letter from the court saying........

 

The defendant has filed a defence. An allocated questionaire is enclosed which contains notes for guidance on how to complete it.

 

You must complete the allocation question on or before ***** and return it to the court office.

 

A fee of £40 is payable by the claimant on the filing of their allocated questionaire.

 

 

Can someone please tell what is happening with this?? Do I have to pay another £40??

 

Thanks.

[BRIGADIER2JCS]

THe Claimant pays the fees, if they win they claim them with their other costs.

[cosy94]

Im worried now as I cant afford to pay any costs if they win. Can I withdraw my defence?

[BRIGADIER2JCS]

IT it stands with the judge as to an order for costs and you can speak up in court, IF they win, a judge may see fit to make

no order as to costs,so each party pays their own.

So don't fret about it, if you win, and your costs are minimal it will be your choice to ask for an order or not.

It maybe that the claimant will accept the costs to brin a conclusion to the case, this is await and see situation.

[cosy94]

IT it stands with the judge as to an order for costs and you can speak up in court, IF they win, a judge may see fit to make

no order as to costs,so each party pays their own.

So don't fret about it, if you win, and your costs are minimal it will be your choice to ask for an order or not.

It maybe that the claimant will accept the costs to brin a conclusion to the case, this is await and see situation.

 

What do u mean by ask for an order? Im sorry I really dont understand any of this & am stressing about it all.

[cosy94]

Will this prompt a response from the creditor now? Will the court write to me for another hearing? Do I need to do anything or just wait?

 

Sorry for all the questions.