1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****

[AndyOrch]

Return it and state you dont have the use of a CD Rom paper version will be acceptable:wink:

 

Regards

 

Andy

[AndyOrch]

Same can be said of them why not include the password with the letter? why need a password?

So you ring up and get in contact ...... send it back and threaten to involve the ICO.

 

Andy

[AndyOrch]

They would use the reason DPA so the password is separate, but then again what about paper versions.There a few companies that do use CDs

so there is no hidden agenda.The fact is you want a paper version .... end of.

[AndyOrch]

Is this still unresolved?

 

Andy

[AndyOrch]

Probably not enough detail to put in paper format Sig:madgrin:

 

Andy

[AndyOrch]

I ment not enough detail to fill an A4.In all honesty you shouldn't be requesting details vis a DSAR once litigation as commenced anyway.

If you cant get enough detail or response from CPRs then change tact there are more ways to skin a rabbit.

Who advised you to do a DSAR anyway?

 

Andy

[AndyOrch]

Thanks again Andy for your time.It was my idea to SAR them, and was advised I could at any time.Incorrect any Claimant would regard it as a fishing trip once litigation as commenced They wouldn't necessarily have to reply to a CCA request once legal action has commenced though.Oh yes they would and is the best way to put the Claimant in default and use in any defence This is what I am led to believe..If the set a side is successful (which I hope will be) then the claim starts from the beginning and the use of the CPR plays part.They have obtained the CCJ, and subsequent AoE via the back door (so to speak).I am confident the Set Aside will be granted, but how can I find out what I owe without a SAR.CPR If the claim is started over again, I must be allowed to defend it.You will I have asked in the past for a statement of account and received nothing. They must now comply I wanted a copy of the DN,TN etc; to help prove my case against them.They have not sent these.How would you skin this particular rabbit?...Regards...Signaller

see above

Regards

Andy

[AndyOrch]

Dont be confused its quite straight forward.Sig not having the benefit of your whole thread (only coming in at the CD DSAR if you let me

digest the full thread I will be happy to advise further tomorrow.

 

Regards

 

Andy

[AndyOrch]

Have you got a date for your set a side yet Sig?

[AndyOrch]

Hi Sig

 

Your hearing is not until August and a such you have plenty of time for preparation.you need to secure the Set a side firstly using what information you have gathered

wrong address etc.That is enough to secure and then let you redefend.Then your defence will be based on the incorrect amounts applied I imagine if you are successful in attaining said SaS then the DJ will require a defence sometime towards September.So prepare, research, plan, you ample time.

 

Regards

Andy

[AndyOrch]

Pointless working on any defence until you have something to defend Sig.

 

Andy

[AndyOrch]

True Donkey advantageous to have the PoC in advance.

 

Andy

[AndyOrch]

Hi Sig

 

No once the SaS is granted then the CPR comes into play.With regards to costs then yes you would be able to claim as you are now defending the matter but visa versa so would they!!!!.

 

Regards

 

Andy

[AndyOrch]

HI Sig

 

Thank you for the rep you are very welcome.Some recent threads on SaS,s the DJ,s have dispensed with preparation time to submit a defence and have accepted it at the the same hearing.So better start to prepare your defence now in readiness to this. CPR now you have a claim number .Costs start from the Set a Side in my book:wink:

 

Regards

 

Andy

[AndyOrch]

Hi Sig

 

Mounting a defence can be more simple than it appears.It doesn't need to be complicated.The fact the amount claimed is incorrect and can be proved could be enough.

After all would you sign and agree to an agreement were its states " you agreed to accept an offer of cash and interest and charges " why would you want to borrow charges? Why would you agree to an agreement of " Charges " surely you wouldn't borrow " charges " and then pay interest on them.

Forget the SAR if you have the agreement and know how much you borrowed less what you payed back plus what you defaulted on then you know roughly how much the claim amount should be.

 

The claim should have been defended initially you wasn't given the opportunity to defend for x y z reasons you therefore get your Set a Side.

Break the P.o.C down what did they claim, what did you breach, what did they send to allow you ro rectify the position. Dont try to build a defence from information that eludes you.Obviously a copy of the agreement and DN/NoA (if applicable) would be an advantage but in their absence you will have to prepare a defence blind

and base it on the wrong amount claimed.

 

Regards

 

Andy

[AndyOrch]

Have you ever actually requested a copy of the agreement Sig ie Section 77/78 request? From what you state looks like their retention of any paperwork is

minimal.Ok they dont have to retain copy's of the DN but must provide proof it was initiated and dispatched.They seem to evade your requests for statements and intentionally sought to not enclose it.They have issued proceedings and served them on an old address intentionally therefore abusing the process and misleading the court this is obvious because they did serve the AoE to the correct address.

Have you actually received the original PoC yet and what are the details and what documents do they refer to within the PoC agreement dated... DN dated ...?

Can you account for payments from your bank account statements?

Have you requested a copy of the judgment, date, which Court issued it and what was the payment instruction ie Forthwith?

 

Clarify the above Sig and we can move to the defence.

 

Regards

 

Andy

[AndyOrch]

I assume the warrant AoE is suspended then awaiting out come of your S a S application?

 

Andy

[AndyOrch]

Hi Sig

 

Im just posting this here because it will also be part of your defence and for my easy reference.

 

Filling in the Court Forms

 

If the creditor makes an application for an Attachment of Earnings Order, the court will send you a form to fill in called an N56. This asks you to fill in these details:

• name, address and number of dependants;
  
• your employer's details;
  
• your income and outgoings;
  
• any other credit debts and court orders that you have.
  

There is a section asking you to make an offer of payment that you can afford. You should fill this in and make sure you have included details of all your other debts and how much you are paying to other creditors. You can also ask the court to agree to make a Suspended Attachment of Earnings Order by ticking the box and filling in the reasons why you want a suspended order. This could be that you may lose your job or promotion prospects if your employer finds out you are in debt.

 

What happens if I don't send the forms back?

 

You must send the form back to the court within 8 days. It is an offence not to send back the form or to give false information. If you don't send back the N56 form the county court bailiffs will serve you with an order to fill it in. If you still don't contact the court then you will be sent a notice to go to a court hearing to explain why you have not given the court the information requested. You must go to this hearing. If you don't attend then the court can issue a warrant for you to be arrested and brought to court or even send you straight to prison.

You can be sent to prison for up to 14 days or fined simply for not following the court's instructions to fill in the form and go to the hearing.

Warning: if the creditor knows your employer's address the court can go directly to the employer and ask them to provide details of your earnings if you do not return the N56 form to the court.

 

 

I assume you completed the N56 Sig to enable the Claimant to execute the AoE? If not how did they get it through how did they know the correct address how did they know your employment details?

 

Something to consider.

 

Andy

[AndyOrch]

Quote" Andyorch-- I asked the Court staff why was the claim sent to my old address and the notification of AoE order to my correct address and was advised that they sent letters to whichever address 1st Stop gave to them. There was never any mention though of form N56 until you mentioned it. I have never received one, and wasn't even aware of one until your last post.The hearing is on 22nd August"

 

Hi Sig I haven't abandoned you.

 

My point re N56 and your statement above.You never received it or completed it or was questioned by the court for non compliance.

Strange how the claimants seem to rectify the address issue when it came to the AoE.

 

Also how did they know your employment details?

Good point raised by Caro if he pushes for your defence hopefully after you attain SaS, just request for time re preparation and CPR disclosure

 

Andy

[AndyOrch]

Hi to Caro and Andy, and thank you both. It's perfectfully clear how they were able to get the judgement in the first place, ie; by deliberately having the claim sent to my previous address. I have proof they were aware of my current address almost 15 months before they took action against me.They have only partly replied to my SAR, but there is something in it I can use in my defence.Do I have to disclose it to them beforehand, and do they have to disclose to me whatever they are going to rely on at the Set Aside hearing.No I have sent a second letter asking for the missing information but I do not expect they will send anything more.I am ready for the Set Aside hearing, and am confident it will be granted.It is largely down to the help/advice I have received here, and I thank all of you who have taken the time so far.If the claim is started over again, would there be a hearing for that too, and do I defend all, or part, of the claim.The only way to avoid a CCJ is to defend all (partial is a guaranteed CCJ) and yes there will be an hearing as the claim restarts again Remember, they claim they agreed to lend me '£952.20' plus interest and charges', when the actual amount I borrowed was much less, and as Andyorch said in an earlier post, 'who in their right mind would sign and agree to borrow £x ammount plus interest and plus charges?'.As I am at work, I can't always reply straight away, but will pop in and out until the end of my shift..Signaller

 

Andy

[AndyOrch]

Obviously you have touched a nerve but what this as to do with a DSAR request is beyond me.Now the door is open to possible settlement Sig why not reply after you have attained a SaS

and state you are prepare to negotiate and get them down to the true figure.Im sure they will accept to avoid possible further costs for the sake of £150.

Put an end to this matter and relieve you of the stress and possible further costs.?

 

Regards

 

Andy

Edited August 17, 2011 by Andyorch

[AndyOrch]

Cant do an application Donkey until the Set a Side as been attained.

 

Andy

[AndyOrch]

You could try CPR 31.16 as this is a pending set a side Disclosure before proceedings start you have enough evidence that they wont comply.

 

Andy

[AndyOrch]

Proceedings haven't started yet (technically) as your set a side is yet to be confirmed.CPR 31.16 is pre disclosure or you can just wait until your SaS is completed and then use normal CPR 31.

 

Andy

[AndyOrch]

A court may be inclined to exercise its power to strike out the whole or part of a statement of case is where that statement of case discloses no reasonable grounds for bringing or defending a claim. Such cases include particulars of claim or a defence which:

1. do not set out facts indicating what the claim is about,
   
2. those which are incoherent and make no sense,
   
3. those which contain a coherent set of facts but those facts, even if true, do not disclose any legally recognisable claim against the other party or do not amount in law to a defence to the claim, and
   
4. are vexatious, scurrilous or obviously ill-founded. In making the assessment, the court will assume that each of the allegations pleaded are true.
   

In this instance I would suggest it was a tad premature to make such an application I would however request the Claimant re-plead their Statement of case.

 

An application for strike out is usually on the ground of non-compliance with or breach of a rule, practice direction or court order will not be granted if other remedies are available, such as costs penalties, payments into court and interest at a penalty rate or conversely, loss of interest. Only in the most serious cases of non-compliance will strike out be suitable. In this case the Claimants P.o.C cant be considered to be are vexatious, scurrilous or obviously ill-founded and any application to SO would in my opinion be flawed.

 

Regards

 

Andy

Edited August 19, 2011 by Andyorch