1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****

[DonkeyB]

I think you must take a tougher line on this. The court order said you were to receive a copy of the statement.

 

Have you phoned them (ie. the claimant) and asked why they have not sent the statement to you? If you can, record the call. It is probably their intention to swear blind to the court that they have sent it.

 

Depending on the response, you must email or write to them (hand deliver?) a very strongly worded letter making clear they are in breach of the court order, that you are severely prejudiced by this, and that you will not hesitate to request a further court order to force them to disclose the information which will incur extra costs for them.

 

Copy all this correspondence to the court.

 

And get an N244 ready to request a court order to force them to comply – sometimes an N244 is the only way a court will take such issues seriously.

[Signaller]

Thank You DB for taking the time yet again to reply.I haven't phoned the Claimant or written to them recently.Even if I did now, and they did comply, I don't think there would be enough time before Thursday. As I said earlier, I have made three seperate requests for the statement, amongst other things, and for whatever reason they have not complied.They have even been ordered by the Court, and still refuse, so I doubt they would send one now.I have to go niow, but will pop back in later today. Thank You once again.RegardsSignaller

[DonkeyB]

In which case you have made plenty of effort – I would suggest again a further N244. The court cannot ignore it, especially as you have the hearing in three days’ time. You must treat this with the utmost urgency now.

 

But I suggest to make clear to the claimant, just after you have issued the N244, that you have done so, and you fully expect their failure to comply with the court order to mean that they bear the cost of the application.

 

The application should request, inter alia, that

 

(a) the claimant do be forced to comply with the order of Judge XXXX of XX/Xxxx/2011, failure of which will result in strike out of the claim and costs to the defendant (effectively an ‘unless’ order);

 

(b) the hearing be adjourned to enable the defendant to file a proper defence, as the non-compliance by the claimant with the court order has severely prejudiced your ability to enter a defence.

 

© Costs in the application (to be paid by the claimant).

 

In your preamble, state clearly what the court order was, and how they have defaulted.

[Signaller]

I swear that if I didn't have bad luck, I would have no luck at all.But life is what it is and we must deal with whatever comes our way as best we can. My heartfelt and sincere thanks go out to all of you who have helped me so far.

I have spoken with a Court staff member and was advised that as the hearing is so near (tomorrow) I am to explain everything to the DJ (thats assuming he/she will let me). I will have an N244 ready to submit, unless the DJ further orders the Claimants compliance.How many chances are they to be given. Anyway, I will post again tomorrow as soon after the hearing as I can. Thank You all once again.

 

Regards

 

Signaller

[caro]

Fingers crossed for tomorrow sig. I hope it goes your way.

[DonkeyB]

Good luck. Stick to your guns – and tell it as it is. If they turn up, be prepared for them to tell fibs, and if they present any documents they claim to have sent to you, make it absolutely clear you have not received them and demand an adjournment with costs against the claimant for failing to fulfil the court order.

[Signaller]

Well it's good news, sort of. The DJ today actually listened to what I had to say.Claimant didn't attend again.No surprise there. Anyway, he said he would allow the Set Aside with one condition.That is that I submit a defence by 4pm on 17/11. The DJ gave me a copy of the statement that the Claimant should have sent me.Going to have a good look over it this afternoon.I may need some help with my defence.I cannot scan the statement here but will try later today or first thing in the morning. Thank You yet again to everyone who has helped me to date.RegardsSignaller

[DonkeyB]

Good. Look forward to seeing their statement.

[Signaller]

Hi, been very busy over the weekend but have gone through the statement the DJ gave me.Haven't been able to post it up, and can't do it at work.There are charges for calls allegedly made and letters allegedley sent to me (£12 each call and letter). None of them match up with what they sent in their part response to my SAR. I did receive some calls, but not as many as they are claiming, and I have received no letters at all. Bear in mind that they have been aware of my correct address at all times. They claim they sent me a statement as well as to the Court but they have not.They e mailed the statement to the Court but not to me. They are aware of my e mail address also. I can find many faults with the statement, and I will attempt to deal with it in my defence letter.Can they add 'penalty interest' after judgement is awarded for them, and after the AoE was granted in their favour? The ammount varies between 90p and £5.18 each time.Some months it's more than the previous charge, some months it's less. It looks to me like someone has attempted to produce the statement from memory, rather than from facts. There is plenty of time before I have to submit a letter and defence, and would greatly appreciate any furthwer comments/advice.Thank You.Signaller

[DonkeyB]

Are there any T&Cs which state they are allowed to add charges? It would really help if we could see the documents.

 

Have you checked the alleged dates to see, for example, if they have sent letters on a Sunday? Often mistakes are made when documents are, er, created after the event.

 

Compare the dates they claim letters and documents were sent with the actual letters you were sent.

 

An SAR should have uncovered details of all letters and calls –*how can they charge for a call or letter if its content or occurrence is not recorded on their system?

[DonkeyB]

Does it actually say ‘penalty interest’?

[Signaller]

Sorry DB, system went down at work here. I have received no letters at all from them.How can they charge for letters they claim they have sent.I won't lie to you or anyone.I have received no such letters from them.They have sent no T&C's in their part response to my SAR.The statement says there was a returned D/D on 24/12/2009, and a payment on 25/12/2009. The statement shows 'penalty interest' applied to the account firstly on 06/04/2010 and then on 06th of every month up to 06/06/2011.They obtained the initial judgement in February 2011, and continue to apply 'penalty interest'.I did say I have received no letters from them.I did actually receive a loan offer from them in December 2010.This letter is not logged in their response to my SAR.I also received a letter in January 2010 threatening a doorstep vist, but this letter is also not logged in the SAR or the statement.I did receive a 'Notice of Arrears' letter about 7 or 8 weeks ago.This is not showing on the statement.These are the only letters I have ever received from them.I will dispute the charges, that's the easy bit.Whether the next Judge believes me remains to be seen/heard.Thank You yet again for taking the time to reply.RegardsSignaller

[DonkeyB]

Penalties are unenforceable at law.

 

THEY OFFERED YOU A LOAN? JESUS! Totally against OFT guidelines – they cannot encourage you into more debt to clear a debt – especially a disputed one.

 

I think maybe you should be writing to them, and copying the court, to demand copies of letters and details of calls that were omitted from your SAR. Advise them you will be sending the letter to the court, and ask why copies were not included in their SAR response. Tell them that failure to comply within three days will result in an application to the court for them to produce the documents, on pain of strike out, and a complaint to the ICO.

[Signaller]

Thank You DB for replying again, and so quickly. Unfortunately I have to log off now, as I'm due to finish my shift. I'm not online at home so will try to get to the library this afternoon.If I cannot get online again today I will be back on early tomorrow morning.RegardsSignaller

[Signaller]

DB- you say penalties are unenforcable at law.Can you explain this for me please. The statement does indeed state 'penalty interest'. Some months it's more than the previous month.Others it's less.It looks to me like the statement they sent to the Court has been made up 'after the event' so to speak.I have a few more days before I have to submit my defence.It's nearlly done.Just need to type it up.I would be grateful for any further comments.RegardsSignaller.ps: Is andyorch still around?

[DonkeyB]

Can we see a scan of what they sent you? There’s a chance we may spot things you haven’t. Don’t work blind, or on your own! How can we put it into context otherwise?

[Signaller]

Thank you DB for replying again.Unfortunately I cannot scan it here at work but I will try the library in the morning.I am not online at home so cannot do it from there either.Forgive me if you've answered this before, but can they continue to apply interest after judgement is obtained.Thanks again.RegardsSignaller

[DonkeyB]

Only if the T&Cs allow for it or the judge allows it – but it’s a disputed debt anyway.

 

Ask someone to photograph the statements and email the images to you!

[Signaller]

I will dig out what they sent in their part response to my SAR.I don't remember seeing any T&C's, but will check anyway.I'm sure I can scan the statement at the library but cannot do it until tomorrow morning.I haven't deliberately left this until the last moment, although it may seem like it to you.I have had other issues to deal with lately but can now concentrate my time on this. There are still a few days left to submit something to the Court.Thank You.Signaller

[DonkeyB]

No problem – just want to get as many Caggers’ eyes on it as possible. We’re good at dissecting made-up documents. People who do naughty things usually make silly mistakes.

[Signaller]

Bear with me.

try these linkshttp://i1122.photobucket.com/albums/l535/Signaller1/1.jpghttp://i1122.photobucket.com/albums/l535/Signaller1/2.jpg

[DonkeyB]

Too small – can you use photobucket.com, or post inline as PDFs?

[Signaller]

[Signaller]

Sorry about that.Had to get help from someone.Hope you can make sense of it.Have to log off now, but will be back on after lunch.Signaller

[DonkeyB]

Lots to go on here, signaller, especially as this balance includes charges up until June 2011! Also, the rate at which 'penalty interest' is charges appears to vary – initially low, then increasingly higher rates during early 2010. I’m thinking the sums aren’t adding up in some way, but need to analyse.

 

 

Couple of questions:

 

What was the judgment balance? £1,003.44

 

How much exactly did they claim on the claim form? £943.44 + £60 costs

 

When exactly was the claim form issued? 11 Feb 2011

 

Can you post the T&Cs they sent to you as part of the SAR?

 

 

 

EDIT: Answered some of it myself

Edited November 15, 2011 by DonkeyB