1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****

[Signaller]

Thank You so much Andy.I look forward to hearing your further comments/ advice tomorrow.Better get some work done.Thank You to everyone who has helped so far...Regards...Signaller

[DonkeyB]

The SAR is enough. What date was the address change logged on the SAR? Before the claim was issued? If so, Bingo!

[Signaller]

Hi DB.Your comments/advice are appreciated as always.The address change is logged as at 03/12/2009.Almost 15 months before they started proceedings against me.How do I use this to my advantage?Do I show it to the DJ at my hearing, or is it a seperate issue?I am going to contact the relevant bodies about the way this has been handled, but I thought it best to wait until after the Set Aside.What do you think? Thank You once again...Regards..Signaller

[DonkeyB]

It supports your set aside.

 

More importantly, it sets you up for making a massive complaint to TS and the OFT. The aim now, IMO, is to make them run for the hills and to discontinue the case. I believe their actions may have been quite deliberate and therefore vexatious. Need to clarify some of the SAR content.

 

I believe you should now reject the supply of data on CD, and demand the SAR to be fulfilled by printed documents. Ask also for clarification of the content of the missing documents and details of the actions mentioned in their logs.

 

Let's take 'em to the cleaners.

[AndyOrch]

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

[Signaller]

Thank You both for taking the time out yet again.I know there are other here who look to you for help/advice.We all appreciate the time and effort you all put in.I wish I could help others.At the end of my case I will be in a better position to do the same....DB-How do you get someone/a company to discontinue a case?I want to bring them to book for the way they have conducted themselves.I know there is a letter on here somewhere, reference non compliance with a SAR.I would be grateful if someone could point me towards it....Andy- the date for my hearing is set for 22nd August, and 20 minutes is allocated for the hearing.It doesn't seem much time for two parties to get their point across, and the DJ to make a decision.It's only 6 weeks away.I will be on most of tonight, but may have to log off and back on again as I'm at work.Thanks again...Regards...Signaller

[DonkeyB]

They will hopefully discontinue when they realise they have been caught with their pants down. Let’s get the set aside sorted first.

[Signaller]

I'm almost ready for the hearing.Seeing as the SAR was requested after Judgement was made against me, am I right in thinking I cannot use it at my hearing?If I can use some of the information they have provided, do I have to disclose it to them first, and the Court as well...I thought of sending the LBA because of their reply to my SAR, but should I wait to do that.I already have some proof they were aware of my correct address, but I want to conclusively prove it to the Judge, so there can be no doubt, and not give them a chance to try and wriggle out of it. I will not allow them to claim it as an admin error, if I can help it...Regarding an earlier question--if the Set Aside is granted, how can I possibly defend the claim (if it starts over again) if they still do not comply with my SAR.What they did send on the CD did not include DN/TN/Statement of Account/Any notes regarding legal action etc;There are more items not included.I don't see how I can successfully defend a claim if they will not/cannot send what I ask for.Or am I getting ahead of myself here.I do appreciate your help/advice, and am very grateful...Regards..Signaller

[Signaller]

I am going to write back to them requesting all the required information.Does it have to be a LBA or just a standard letter? Do I have to send the CD back as well.Am going to the library tomorrow to print off all the pages (86 in total) and have a closer look at them over the weekend.Id there anything else I need to do before the hearing?..Signaller

[Signaller]

Can someone please advise, if you have time.especially on my last two posts.Then I can go in to the weekend with a clear(ish) head, and see if there are any more surprises in what they've sent me.Thank You..Regards...Signaller...Have to log off now, but will pop back in tomorrow night.

[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

[Signaller]

Thanks Andy,your advice/help is appreciated as always.Went to the Court today because £*** was deducted from my pay. Was advised that CAPS were informed of the Set Aside application, but for some reason they have not advised my employer. Court has sent a letter to my employer to cease enforcement action until further notice.And I have to claim it back from CAPS before they send it to the claimant.They also repeated that they can only release details of what the claimant sent to them, on the orders of a Judge.I think this would have helped me.The only other way I could have got those details would have been through my SAR, but as you know they have not fully complied.How can I bring their 'abuse of process' to the attention of the Court?I was also told by the Court staff that if I want to use anything in the SAR to back up my Set Aside, then I have also to disclose it to the enemy as well.Doesn't seem fair to me....Regards...Signaller

[caro]

All information to be relied on in court has to be disclosed to the opposition, so they have to let you see what they have too. How would you feel if they came to court with info or a witness statement you hadn't had a chance to read.

 

Until you see the POC you aren't in a position to defend, so it's only the set aside you can do anything about for now.

 

Good news that the attachment of earnings will stop now.

[Signaller]

Thank You Caro.Your advice/opinions are valued and appreciated as always.Are you saying that whatever they are relying on at the Set Aside hearing (assuming they turn up), I must have access to it as well.They've been sent copies of what I submitted with my N244, by the Court.If I can ask one more thing please, what do you suggest I do regarding the lack of information in their reply to my SAR.Thanks Again...Regards...Signaller

[caro]

You could write and tell them what you believe is missing, and also for a breakdown of how much they believe that you owe them. After all it will be down to them to prove what they believe that you owe them in court, so you need this information to be able to deal with the matter.

 

Remind them that they have taken you to court but not given you any information about their claim, and part of your reason for the SAR was to try and find out about the POC, and the amount they believe that you owe. Tell them you are doing this to try and resolve the situation, but that you are seeking their co-operation in doing this.

 

Make it all very reasonable and co-operative so that later you can show the judge that you are being reasonable, and if they don't co-operate it will look bad for them. It could even help you if the matter of costs become an issue later on.

[Signaller]

Thank You for replying to me again, and so quickly too.I am going to go over what they have actually sent me (again) over the weekend, and will send another letter as you suggested.As I said earlier, I am confident about the Set Aside and it is largely down to the help and advice I 've received here.I have it in mind to take some form of action against them for they way they have conducted themselves, but will get the Set Aside out of the way first....Signaller

[caro]

One step at a time. The set aside is just the start of it, so if/when you get it you will have plenty to deal with.

 

Spend this time getting together all the information you can, learning all you can, and the best way to deal with things and build your case.

[Signaller]

Have sent a (polite) letter today asking for the missing information, statement of account etc; asking them to reply within 14 days.There seems to be quite a lot missing.I will deal with that later.As I said, and some of you confirmed, I probably have enough for the Set Aside.Will let you know if they reply at all to this letter...Regards..Signaller

[Signaller]

They've not replied yet, but I did give them 14 days from 12th July. Still time I suppose.But they have not yet complied with my SAR. I've been off for a few days on compassionate leave, although things are ok at home now. While I was off I went to my local County Court and asked if I could see the particulars of claim they submitted.I was advised that the claim was made online and that they just submitted a statement of case which reads '1st Stop Financial Services Limited agreed to lend the defendant £952.50 plus interest and charges on **/**/**. (This is wrong, as what they lent me was much less than this, and confirmed on the agreement they sent in response to my SAR)...I know I should concentrate my time and efforts on the Set Aside first, but not only have they misled the Court, they have also either lied or certainly made a mistake in the ammount they are claiming. Can someone please advise, or should I indeed do what you say and get the Set Aside out of the way...Thank You..Regards..Signaller

[AndyOrch]

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

 

Andy

[DonkeyB]

If the PoC is materially inaccurate, then any defence will be easier.

[AndyOrch]

True Donkey advantageous to have the PoC in advance.

 

Andy

[Signaller]

Thank You both for your quick replies.I did ask the Court staff about the particulars of claim and was advised that all that was submitted was the statement of case.They say that they lent me xx ammount on a certain date.The date is correct but the ammount is certainly not.Less than 5 weeks to go until the hearing (22nd August).They (1st Stop) must be aware that my Set Aside application will be most likely granted.I have proof that they were aware of my correct address, and there is proof they supplied the Court with the wrong address. Will be interesting to see how they explain this.Assuming they turn up.Thanks again for your time...Regards...Signaller

[Signaller]

I feel I'm ready for the hearing.Regarding their part compliance with my SAR,if/when the Set Aside is granted, and if the claim starts over again, would I have to SAR them again? I know it's not for a while yet, but I want to be prepared as best I can be. One more thing please if I may, if the Set Aside is granted, am I right in thinking I can only apply for costs if they start the claim over again, and I successfully defend it.Thankn You..Regards..Signaller

[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