1st Stop and AoE by the old address judgement trick - help to set aside please ****Claim Withdrawn****

[Signaller]

Thanks for clarifying that for me.I have never,at any time, received a DN either.The paperwork from the Court may be waiting at home for me. If it is I will post again tomorrow.I wonder if they will turn up next time.They knew about the Set Aside hearing, and didn't.With regards to the PM. Maybe I was being paranoid.Regards..Signaller

[Signaller]

Received more paperwork from the Court.At the first hearing the DJ said he would order the Claimant to serve myself and the Court with a detailed statement by a certain time and date.But in the paperwork received over the weekend it states:IT IS ORDERED THAT1. The application to set aside the judgement be adjourned to a date to be notified after 19/09/11.2. The Defendant to file and serve a detailed statement of the Claimants account by 4pm on 12/09/11.I thought that the Claimant was to file and serve the statement.Because I have applied for the Set Aside, am I now the claimant and they are the defendant.As you know, they have ignored three seperate requests from me for a statement (amongst other things). The letter also notifies me of a date for the next hearing which isn't until November.As usual, I would appreciate all your thoughts and comments.Thank You.Signaller

[AndyOrch]

You are the defendant Sig looks like he wants a WS/Statement of the account and why you wish to set a side (mini defence)?

Hes making you work hard for this.

 

Andy

[Signaller]

Thanks Andy.As always, your comments and advice are greatly appreciated.The DJ said he would order the Claimant to provide the Court and myself with a detailed statement.I wonder if I have misunderstood something along the way. Does the DJ want an actual statement of the account, or a statement of why I want the Set Aside, or both.It has already been explained why I was applying for the SA, on the N244.I can't provide a statement of the account because they refuse to send me one.If I have to provide a WS/Defence, I only have until 4pm next Monday.I know you're busy helping others but can you please advise my next step.Thank You in advance.RegardsSignaller

[AndyOrch]

Thats the way I interpret it Sig if you would rather type out the General Order verbatim.If that is the case you need to prepare

a WS in your defence and support your application by the 12/09 serve a copy on the Claimant also.Not in any great detail wrong address, CCJ unaware, A o E correct address, incorrect figure etc. It is obvious that the Claimant is being being obstructive in allowing the S a S from the response you have received and the DJ attitude.

 

Regards

 

Andy

[Signaller]

Thanks Andy for taking the time yet again to reply.The order is as stated in my post #177.Am I right in thinking that I now need to compose a letter to the Court detailing my reasons for applying for the SA, with copies of letters sent/received.Would this count as a WS,and is there anything specific I need to mention.RegardsSignaller

[AndyOrch]

Thanks Andy for taking the time yet again to reply.The order is as stated in my post #177.Am I right in thinking that I now need to compose a letter to the Court detailing my reasons for applying for the SA, with copies of letters sent/received.Would this count as a WS,and is there anything specific I need to mention.RegardsSignaller

 

Correct you compose a WS, be careful though reasons to set a side and reason to defend are worlds apart.

 

 

Andy

[Signaller]

I will get on with it tomorrow, as I'm due to finish work soon.The reasons for the SA are clear.As they still have not complied with my SAR I am finding it difficult to prepare a defence.I will have to log off soon but will pop back in tomorrow morning.Thank You so much for your help so far.RegardsSignaller

[AndyOrch]

Only one reason to set a a side is needed, served on the wrong address and you was unaware until the AoE was filed

miraculously at the correct address:???:

[Signaller]

I have it in mind what to put in the WS, and will start it this morning.Regarding the defence, the claimant has still not sent me a statement, amongst other things I asked for.They say they agreed to lend me '£x plus interest and charges'.I did not borrow £x, and certainly did not sign to agree to what they claim.I'm not sure how to prepare a defence on this, if I can at all.I'll start on the WS now, and pop back in later this morning.Signaller

[Signaller]

I've written a WS but will have to get to the library later today to print it out. I can't see how I can defend this without the Claimant complying with my SAR.At the first hearing the DJ said he would order the Claimant to supply myself and the Court with a detailed statement by 4pm on 12/09.But on a copy of the order it states that 'The Defendant to file and serve a detailed statement of the Claimants account'.Thinking about it overnight and this morning, I wonder if someone has made a mistake.Will phone the Court as soon as they open and will post again.Getting concerned now, because I am away after tomorrow until Monday, so if I do indeed have to file anything at Court I will have to get it in by tomorrow lunchtime.Signaller

[citizenB]

I dont think you will be able to use non compliance of your SAR to enter a defence? If they have not complied with CPR requests then that is a different matter.

 

If the time is past for compliance with your SAR, then you can actually issue a claim against them for non compliance.

[Signaller]

citizenB - thank you for taking the time to reply. I thought that I could not send a CPR request, as they had already obtained Judgement by default.I never received the initial claim as it was sent to the wrong address.I only became aware of any action being taken against me when I was notified of the AoE order. I have a few valid reasons to be able to have the judgement Set Aside, but it appears the DJ wants to see that I have a defence as well. I obtained a copy of the Claimants application from my local County Court and they only mention the agreement in the PoC.What they say the lent me is wrong.I do not owe what they claim. that is why I sent a SAR. Without their compliance with my SAR I cannot submit a defence.andyorch - I have just came off the phone to the Court. The copy of the order I received is indeed wrong. It is the Claimant that should have been ordered to supply a detailed statement to myself and the Court. They are sending an ammended order out. I asked if I need to prepare a defence and was told that the hearing is for the Set Aside, although it would do no harm to my case if I had one prepared for the day.I have to defend this, as what they claim is wrong.The hearing is now set for 03/11. I would appreciate some help on how to prepare a defence, as I'm finding it difficult to prepare one without their compliance.Regards..Signaller

[AndyOrch]

Type up their P.o.C then Sig verbatim.Im sure we can rustle a short defence from their S o C.

 

Regards

 

Andy

[Signaller]

1st Stop Financial Services Limited agreed to lend the defendant £952.50 plus interest and charges on 22/06/09.This agreement was in writing.The defendant has failed to make the repayments on the loan.Customer arrears are £762.40.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 25/12/2009 to 10/02/2011 on £943.44 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.55._______________________________________________________________________________________________________Thats exactly as it says.RegardsSignaller

[AndyOrch]

Many thanks Sig, ok now we wait for the compliance re statement, don't worry about DSARS/CPRS for now, they wont comply,

have you ever requested a Section 77/78 in this matter? If not do one today worth a £1, lets see what response it gets?

 

I can draft a short defence in reply to that P.o.C the day before your hearing, so allay your fears.

 

Andy

[Signaller]

Thanks for the quick reply again Andy. I did not make a s77/78, as I was advised that because judgement and enforcement had already been obtained, they would not necessarily have to comply.I was advised near the beginning of my thread here.I was also advised that they must always comply with a SAR. Remember, I had received nothing at all and was not aware of any action being taken against me until I received the notification of the AoE order.Thank You once again.RegardsSignaller

[AndyOrch]

Whilst that may very true once a judgment is in place, these clowns dont appear to know one end of a CPR to CCA.

I would suggest you try it for the sake of a £1, the results may be interesting.

 

Andy

[Signaller]

I'll get on with it later today Andy.As you say, it may be interesting to see what, if anything I get back.Can I request DN/TN etc in a s.77/78.Regards..Signaller

[AndyOrch]

I'll get on with it later today Andy.As you say, it may be interesting to see what, if anything I get back.Can I request DN/TN etc in a s.77/78.Regards..Signaller

 

No only the agreement and a statement(s)

 

Andy

[Signaller]

Hi,

haven't posted for a while, as there was nothing to tell. The Claimant was ordered to file and serve a detailed statement by 4pm on 30/09/11. Have just came off the phone to the Court, and they have received nothing. They were supposed to send one to me as well but I too received nothing. Shall I just wait until the next hearing (03/11/11), and is there anything I should/could be doing before then. Thank You.Hope everyone is well.

Regards

Signaller

[DonkeyB]

You could apply for your set aside to be entered as they are in default of the court order.

[Signaller]

Thank You, DB, for replying.Would that be a separate application or do I bring it up at the hearing.

 

Signaller

[DonkeyB]

Problem is, your judge is clearly a bit of an odd one. Even if it got back to the stage the claim was issued, they would still need to come up with the docs.

 

What exactly did the court order state?

[Signaller]

Sorry, got sidetracked just then. The Order states:

 

 

1 The application to set aside judgement to be adjourned to a date to be notified after 19/09/11.

 

2 The Claimant to file and serve a detailed statement of the defendants account by 4pm on 30/09/11.