Shelley v Associates (Citi)Judgment awarded but Citi apply for S/A ***ONGOING***

[Shelley181146]

Hello Andy,

 

You are correct, this is my N244 application to request the Set-aside hearing be relocated to my local court as I am unable to get to London and, as you say LiP.

 

I am happy with the above bar one thing. Should I attach a Statement of Case as mentioned earlier by Martin? Would it help?

 

What is the likelihood of this application being successful?

 

Sincerely appreciate your input on this matter.

 

Regards

Shelley

[MARTIN3030]

Hi Shelley,there is no need for a statement of case here as the draft will suffice.

As you know,a CCJ for a bank is very serious,so unless they pay up pronto you can be certain they will turn up.

You know how slippery Citi are and traditionally have made Houdini look a novice.

They are likely to argue on the basis that they did not get the paperwork (as they have said many times in the past)

They have used every excuse known to man so I dont think there will be any new ones.

Will be interesting to see what arguements they have..and if they can convince the Judge of course.

I will re title the thread here-its long overdue.

[AndyOrch]

Hi Shelley as Martin states there is no need to attach anything further apart from the Draft.You have no case to argue you have judgment and are now just requesting execution of said judgment.

Agreeing with Martin there is very little wriggle room left here and I am sure this will be dispensed with very shortly.

 

Regards

 

Andy

[Shelley181146]

Hi Shelley as Martin States there is no need to attach anything further apart from the Draft.You have no case to argue you have judgment and are now just requesting execution of said judgment.

Agreeing with Martin there is very little wriggle room left here and I am sure this will be dispensed with very shortly.

 

Regards

 

Andy

 

Thank you everyone for your help and guidance on this. I needed your strength to keep me focused and I sincerely appreciate it.

Will get this off today and let you know how it goes.

Virtual hugs guys :-)

Regards

Shelley

[Shelley181146]

Just a quick update.

I faxed N244 form and supporting evidence over to the CCMCC on Tuesday, and my contact has acknowledged receipt but has yet to clarify that it satisfies their requirements.

 

Just a matter of waiting now. Tick, Tock.

 

Shelley

[MARTIN3030]

Yes good.

[Shelley181146]

I'm not sure what planet I was on the other evening when I read your post but I have just read it again and realised you have changed the title.

Yes, it was overdue and thanks for doing that.Might attract new visitors and help new claimants with theirs.

 

Cheers

Shelley

[MARTIN3030]

Lol yes it was a late one as you can see it was done at 4.14 am in morning.

Actually was meaning to change it a few times but got sidetracked as you do.

[Shelley181146]

Martin you mustn't burn the candle at both ends, it will catch up with you. I use to do those sort of hours but not anymore

[MARTIN3030]

I manage it quite well.Yes it does catch up with you.

Must get a digital aerial for the telly in the bedroom....ha ha

[Shelley181146]

I spoke to my contact at the CCMCC yesterday (Friday) who advised me that I will be receiving documents in the post shortly.

 

I have received a response today but it's messy - Why, I hear you ask?

 

Because the silly idiots in a Southern Court have sent me a Notice of Hearing of Application (N244A) and get this - to attend the CCMCC in Salford in December at 2.20pm.

 

Now for those of you who may not be aware - there are NO facilities at Salford to hear cases.........

 

My contact at CCMCC advised me yesterday that they have spoken to the Southern Court for over an hour to get it sorted and so now the Southern Court have to present the file to a DJ to make a decision as to whether my application for a local hearing can be accepted or whether it will be heard in the Southern Court, which will cause me extreme difficulties & additional expense. Either way, I won't know for at least 10 days and it has got every chance of going into the New Year before a hearing takes place!!!

 

Within the paperwork received today it does have a WS from the Defendant's Solicitor - will it help if I can post these details?

 

Does anyone have any thoughts on this please?

[MARTIN3030]

Yes I remember the old Salford Court closing about 2 years ago.

Yes it is a mess,obviously it has not been looked at properly.

There could be a positive in that you might get a date before new year in your local Court,depending how busy they are.

Would be a good idea to post up their WS.

[Shelley181146]

Thought you might say that - I have just finished typing it up (word for word)

 

I think they are trying to say they didn't receive my Claim - lame excuse.........I have recorded delivery receipt to prove it was received.

[MARTIN3030]

Hmn my first thoughts are how poorly written the WS is.It looks like it was written by a trainee !!

Limitation-this is usual response.

Charges are not penalties-again usual.

Actually I recall an old associates claim in which the Claimant was sent by the then Citi legal wrag Brian Smith a letter which referred to the default fees as a penalty charge.I think it was Gizmo's case.

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/showthread.php?18681-Gizmo111-V-Citicards**PAID-AFTER-BALIFFS-VISIT**

 

In this thread their legal team refer also to "Sanctions"

This was in the days Citi were asking the Courts for "Secret Hearings":lol:

[Shelley181146]

Hmn my first thoughts are how poorly written the WS is.It looks like it was written by a trainee !! It was - It is a Paralegal

Limitation-this is usual response. I expected this

Charges are not penalties-again usual.

Actually I recall an old associates claim in which the Claimant was sent by the then Citi legal wrag Brian Smith a letter which referred to the default fees as a penalty charge.I think it was Gizmo's case.

 

I am just astounded at how sloppy the legal profession are - including the courts, dare I say?

[slick132]

Hi Shelley,

 

This is a joke !! (but not a funny one)

 

If your experiences are anything to go by, the "new CCMCC system" is a shambles and I bet people have been put off by their frustrating experiences.

 

Whoever is responsible for this shake-up of the system should be ashamed !!

 

[Shelley181146]

Hi Slick,

 

I am quite tempted to email the CEO again with my reserve of getting the press involved. It is deplorable!!!

[Shelley181146]

http://www.consumeractiongroup.co.uk/forum/showthread.php?18681-Gizmo111-V-Citicards**PAID-AFTER-BALIFFS-VISIT**

 

In this thread their legal team refer also to "Sanctions"

This was in the days Citi were asking the Courts for "Secret Hearings":lol:

Hi Martin,

I have read through Gizmo's thread and can't locate any documents that refer to 'sanctions' so I presume they have been removed?

It proves that Citi are still using the same old tac-tic of saying they haven't received the Claim.......

[MARTIN3030]

Re: Gizmo111 V Citicards

 

Hi all,

 

I have received the following response from Citi, t

he bit about not actually paying is rubbish as I have paid to date £400 to hillesden. Not really sure weather he is withdrawing his offer of £312 direct to hillesden or not, so I will have to ring around tomorrow and see if it has been paid or not, before I issue claim. Still no mention of removing default, so Iguess I add that requirement on to my claim? Any advice/thoughts on response welcome. Thanks.

Thank you for your letter of 31st July. I note the point you make, however, unfortunately my client is unable to meet your demand as your total indebtedness to Citi before the account was closed and the debt was sold was £870.65. accordingly , my can and will legitimately will claim as defence that you ever actually paid the sum of£708.84 or even the £600 actually charged into your account. Moreover, to pay you as you suggested would imply that your continued breaches of contract with my client, some 24 in total,

should simply never of attracted any sanction whatsoever.

Is that really a tenable position for a bank to do business upon when agreeing to lend money to its customers?

[MARTIN3030]

Yes they did this a lot in the early days.

I think there was a registered office listed in Castle Street Reading.Many sent docs there,but they then claimed they should have gone to Canary Wharf.

I had a warrant issued to Reading only to have to send it back to the Court after the HCEO said they could not enforce it there.

There was another case of their non response to Court docs in which they blamed on a new security guard at Canary Wharf who redirected the mail.

I often thought they had someone working for them who devised all these excuses since there were a lot of them.Some of them you could not even make up....but they certainly had no problems.

[Shelley181146]

I owe you an apology Martin, sorry.

 

I did read through the whole thread but I was expecting to find it on a document loaded as an attachment.

 

Now to sound abit girlie, " should simply never of attracted any sanction whatsoever". How can I use that?

[Shelley181146]

I have received a large envelope with just two pieces of paper in it.

1) Notice of Transfer of Proceedings (N271) which advises "as a result of an order made on xx October, this claim has been transferred to the xxxxx xxx court" (my local court)

2) General Form of Judgment or Order (n24) which advises "It is Ordered that 1. Application to set aaside judgment transferred to xxxxx xxx court" (my local court)

 

Both these documents are dated a week before the date at the top of the documents which means that it has taken them two weeks to get to me.

 

Is it me or is the legal system just run at tortoise pace all the time?

 

Should I be chasing this up at my local court or be patient a little longer?

[AndyOrch]

Hi Shelley

 

Your Local CC should now confirm the dates on completion of the transfer.

 

Regards

 

Andy

[Shelley181146]

Thanks Andy. I will pop in tomorrow as I will be in the vacinity