Backdoor Aktiv Kapital/Hagerty CCJ - merged old Barclays OD+Credit Card debt - How Do I set aside? ** WON WITH COSTS **+ campaign to shut them down

[Prudence]

As far as things to do, it all starts to hot up after the set aside with bundles, disclosures, stays and things! But that was just my experience, the other Caggers have a lot more experience than me!

[AndyOrch]

Disposal without a hearing

 

27.10

The court may, if all parties agree, deal with the claim without a hearing.

 

 

Setting judgment aside and re-hearing

27.11

 

(1) A party –

(a) who was neither present nor represented at the hearing of the claim; and

(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside(GL) and the claim re-heard.

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.

(3) The court may grant an application under paragraph (2) only if the applicant –

(a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and

(b) has a reasonable prospect of success at the hearing.

(4) If a judgment is set aside(GL)–

(a) the court must fix a new hearing for the claim; and

(b) the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside(GL) the judgment.

(5) A party may not apply to set aside(GL) a judgment under this rule if the court dealt with the claim without a hearing under rule 27.10.

Rules 27.12 and 27.13 are revoked.

[Prudence]

The brilliant Andy to the rescue again!

[sick of thames credit]

The brilliant Andy to the rescue again!

 

What am I missing ? Could I go for having the claim struck out in it's entirety at the same set aside hearing ?

[AndyOrch]

No SOTC you cant, but if the Claimant fails to show and the SaS is successful and they fail to follow any directions then yes you can then (post hearing if successful)

 

What you must clearly understand the hearing is to set a side the " Judgment " not the claim, so you attack this in a two prong approach ....set a side judgment and then defend the claim.

Sometimes depending on the reason to set a side, one affects the other IE the set a side wont be successful if the DJ considers your defence wont have merit but not if its a clear case of wrong address and bad service ( and you have proof the claimant was aware of your new address).

 

When you make your application to set aside judgment the court will fix a hearing date. Both you and the Claimant will have to go to this hearing. You will have to explain why you want the court to set aside judgment.

 

If the court sets aside judgment you will be allowed to put in a Defence explaining why you do not agree with the Claimant's claim.

 

The court will also give you a timetable to explain what you must do next. For example, you may have to tell the Claimant what documents you want to use to prove your Defence (CPR) and if you have witness(es) they may have to make statement(s) which you must send copies of to the Claimant.

 

Regards

 

Andy

[sick of thames credit]

Thanks andy, thought that was all to simple .

 

I'm 100% certain my claimant will turn up. I get the feeling I am being used as guinea pig for a new tactic. Take the most useless case you can find and force it through the courts using every trick in the book. I get the feeling they will see this one through to the end

[Prudence]

I'm not sure sick but I am sure Andy will come along when he has time and answer that for you. Pru

[Prudence]

Ignore my last post..... I was a bit behind.....P

[Prudence]

But you'll be ready for 'em Sick!!!!!

[sick of thames credit]

But you'll be ready for 'em Sick!!!!!

 

Found out a week before court case I was up against IND. So cue last minute legal trickery.

 

Anyway won with costs, judge not impressed with the stunt they pulled.

[Prudence]

WELL DONE and Congratulations SOTC!!!!

[ims21]

Well done

 

Thread title changed as requested

 

ims

[slick132]

Hi SOTC,

 

Do you mean you got the Set Aside and further proceedings will follow to hear the case.

 

[sick of thames credit]

Hi SOTC,

 

Do you mean you got the Set Aside and further proceedings will follow to hear the case.

 

 

No order for further proceedings, i.e. either party to submit claim/defence. but dont

know if that can stop them resurrecting the case at any point ?

[sick of thames credit]

No order for further proceedings, i.e. either party to submit claim/defence. but dont

know if that can stop them resurrecting the case at any point ?

 

Athough I'm certainly going to be proceeding with my own!

[dadofholly]

Great result SOTC - well done.

[PGH7447]

well done

[Happyhippy1959]

well done mate

[sick of thames credit]

Ok Time to update this, first thing my court appearance as I know this is very daunting for people doing it the first time and it helps to read about others experiences.

 

First thing, I was under the impression the court proceedings were quite informal, and consisted of the relevant parties sat around a table. How wrongIi was!

 

It was a formal court room, with the judge sat high up, with a large public gallery at the back of the court. There was no dock, but two tables in front of the judge with the claimant and defendant on separate tables. Think of an american court room you see on TV, it was exactly the same.

 

Opposite side decided to not turn up and had made written representations to the judge.

 

Judge was extremley hostile to me (I was last of about 10 cases that day in front her which involved DCA's, I get the impression she thought I was another bad debtor trying to wriggle out of his esponsibilities), either that or I had caught her at the wrong time of the month or her life.

 

She refused to accept that the N1 form had been sent to the wrong address, (she had written proof it had gone to correct address), things quickly deterioated with the judge, as I knew this to be 100% false and argued that the document she had was wrong.

 

She retorted to me "Are you claiming the court is falsifying documents ?", at this point I knew not to argue anymore and plans for an appeal were going through my head.

 

I was then asked if I had any other valid reasons the Judgement be set aside, I went to second line of defence i.e. this is not my debt. The fact she didnt ask and wasnt willing to see any of my documents I think meant she didnt accept it as a valid reason to set aside (As she had established service had been effective).

 

She was then in the process of summing up and it wasn't sounding good, "so therefore the judgement of" at which point she asked "what was the date of the judgement ?" as she didnt have the paperwork in front of her.

 

She asked for the judgement sheet which I handed to her, at which point she exploded "CAN I ASK WHERE YOU OBTAINED THIS DOCUMENT? THIS IS AN INTERNAL COURT DOCUMENT WHICH IS CONFIDENTIAL! THESE ARE NEVER MADE AVAILABLE TO THE PUBLIC"

 

The atmosphere was already hostile due to the earlier arguments, I thought I was going to be locked for breaking some unknown law.

 

I replied the court had sent the document (which it had). It transpired what I had handed was the not the judgement sheet, but a court copy of the original N1 form, which proved the claim had been sent to the wrong address.

 

Then followed a couple of minutes of silence (you could hear a pin drop) while she examined the document I handed her and the document she referred to earlier which "proved" the claim had been sent to the correct address. There was something clearly amiss and she was absolutely livid at the point. "This is all highly irregular, it's a irregular judgement in fact, I therefore order the judgement of XX/XX/XX be set aside"

 

On retrieving my document from the judge I glimpsed the other document, which I think was a copy of the N1 supplied by the other side which had been doctored.

 

At this point I asked for costs, she wasn't willing to give them as these are not usually given at set aside hearings. At which point I successfully argued for them. She was still quite moody with me at this point, but I felt she had to give them to me due to the potential miscarrage earlier.

 

I then asked if she could order the other side to resubmit the claim, she refused to do this. Then ensued yet another argument! Me arguing that someone sue me and the judge refusing to let that happen! She said this was definitely in my best interests. Fearing I might get this judge again in future I decided to back down.

 

On leaving the court, she turned to me, smiled and said "thank you" in an almost apologetic way. The ice maiden had melted.

 

So if there's any pieces of advice I can give ?

 

a) Never make any assumptions for how the proceedings will go, be prepared for eventualities

b) Never underestimate any last minute strokes a DCA will pull

c) Dont assume the other side not turning up is a good sign, in my case they didnt want to be around to answer any questions if and when their stunt backfired on them.

[SkemDosser]

Absolutely fascinating SOTC. Thanks so much for sharing this...congratulations on your result and a big high five for hanging in there and seeing it through so diligently. Bravo!!!

[dx100uk]

wow close shave then!!

 

well done

 

dx

[citizenB]

Crikey - that must have been a worrying time for you.

 

It does puzzle me that she claimed that she had proof they had been delivered to the correct address. The only way delivery/reciept can be proved is by way of personal service or a tracking slip. The Courts do not send out Claim forms by way of tracked post.

[sick of thames credit]

Crikey - that must have been a worrying time for you.

 

It does puzzle me that she claimed that she had proof they had been delivered to the correct address. The only way delivery/reciept can be proved is by way of personal service or a tracking slip. The Courts do not send out Claim forms by way of tracked post.

 

She claimed she had proof that the claimant had supplied the correct address to the court, considering all the documents I had showed that this was not true (i.e. judgement and enforcement action at this wrong address). You can imagine how an argument started brewing when she refused to accept them.

 

It was only later when I approached the bench, that I seen the document in question she referred to, it was a photocopied N1 form which I believe was supplied by the other side although I can't prove it.

[sick of thames credit]

wow close shave then!!

 

well done

 

dx

 

Thanks, but it wouldn't have been possible without this site.

 

However don't file under legal successes just yet, I have a feeling this isn't over yet.

[Old Cogger]

What a world we live it, cannot trust anything/body.