Robinson Way / IND,claimform - citi card 'debt'

[AndyOrch]

N61 Colin? Who is the Claimant?

 

Regards

 

Andy

[AndyOrch]

They may be trying for a AoE (Attachment of Earnings) are you employed? Have you checked the registrar to see if there are any CCJs against you?

[AndyOrch]

If there is an outstanding judgment and you accept it (even though unaware) you can either set a side the judgment (N244) or vary the judgment if you accept it (N245).Complete the N61 ASAP along with the N245 £40 requesting variance with you I&E and proposed monthly payment.One will cancel the other out without threat of prison or the Bailiffs.

[AndyOrch]

Well time is crucial you need to find out

which Court

what claim number

 

 

then submit the N244 (£45) in the meantime the clock is ticking on the N61.

 

 

Inform the the Court that issued the N61 and seek their guidance

but Im sure you must complete it within 8 days.

 

 

The N61 is served personally on you by a bailiff and has the Form N56 attached.

The completed N56 is all that the court wants returning.

 

Andy

Edited April 25, 2012 by Andyorch

[AndyOrch]

The summons is only 12 months old so that is nonsense.( on both parties) Have you tried for a copy of the Judgment Order?

[AndyOrch]

Ok Colin not going your way this matter.

 

Lets turn it round if you was able to set a side could you defend the matter ? Would you be able to submit a defence with merit ?

Yes you have grounds to set a side no question, but what then? Perhaps better to get a N245 in an vary if you do owe this debt at least that will deal with the N61(N56)?

 

Regards

 

Andy

[AndyOrch]

I fully agree with your sentiments Colin and would probably take the same action.

 

 

Ok forget the Summons the least you will need is the claim number to enable your application to set a side,

complete the N244 and get it in rapid.

 

 

In the " reason for making this application " along with served at old address you need to state that having requested copies of the summons from the Court issuing and the claimant awarded there is no trace of any paperwork on a judgment 12 months old.

 

Post up your application if you want me to vet it firstly but get your skates on, tick tock on the N61 (N56).

 

Regards

 

Andy

[AndyOrch]

I thought no one had it? As long as you have the claim number its up to the Court or the Claimant to provide it when the question of set a side is determined.

With regards to your other point one and the same ?

 

Andy

[AndyOrch]

The summons merely contains the Claimants statement of case which as already been awarded in default.

Your basis for set a side would be not served correctly/ unreceived.

 

Once the set a side is allowed then the Claimants will have to re submit a fresh claim anyway on which their case relies upon and we start from the beginning.

 

 

I dont think anything in writing confirming the absence of said summons would hold any points in either parties case, but if they (The Claimants) cant substantiate what the initial claim was or what there replacement will be ..

....now that would be interesting.

 

Regards

Andy

[AndyOrch]

Small update on this

 

The Order for Production of Statement of Means was dismissed as I am self employed. Excellent

I also put in an application to have it set aside, which is due to be heard on the 27th June 10am. Excellent

Today Proteus dispatch (fake courier) delivered an 'Order to attend court for questioning', which is scheduled for the same day at 11am. Fair enough

 

I've spoken to the court expressing my concern that I am going to have to close my business for half a day and they said if my application is successful the second hearing will be automatically cancelled, and if not the judge will adjourn the second one. Does that sound right? Yes because your set a side will set it back to the start of the claim and their application for Order to attend court for questioning will be pointless and a waste of money and vacated by the court.Dont forget to claim costs (application) and the £90 for time off work!!

Anything I should be doing in the meantime please?

Thinking about a plausible defence?

 

Andy

[AndyOrch]

Yes because your set a side will set it back to the start of the claim and their application for Order to attend court for questioning will be pointless and a waste of money and vacated by the court.Dont forget to claim costs (Set A Side application) and the £90 for time off work!!

[AndyOrch]

What date is their WS Colin?

 

Andy

[AndyOrch]

Well they have asked for an adjournment of 28 days in point 18 from the date of the WS. Have the Court wrote re any adjournment.... you may find its vacated tomorrow.

 

Andy

[AndyOrch]

They may have made application, not all applications are served on notice.Check with the Court first thing in the morning to make sure the hearing is going head, if so there is little preparation you can do only getting their WS 2 days ago.Also they are not prepared either as per their point 18.

 

Andy

[AndyOrch]

Prepare a draft skeleton (3 copies ) of your intentions of defence.Use their points and refute them.You know the history so state your arguments why it should be set a side.

 

Regards

 

Andy

[AndyOrch]

Hi Colin

 

Responding to your PM.

 

Thats the idea draft all the bullet points to trash their WS.Try to refrain from saying " I need documents to decide if I can defend" It wont wash with any DJ and you are on a loser before you start.

You need documentation to verify the details of their claim. It was bad service don't state you never informed them you had moved.

 

You need to see the Agreement and T&Cs and the DN and any NoA if assigned.You need to see the original summons of the statement of case, statements of how they arrive at their figures.

If any unlawfull interest has been applied.

 

You will base your defence on their disclosures (if able to) they are obviously having a great deal of trouble in clarifying anything as per their WS.

 

Get the picture???? You averred that any debt with this company would be statute barred, can they prove it was not???

 

Ok for now?

 

Andy

[AndyOrch]

If the assignment is invalid then their claim was also.

[AndyOrch]

Hi Phil

 

Colin can you get page 1 of the WS posted up, who has drafted this?

[AndyOrch]

Thanks Colin

 

Ok we have established the NoA , Robbers and IND are one and the same but the Claimant is Robbers as they are the assignee from Liverpool.Continue with your skeleton Colin I envisage that they will be totally unprepared should the hearing happen tomorrow.I assume that the DJ may well adjourn for further time.

 

Regards

 

Andy

[AndyOrch]

" Should I mention at all about IND doing the WS rather than RW? "

 

 

Absolutely they are a collection agent or so they profess.The WS is inadmissible unless they have proof that they are one and the same.

 

Andy

[AndyOrch]

"I am a debt account manager for the Claimant " Is she qualified and employed by the Claimant to state these facts and act as an expert witness?

 

IND are not Solicitors or Litigators

 

Just add it to the beginning or near point 4 you also need to state that you only received this WS 3 days before the hearing.

[AndyOrch]

ok, thats totally over my head, what is right of audience

 

See above:roll:

[AndyOrch]

How about at the very start, point 1

 

1. I would submit the court rule the witness statement provided as inadmissable as it was written by IND Ltd who are not the claimant in this case. I rang IND on 26th June 2012 and spoke to Julie Simpson, and the address given in the witness statement is IND's address.

 

2. If the court does admit the witness statement I would submit the following

 

 

[AndyOrch]

Correct Phil

 

Information overload now Colin:madgrin:

[AndyOrch]

Now you are thinking along the correct lines Colin this is how murky this whole industry is.Every legal document should have the name of Robbers on it, IND are nothing to do with this

allegedly:roll:

 

Ok Guys I have to log off now early start in the morning, Colin best of luck if it is still scheduled for tomorrow ,update your thread with the developments.

 

Regards

 

Andy