Arrows/Carter - Shop Direct CCJ (2010) set aside & Default Removal?

[TheDude1]

Hi

 

Mr Carter has got Judgment by Default in 2010 (see attachment).

 

The Judgment relates to a Littlewoods Catologue back in 2005.

 

I want to try and get this Judgment Set-Aside.

 

My argument/defence/grounds to set-aside Judgment is quite simple:

1: I did not receive the Claim form, unable to defend.

2: I do not acknowledge the debt.

 

And given the fact the Claimant's address is in Luxembourg ?!

 

What do you suggest? Leave it go or is there a good chance of a set-aside?

How likely is Bryan to defend the set-aside?

 

Thanks

bryan.pdf

[National Debtline]

Hello there.

 

The usual rules for set aside are that

a) an application needs to be made 'promptly'

b) you need a realistic prospect of success. and there should be a legal argument which can be considered at the hearing.

 

If the claim form was sent to your last known address it is likely to have been served correctly, the court may not agree to a set aside. If the claim form was served at the wrong address, and this can be proven, you should be granted a set aside as a matter of right. Simply not acknowledging the debt may not wash with the courts, they'll need to know a legal reason as to why you don't owe the money.

 

We have a fact sheet covering the basics, you can find it here:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

Hope this helps,

 

National Debtline.

[rameses_qc]

In addition, I think you'll have a real job convincing the Court to set aside after all this time, unless it's just come to your notice. Allegedly, this carter has a habit of serving claim papers to your last address not your present one, in order to gain judgement by default.

[TheDude1]

Thanks

I don't suppose I have a chance then.

[brokebutnotbeatn]

If papers were served other than where you were living, you should be able to get it set aside.

[TheDude1]

Yes, I've heard Bryan does pull that trick!

 

I've requested a copy of the Judgment from Northampton and the address on that is correct, but they never sent a copy of the "Claim Form".

 

Should I ask them for a copy of the Claim Form to check correct address?

[sequenci]

If papers were served other than where you were living, you should be able to get it set aside.

 

It really depends on if the papers were served at the last known address or not. If they were then this would NOT usually be sufficient for a set aside.

[TheDude1]

Hi

 

I sent a DCA a CPR 31.16 Request, they have a CCJ against me (2010)

 

They reply "We are unable to comply with your request for disclosure under Part 31 of the CPR.

Any requests for disclosure should have been made before Judgment".

 

As I understand Part 31 state "Disclosure before proceedings start".

If I were to issue "proceedings" i.e. Set-Aside application, do I have the right to the following information:

 

true copy of the relevant Credit Agreement

true copy of any/all Default Notices and

true copy of any/allNotices of Assignment

 

If so, what is the best way to proceed in order to gain this information?

Thank you for any help

[Ganymede]

They are correct, 31.16 is for pre action disclosure. I.e. Before the claim is issued at Court.

[millitant]

send the dca a sar and be specific in what documents you want disclosed

 

only way i am afraid

[TheDude1]

They are correct, 31.16 is for pre action disclosure. I.e. Before the claim is issued at Court.

 

Thanks for the post.

 

In your case the situation is different because you are trying to set a judgment aside - so standard disclosure isn't going to help you- you need to apply for part 31.14 disclosure - if you're request was made under CPR 31.16 argue that the effect of them iossuing proceedings was to converet it to a 31.14 request and apply on an N244 for your Order.

http://www.consumeractiongroup.co.uk/forum/showthread.php?180864-finding-faulty-cca-agreements-after-a-ccj&p=2114683&viewfull=1#post2114683

 

I am going to try and get this Judgment set-aside. I ain't giving up until the judge rejects it.

Please help!

 

Am I right to say that I cannot request disclosure unless I begin proceedings against them?

[millitant]

please use an SAR request £10 max

 

what waiting a max of 40 days compared to a costs order

 

if you use CPR then you are liable for the other sides costs

[the_shadow]

A number of questions spring to mind.

 

If the CCJ was obtained in 2010 why wait until now before wanting to see the evidence of the initial claim, can you give us more details please.

 

Now, Are there sufficient grounds for a set aside? was a procedure missed or a gross injustice done? for instance its not sufficient to say that you ignored the initial claim and only now think you should fight it.

 

S.

[Ganymede]

Thanks for the post.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?180864-finding-faulty-cca-agreements-after-a-ccj&p=2114683&viewfull=1#post2114683

 

I am going to try and get this Judgment set-aside. I ain't giving up until the judge rejects it.

Please help!

 

Am I right to say that I cannot request disclosure unless I begin proceedings against them?

 

 

 

You have a CCJ so cannot use 31.14 or 31.16 CPR requests. As militant says, you need to do a SAR.

[TheDude1]

please use an SAR request £10 max

 

what waiting a max of 40 days compared to a costs order

 

if you use CPR then you are liable for the other sides costs

 

Thanks for the help,

I have already SAR request the OC (Shop Direct).

 

What is really confusing me now, is which DCA do I also SAR?

 

Basically 3 DCA's are involved...

1. DCA 1 (Claimant) who issued proceedings against me.

2. DCA 1 assigned all of its rights to DCA2 (Notice of Assignment after CCJ)

3. DCA 3 is acting on behalf of their clients DCA 1 & DCA 2... but it looks like DCA 1 is no longer existant.

 

Many thanks

[millitant]

if all rights and duties have been assigned by absolute assignment the sar goes to number 2

 

just because a dca has been assigned the rights does not mean they have been assigned the duties

 

was it the dca who took you to court under their own name or the original creditor

 

to explain

 

when the dca took you to court was the original creditor on the claim form as well as the dca or was it just the dca

 

what was the name of DCA NUMBER 1

 

we can soon find out who took over their portfollio

[TheDude1]

Ok, I will reveal all!

 

I don't have a copy of the claim form, however requested copy of Judgment from Northampton.

 

Claimant:

Phoenix Recoveries uk ltd SARL

Luxembourg

 

Name and Address for service and payment:

Bryan Carter

Surrey

 

Notice of Assignment (Recent letter May 2012)

Phoenix Recoveries have assigned all of its respective rights, title and interest to:

Arrow Global Guernsey Limited

 

All payments and correspondance directed to:

Fredrickson International Limited

Surrey

 

Thanks

 

However, Bryan has been contacting me recently to arrange payments!

As you can see its a bit of a headache.

[the_shadow]

Ok, if you are saying you never recieved the claim form then yes thats a good reason for a set aside... depending on when you became aware that a CCJ was obtained against you obviously.

 

Mr Carter is well known on this forum as are the companies you have mentioned

[TheDude1]

Ok, if you are saying you never recieved the claim form then yes thats a good reason for a set aside... depending on when you became aware that a CCJ was obtained against you obviously.

 

Mr Carter is well known on this forum as are the companies you have mentioned

 

Yes, its one of my Defences, however I know this alone is not good enough to convince the Judge.

I need more documents/evidence!

 

Just need to know which DCA to SAR,

Thanks

[millitant]

send the SAR to arrow global

 

make sure you highlight the request for

agreement

assignment

how the assignment was served

default notice

termination notice

 

etc,etc

[TheDude1]

Thanks millitant, I'll get started on the letter, to be posted monday!

Cheers

 

Thanks to everyone else who posted too. Appreciate your help

[the_shadow]

send the SAR to arrow global

 

make sure you highlight the request for

agreement

assignment

how the assignment was served

default notice

termination notice

 

etc,etc

 

Yep this one

 

S.

[TheDude1]

Thanks

Edited May 26, 2012 by TheDude1

[TheDude1]

Hi

SAR was sent and received from Arrow Global.

This is what I requested....

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was/were opened. (They state "This is not personal data which we process in your case. You may be entitled to a copy of this documentation if you make a request under the Consumer Credit Act 1974). NO Credit Agreement was received.

2. True copies of any notice of assignment. (They state "To the extent that this comprises personal data which we process in your case, this is included in your response to your request. However, it is unlikely that such documentation would be held in a manner which relates to you as an identifiable individual"). NO copies of any notice of assignment was received.

3. True copies of default notices. NO copies of default notices was received, no explantion either.

4. True copies of enforcement notices that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold. NO copies of enforcement notices was received, no explantion either.

5. Details of any collection charges added to the account; specifically, the date they were/it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover. Fiquires were received, however no details of these fiquires and what they were for.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. Fiquires were received, however no details of these fiquires and what they were for.

7. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. A few Vague documents received.

8. Termination notices. (They state "To the extent that this comprises personal data which we process in your case, this is included in your response to your request). NO copies of termination notices was received.

 

I'm going to fight this one out to the best I can... I have nothing to lose.

My next step is SAR Non-compliance. And if necessary, Court action to prove these documents do exist.

 

If they cannot provide the following, even after Court action to disclose this data...

3. True copies of default notices.

4. True copies of enforcement notices.

 

Do you think these are good grounds to set-aside judgment?

 

Will the Court set-aside judgment if the claimant cannot prove that they followed the correct procedures before issuing a court claim?

 

And also part of my defence to this judgment (if allowed/convince judge), is simply I do not acknowledge the debt, can the claimant prove as set out in their particulars of claim that they supplied goods and delivered them? It is their word against mine.

 

And also another part of my defence is that charges were levied to the account, amounting to almost of what the claimant claims on their claim form.

 

But I am not sure which angle to take to sucessfully try to set-aside judgment.

 

Cheers

 

 

[havinastella]

Hi

SAR was sent and received from Arrow Global.

This is what I requested....

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was/were opened. (They state "This is not personal data which we process in your case. You may be entitled to a copy of this documentation if you make a request under the Consumer Credit Act 1974). NO Credit Agreement was received.

2. True copies of any notice of assignment. (They state "To the extent that this comprises personal data which we process in your case, this is included in your response to your request. However, it is unlikely that such documentation would be held in a manner which relates to you as an identifiable individual"). NO copies of any notice of assignment was received.

3. True copies of default notices. NO copies of default notices was received, no explantion either.

4. True copies of enforcement notices that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold. NO copies of enforcement notices was received, no explantion either.

5. Details of any collection charges added to the account; specifically, the date they were/it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover. Fiquires were received, however no details of these fiquires and what they were for.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. Fiquires were received, however no details of these fiquires and what they were for.

7. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. A few Vague documents received.

8. Termination notices. (They state "To the extent that this comprises personal data which we process in your case, this is included in your response to your request). NO copies of termination notices was received.

 

I'm going to fight this one out to the best I can... I have nothing to lose.

My next step is SAR Non-compliance. And if necessary, Court action to prove these documents do exist.

 

If they cannot provide the following, even after Court action to disclose this data...

3. True copies of default notices.

4. True copies of enforcement notices.

 

Do you think these are good grounds to set-aside judgment?

 

Will the Court set-aside judgment if the claimant cannot prove that they followed the correct procedures before issuing a court claim?

 

And also part of my defence to this judgment (if allowed/convince judge), is simply I do not acknowledge the debt, can the claimant prove as set out in their particulars of claim that they supplied goods and delivered them? It is their word against mine.

 

And also another part of my defence is that charges were levied to the account, amounting to almost of what the claimant claims on their claim form.

 

But I am not sure which angle to take to sucessfully try to set-aside judgment.

 

Cheers

 

 

 

As mentioned earlier and ignored by yourself, Not receiving the Court papers is more than enough to get a 'set aside'

 

It's completely pointless at this stage trying to use the documents you requested to help with the set aside as the CCJ has already been granted.