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Lowell/Hamptons Statutory demand *** Set a Side & Dismissed***


Bellisdaisy
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Hi there,

A bit of an update!

As predicted, the 28 days given by the court for the other side to produce information, has passed and when my husband phoned the court he was told that nothing had been submitted there. Yesterday we received a letter from the original creditor re our PPI complaint and confirming that PPI was mis-sold, offering us a full refund of the original amount plus interest.

What is likely to happen next? Will the court contact us with a date for another hearing or will they automatically set aside given the other side haven't responded in their 28 days? Thanks again for everything :)

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Suggest that you contact the court and push for the set aside to be granted. Also update them with the PPI reclaim, if this relates to the debt set aside.

We could do with some help from you.

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  • 2 weeks later...

Thanks for that. Sorry for the late response, I've been working a lot of night shifts over the last week or so and haven't had chance to get on here. We have actually got a court date now for an 'Adjourned Hearing' on the 19th March. It's says we should allow 2 hours for the hearing. Should we write a letter and hand deliver it to the court this week so that we don't need to go or should we go and put our case forward face to face? Sorry if this is just going to make you repeat yourself! :)

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As there is now a hearing, you will have to attend and deal with the set aside. If you fail to attend and they do, the next step will be a bankruptcy petition.

We could do with some help from you.

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Ok fair enough. The date for the hearing was actually sent out to us within a week of our last court appearance - dated 22nd January so we would never have had the option of just writing to the court really as this was still 14 days before the time ran out for them to provide their information? Do we just reiterate what we said he first time then as our defence? Basically we can't prove that it was statute barred but they have been unable to prove that it isn't. Also as they have provided no evidence of payments made on the account etc they can't really prove what payments have ever been made on the account and where they are getting their figures from? Also as we have had a cheque through for mis-sold PPI does that mean anything with the credit agreement? Does mis-sold PPI invalidate it at all? We have banked the PPI cheque and have no plans to touch it so if we DO have to make a payment on this we will have some money to use. Thanks again for all help on this - as long as the money doesn't get gobbled up by this debt we will be makin a donation to this website as we wouldn't have coped without it and would have probable been made bankrupt by now!

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One other quick question, what happens if they turn up to court on the 19th with all the relevant paperwork? Are they still allowed to use it as the 21 days have passed?

 

Yes I think they can, as I think I read that the previous hearing was adjourned, so this next one is just a continuation. It would be up to the judge to decide based on what is produced. This is not really my area of knowledge, so hopefully someone will be along to explain what court procedures you may be able to use to help.

We could do with some help from you.

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But if they turn up on the day and we haven't had a chance to look through any of it, how can we prepare our defence? Would we be able to ask for time to respond? Isn't that why they were supposed to submit their stuff within 28 days. The 28 days was the 'extra time' given by the court as they didn't have it last time! Hubby and I are both reading through other threads too to try to learn some more :)

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Hi Bell

 

If they fail to disclose before your hearing...simply inform the court that they have failed to comply with the DJ Directions from the hearing dated xx xxxxx xxxx.

 

If they disclose less than 3 days before or on the day you simply tell the DJ that you have not had time to consider any disclosure and that they have failed to comply as above and request it be set a side and struck out.

 

Regards

 

Andy

We could do with some help from you.

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Hi all!

We had our moment in court!

I was able to attend this time as I wasn't working. I'll keep it short. WE WON!!

 

SD set aside.

 

We would have been awarded costs I think, had I submitted some, unfortunately I hadn't had a chance to compile the paperwork

as I've been busy with an essay that's due for Uni.

 

The judge asked if we were going for costs and I was gutted to have to say no. Oh well, at least WE WON!!!

 

The judge also said that based on the paperwork we had submitted (which was essentially copied and pasted from here),

the other side would have had a very difficult time in winning the case.

 

The rep from the other side acknowledged that too.

 

As we were leaving court the rep approached us and said well done on taking the time to research and submitting what we did and congratulated us on a job well done!

He shook our hands and wished us well too! Result!

 

Thanks ever so much to everybody that helped us with this.

 

I will be making a donation to the site to say thanks,

plus utilising it further in order to claim so more PPI refunds for other old debts that we have.

 

Unfortunately we have a couple of CCJs for those but at least if we can claim some PPI back

then we will be able to pay some of them off and save ourselves the monthly repayments that we currently have.

 

A big thank you again!!

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Well done Bellisdaisy delighted for you.

 

Thread title amended to reflect your result.

 

Regards

 

Andy

We could do with some help from you.

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Well done, that's great news :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Well done, that's great news :)

 

Great news did they bring their barrister and compliance director or are they getting weary of defeat? Don't worry I forgot to claim some of my costs. Well done for having the guts to go the distance.

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Well done. This tread can be moved to legal successes now.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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They didn't even turn up themselves. The rep said he worked for an independent company and he had been instructed to attend court and state that they were willing to set aside as they had no further information as requested (or words to that effect).

How would I go about reporting them to the OFT? Is there a website? Do I just summarise what I have said on this thread?

Thanks again.

I found it very helpful to read through the successful threads during this journey and hope that my story will now contribute in helping others. It is a worrying time but with the excellent advice available on here you get there in the end! :)

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