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JeffersonMangum

Notice of Hearing of Application - Egg being represented by Arrow Global re set aside

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Hi CAGgers.

 

I recently submitted an N244 requesting that a CCJ against me (claimant is Egg being represented by Arrow Global) be set aside as the paperwork had been sent to the wrong address (which was naughty as Arrow Global knew my correct address.)

 

The paperwork was sent to 357 High Road (which doesn't exist) and I lived at 357B High Road.

 

I have now received a Notice of Hearing of Application saying that my hearing will take place in court in early Feb. What information should I take to the hearing? Is proof of my correct address sufficient, or should I prepare another line of defence? Will the judge 'investigate' whether or not I contest the debt, or is this simply a matter of proving that I did not receive the original paperwork?

 

Thanks for all your help!

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Hi JeffersonMangum,

 

I've literally had a CCJ set-aside hearing this morning.

The judge will ask if you have a valid reason for defence, and why you didnt respond to the original claim form. They usually wont go into great detail of the defence, just enough to satisfy that you would have a reasonable chance of defending the claim should it be set-aside.

 

If you dont have a defence, the judge will probably refuse your request and award costs to the claimant for wasted time if they attend.

 

Quite informal, just remember to address the DJ correctly and be polite. Mine lasted no more than 20 minutes.

 

Good luck ;)

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Thanks Asbestross, good to know.

 

Could I base my claim on the fact that I'm not even sure I owe the money stipulated and have not received a Default Notice or Copy of Credit Agreement?

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Wrong address and bad service is a good enough reason for the set a side Jeff...you can state the above in your defence.

 

Andy


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UPDATE - well the wheels of justice do not always seem to run smoothly. Got to my hearing today and the clerk said 'we received a faxed request this morning to vacate the hearing'. I thought 'that's skulduggery and will obviously be rejected' but the judge agreed. So I have to wait for a new date (probably April). What should I do?

 

Should I request my Credit Agreement from them? Can I use the lack of Credit Agreement at the reconvened hearing to have my judgement set aside, or is that applying for the judgement to be overturned?

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The Claimant is not obliged to respond to a CCA request once judgment is in place.....worth a try though...they may not be aware:wink:


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I'd also be inclined to write a letter to the court requesting a copy of this fax that they sent, feels very much like stalling tactics to draw out the process even further. At the end of the day they've known for at least a month of the hearing date and had every opportunity to reschedule, yet they chose to submit this to the court on the morning of the hearing.... when you eventually get to a hearing i'd also ask the judge to consider wasted costs for the vacated hearing (absence from work, travel costs etc)

 

Have you checked with the court to see if they've applied for further enforcement (AoE etc) in the meantime btw? They may be stalling to allow more time for an application to go through?

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I must admit I have never heard of an hearing being vacated on the day :-

 

" Please note there is a fee payable for any application to adjourn unless the application is made with the consent of all parties and lodged with the court no later than 14 days before the hearing date.

 

Where agreement to an adjournment cannot be reached, a formal application for adjournment must be made to the Court (on notice to all parties) using Form N244 - Administrative Court Office. Please note that there is a fee payable (£80.00) for any application to adjourn made without the consent of all parties, notwithstanding when it is lodged.


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Thanks Asbestross, the clerk said I could claim additional expenses from the wasted day IF I won the hearing! With regards to 'applying for further enforcement (AoE) ... sorry I don't know what that means. Please could you advise. Also, would requesting a copy of the fax 'get up the judges nose' or is it standard practice? Thanks Andyorch. Can I ask to see the PF244 - is this what Asbestross recommends when suggesting I get a copy of the fax? If PF244 has not been lodged, what recourse do I have as I never consented to the adjournment.

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Its the N244...apologies and yes you can request a copy...if they actually made application.If they didn't then why not as per the courts guidance and process.

 

Andy


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Thanks Asbestross, the clerk said I could claim additional expenses from the wasted day IF I won the hearing! With regards to 'applying for further enforcement (AoE) ... sorry I don't know what that means. Please could you advise.

 

Sorry, further enforcement such as an Attachment of Earnings order etc.

 

I doubt entirely they made applicaton to adjourn via N244, more than likely they just sent a letter to the court manager?

 

And as for claiming costs only if you won, even if you dont you should still be able to argue that the claimant provided no notice of intent to adjourn and as such, regardless of the outcome of the hearing, you had expenses for the unnecessary visit. That is dependant on the judge tho

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Wait for the Order from yesterdays hearing.

 

The Order will let you know what will happen regarding yesterdays costs.

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Thanks everyone.

 

How do I find out if the claimant has applied for further enforcement. If they have can I contest this on the grounds of the last-minute vacation?

 

What recourse do I have if they did not submit an N244? Is there any kind of appeal system?

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I had my 'Application to Set Aside' granted today (the opposition didn't show up!).

 

I now have 14 days to submit a defense. I am mainly basing my defence on the failure of the complainant to supply a signed Credit Agreement, what else can I use? I do not recall any documentation informing me the debt was being transferred - can that be included?

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I need to make my defense by April 12th. However, I never received the original claim so I don't know specifically what I am defending myself against.

 

How can I get a copy of the original claim and POC?

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Ask the court that issued the judgment.. there may be a small fee.


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Thanks Andy, I will call the court to see if I can get a copy of the original claim.

 

I am unsure what the claim relates to, but any agreement would definitely have to be pre-2007. So, will they have to provide a signed copy of the original CCA to enforce it? Does it make any difference that I have had the original judgement set aside?

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" Does it make any difference that I have had the original judgement set aside?"

 

Not sure I follow Jefferson within what respect?

 

Andy


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I know that with a judgement in place, the claimant does not have to submit a signed CCA. Now that it has been set aside, can I lodge my request for a CCA and use their failure to produce one as my main defence?

 

Ta

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The answer to this is yes.

Basically an embarrassed defence because the POC of the original claim is not available to you.

Simple defence based on the following.

1. The Original Claim Was Not Received.

2. Inability to defend at the time.

3.Unable to make a complete defence as

unaware what the original claim entailed.

4. There is no compliant CCA '74 Regulated Agreement

5. This is a pre April 2007 agreement therefore a copy

of the original agreement is required to enforce the agreement.

6.A reconstituted agreement is not acceptable in this case.

 

I would suggest that you make your self a ''skeleton'' defence with a

all the points you wish to make to the court ''bullet pointed'' for

ease of reference.


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Thanks Brigadier.

 

The original (2009) claim was 'for failing to pay monthly instalments under account 'xxxx'. I'm not sure if this refers to the original credit agreement, or the negotiated payment terms when I fell on hard times.

 

I know I can ask them to provide a signed CCA, but can I also ask that they submit evidence that I had agreed to pay monthly terms?

 

Altho it's in the dim and distant past, I definitely was paying £5 per month to Bryan Carter for some time - can I ask that they prove that I stopped paying? I don't want this to be an admission of the debt itself as this is so long ago, I'm not sure the £5 per month even relates to this account!!

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YES definitely contest the non payment, no chance of you having any payment details?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Today I received a 'Notice That Defence Has Been Filed' along with an Allocation Questionnaire. The Questionnaire says I should have received a Form N152 - which I haven't received. Do I want to go through Small Claims court or not? My defence is basically, 'I don't think I owe this money - please prove it!'.

 

I am also moving to South Africa for 12 months in June - should I disclose this information at this stage or wait?

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Yes inform all parties that you will be moving, otherwise you could end up with a judgement by default.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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So, I submitted my defence and informed all parties that I will be leaving the country on June 14th for 18 months. However the judge has appointed the case to the Small Claims Track with the hearing on August 13th and it will be heard in my absence.

 

Is that allowed? I thought you could only be taken to court while residing in the UK?

 

Secondly, the Small Claims Mediation have arranged a call with me and the claimant this week.

 

How should I proceed? I half want to go to court and demand that they prove they have all the relevant documentation - but obviously I can't do that from South Africa!!

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