Help with Set Aside -***Claim Struck Out***

[citizenB]

Will ask andyorch to look in and help.

[frogster123]

His exactish words were I am going to set aside the judgement but you need to write to the court and the claimant Wescot setting out your defence being that the debt is statute barred. He asked how long I needed to do this I said a couple of weeks and he gave me three. Will put together letters to both asap.

 

Would it makd sense that he wanted to set aside so did but just didnt have anything substantial enough from me today so the defense I send will dot the i's and cross the t's as it were, he didn;t once elude to me having to come back to court just the letter.

Edited August 27, 2013 by frogster123

[Guest]

@ uncleb. set aside hearing is re reasons for set aside, not usually a final decision (judgment) on any poss triable issues (if there are any poss triable issues with poss 'prospect' eg sb then would ordinarily also count re set aside, then claim continues if set aside). and ct can then make any orders/directions as thinks fit.

the order/direction re defence with sb seems expedient cause if it is barred, then that negates their claim and could poss avoid any further litigation.

submit the defence as ordered/directed, which includes sb, then see what claimant does.

Edited August 27, 2013 by Ford

[frogster123]

Will do

[citizenB]

I suggest you pop any defence / letter on your thread for others to confirm before you send it off anywhere

[citizenB]

from andyorch

 

 

Its not for frogster to prove anything CB but for them to prove its not which they will struggle to attain..... particularly as they did not attend and " In absence of any copies of any agreements and with Provident having no details for me at all,"

 

 

Just submit the SB defence.

 

PS did he claim costs for today?

[frogster123]

@CB I should have both letters finished today so I'll post them on here for review. I haven't claimed for any costs, I wasn't aware that I could.

[Desperate Daniella]

frogster,

 

Please forgive me for interrupting your thread but I wondered if some of those helping here could also have a look at this thread where a judgment should have been set aside, wasn't, and the knock-on effects have been catastrophic for the lady concerned.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?401203-loweel-rolled-3-debts-2-mobile-1-credit-card-and-made-me-BK-now-losing-my-house&p=4327872#post4327872

 

Thank you, and good luck in your case.

 

DD

[citizenB]

@CB I should have both letters finished today so I'll post them on here for review. I haven't claimed for any costs, I wasn't aware that I could.

 

Apparently so, I will ask andyorch to advise on what you could have claimed and if you still can.

[The Mould]

This is yet another great result for the op thanks to the Consumer Action Group.

 

Well done my dear fellow CAG member. File your statute barred defence as Ordered by the Court and wait for response/directions, then post back here when you here the same.

 

Godzilla

 

Kind regards

 

The Mould

[Ganymede]

His exactish words were I am going to set aside the judgement but you need to write to the court and the claimant Wescot setting out your defence being that the debt is statute barred. He asked how long I needed to do this I said a couple of weeks and he gave me three. Will put together letters to both asap.

 

Would it makd sense that he wanted to set aside so did but just didnt have anything substantial enough from me today so the defense I send will dot the i's and cross the t's as it were, he didn;t once elude to me having to come back to court just the letter.

 

 

Have you received anything from the Court yet?

[frogster123]

Hi, Apologies for not responding sooner, I have been away for a few days. Yes I recieved confirmation from the court to say that the judgement had been set aside and that I had until 4.30 on 17th September to send in my defence to the court and claimant. My first day back at work today so will put together response this evening and post on here for some feedback.

 

Thanks again

[frogster123]

Good morning, I am struggling to formulate the wording for my defence to the court and Westcot, I understand the concept and advice from the judge, but all I can come up with is that the debt is statute barred and therefore the CCJ application is null and void, can anyone provide me a starting point and any additional info that I may need to include?

 

Thanks

[AndyOrch]

It does not require anything further frogster if it was SB at the time of litigation then thats all you need.

 

Andy

[The Mould]

Wholly agree with Andy on this.

 

Just to clarify, can you please post up Claimants' POC. I shall revert back to you on the same regarding the circumstances of his case and your SB Defence against the same.

 

Godzilla

 

Kind regards

 

The Mould

[citizenB]

As a starting point....

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

 

[frogster123]

Thanks again, @TheMould, I don't have any reference to the POC, as the court has never provided me with the claim papers, I asked the judge and he just said you know what it relates to and read out the POC to me.

 

From memory they stated that they had sent me numerous letters and that I had never responded to them, they then therefore issued court proceedings to my new address. I pointed out to the judge that this wasn't true as clearly the CCJ was recorded at my old address and that in 6 years at my newer address I had never recieved anything from the claimant. Is that helpful?

[The Mould]

Thanks again, @TheMould, I don't have any reference to the POC, as the court has never provided me with the claim papers, I asked the judge and he just said you know what it relates to and read out the POC to me.

 

From memory they stated that they had sent me numerous letters and that I had never responded to them, they then therefore issued court proceedings to my new address. I pointed out to the judge that this wasn't true as clearly the CCJ was recorded at my old address and that in 6 years at my newer address I had never recieved anything from the claimant. Is that helpful?

 

 

Then simply submit the statute barred Defence posted above by CB.

 

Kind regards

 

The Mould

[frogster123]

Will do, thanks again all, fantastic help, advice and support on here. Anyone ever need any HR advice, feel free to ask.

[citizenB]

please keep us updated with progress

[frogster123]

Hi again caggers! Just came home to a 'Notice of Hearing of Application' It states 'The hearing re limitation point (see copy attached - NO copy attached btw) will take place on 6 March 2014 at ...... County Court. It then goes on to to say that either party should contact them before hand if the case is settled before the hearing.

 

I will call them tomorrow to find out a bit more, but do you think this is this usual? I guess the set aside was granted but now it seems to be relisted with another court date, is this for me to have the chance to submit my defence (in your opinion), I thought that the claimant would have to resubmit the application for the process to start again? (I guess they have???)

 

Clearly Confused.com

[The Mould]

Hi again caggers! Just came home to a 'Notice of Hearing of Application' It states 'The hearing re limitation point (see copy attached - NO copy attached btw) will take place on 6 March 2014 at ...... County Court. It then goes on to to say that either party should contact them before hand if the case is settled before the hearing.

 

I will call them tomorrow to find out a bit more, but do you think this is this usual? I guess the set aside was granted but now it seems to be relisted with another court date, is this for me to have the chance to submit my defence (in your opinion), I thought that the claimant would have to resubmit the application for the process to start again? (I guess they have???)

 

Clearly Confused.com

 

Your Defence is statute barred, the burden of proving otherwise is on the Claimant. Rely upon the statute barred Defence as per CB's post above. File and serve the same within 7 days of hearing (a copy to the Court and a copy to the Claimant) put the Claimant to the strictest of proof on his claim, which you deny as is statute barred, therefore, the claimant is required to produce tangible evidence to the contrary which is irrefutable.

 

Kind regards

 

The Mould

[frogster123]

Fab, thanks again The Mould

[The Mould]

Your Welcome

 

Godzilla

 

Kind regards

 

The Mould

[frogster123]

Hi all, so my court hearing is this Thursday, I'm going in with my SB defence, wish me luck!