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

[Guest]

good luck wished

if any prior q's, post up

[citizenB]

Very best of luck Please do let us know how you get on !

[Desperate Daniella]

Good luck, frogster,

 

Just read the thread through and take notes of the points The Mould has made so you can refer to them. Be firm and don't be railroaded.

 

DD

[frogster123]

OK so I am having a bit of a panic as I don't feel prepped enough. My SB defence claim on the form is as advised and instructed by you all and quite brief. Should I have more information with me? i.e copies of old credit reports with nothing on them from Welcome/Provident, copy bank statements? I sent an SAR to Welcome and have had nothing back from them (should I take a copy of the request with me). When I called them they had no record of me so getting nothing back from them I guess isn't surprising. I haven't asked Westcot for anything, should I have sent them an SAR or something called a CPR? Or am I just overcomplicating things?

 

Yours panicked!

[Desperate Daniella]

Take absolutely everything with you in a file and stick post it notes down the side so you can find what you are looking for quickly. Number the pages. You need three copies of everything.

 

It's too late to worry about asking Wescot for anything, and without the original particulars of claim I can't see how exactly you can respond. I don't like it that the judge told you that you knew what it was about. DCAs are well known for loading claims with all sorts of charges.

 

It is up to them to prove you made payments in the six year period. If necessary you must ask them judge to put them to strict proof of this.

 

If the judge is difficult about the SB, then asks you if you had the money the best reply (and one I used successfully) is that yes, you did have the money, but it is the terms and conditions under which the money was advanced to you which you are entitled to see and despite your sending a SAR to Welcome they have failed to provide any agreement or any proof of any outstanding debt.

 

DD

[Desperate Daniella]

Also, remember that if the matter of the Default Notice comes up, or if you need to bring it up as part of your Defence, you must stress that no valid Default Notice was ever served on you. If the judge tries to ignore this then say, "Respectfully I must point out that the Court of Appeal ruled in American Express v Brandon that the matter of a valid Default Notice failing to be served cannot be dismissed as de minimis."

 

Do not allow yourself to be rushed. You can take a little time to give your answers. Sound firm, and stick to your guns.

[AndyOrch]

But if you stick to your defence of Statute Barred the above should not need to be raised as SB is the ultimate defence.....two words you need to remember...Statute and Barred

 

Best of luck froggy

 

Andy

[Desperate Daniella]

Andy is right. I am just giving back up ideas in case they come up with some payments which the judge thinks come within the timeframe.

 

I hope SB is all you need.

 

DD

[frogster123]

Thank you both very much indeed!

[Desperate Daniella]

Whenever we know anyone is in Court we are sending up prayers and positive thoughts, and we'll be waiting for your news.

 

DD

[AndyOrch]

Who is blurredl ?

[frogster123]

Good morning, I have a quick update. I worried initially that the dates may not quite work in my favour as I thought they were circa 2007. I have done some last minute digging around with Provident who don't hold any information for me but after some pushing gave me the number of their solicitors who confirmed that they passed on the debt to Wescot in October 2005 for £1200,which means that it is definitely SB as the judgement was recorded in May 2012, I'm confident that I've never had any communication or payment arrangements with Westcot.

 

I just have one other question around the difference of £1200 and claim for £2400, will they need to also provide a breakdown and justification of those additional costs and charges at the hearing?

 

Thanks

[AndyOrch]

Hi Froggy as you are pleading its Statute Barred then it makes no odds what has been added...you are not paying....it should not get to discussing the formalities of the debt

 

remember two words Statute and Barred

 

Regards

 

Andy

[frogster123]

Got it Statute and Barred, I'll will stop over complicating now.

 

Thanks again

[citizenB]

When is hte hearing ?

[frogster123]

Hi Guys, the hearing was this morning and Westcot didn't turn up so the judge struck out the case

 

I just wanted to again thank you all again for your fantastic invaluable advice and patience with me getting around it all I really do appreciate it and wouldn't of been able to deal with it without your help!

 

Thanks again

[AndyOrch]

Well done Froggy delighted for you.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[citizenB]

Oh well done - I guess you didnt ask for your costs ?

[frogster123]

I didn't know I could, I'm grateful for the help and that it went in my favour, also glad it's over now, I'm happy that we're square

[AndyOrch]

You could claim costs for the set a side fee and dealing with the set a side and journey to court and time off if necessary...but if your happy as you are then put it behind you now.

[Guest]

nice one frog

remind, this was a setaside, the J set it aside, and then struck out their claim, re SB?

[frogster123]

@Andy - I feel a little cheeky doing that, that said it's taken up a lot of my time as well as having to take two days off work, is it a simple process? If it is I'll give it a go and donate 50% to the site.

 

Ford - Thanks and yes that's correct.

[Mike_hawk]

Unfortunately you'll probably have to file a part 23 app for costs after receipt of the notice... another £45.00 and its not usually a straightforward relief to £xx.xx

 

Wait on the judgment and perhaps make an informal approach to the other side for your costs with the proviso that if it does not agree you will apply... keep it low (ish) and the other side may oblige rather than risk further exposure.

[AndyOrch]

Research Wasted Costs Orders froggy...2 days off work is £180 for starters

[Desperate Daniella]

frogster,

 

For some reason I didn't get the email alert.

 

That is brilliant news.

 

DD