Lowells etc chasing Lloyds 'debt' prob already SB'd - claimform

[blackleyblue]

Hi guy's have a court date to have judgement set aside (did not receive claim form, believe statute barred) Bryan Carter solicitors are not attending hearing and have sent me a copy of letter to court which I'd like to respond to - this is attached and would welcome any advice - (this is for ex wife who will not be attending due to illness) - Thanks

[ims21]

Two threads merged.

 

Please keep to this one thread for this issue.

[AndyOrch]

As the claimant is not attending I would move hell and high water to be there...you would be on the higher ground to start with...however if your wife does not attend then your set a side will fail...she must attend...you can sit with here..but she must attend.

 

Andy

[blackleyblue]

Andy she is off long term sick at the moment - what is likely success if she gets to court (unlikely) - her defence would be not received any letters and payment they refer to no knowledge of paying - is there something more articulate in terms of defence? Thank you, Pete

[AndyOrch]

A very good chance...as the claimant is not attending...but she must attend...will only last 10/15 mins.As for your defence you rely on your reason contained within your application to set a side...none receipt of N1?

[blackleyblue]

N1?

[AndyOrch]

N1?

 

Northampton Claim form...thats the correct name.

[blackleyblue]

Apologies for being stupid, yes we received court papers which we then applied and paid to have judgement set aside

[AndyOrch]

But you didn't receive them initially ...hence the set a side?

[blackleyblue]

First we knew was court documents - Thank you

[blackleyblue]

Thanks for all advice - ex wife will be attending court armed with defence below on each of claimants points (see attachment) - reasonable?

 

 

Judgement was challenged and application made to set aside

2. No correspondence has been received other than court summons which I then challenged appx 1.2.14 and paid to have judgement set aside

3. Defence was filed as soon as aware of court documents. There was a delay at Northampton court where I applied as I thought I was exempt because not working at the time - fee was since paid £80 to have judgement set aside

4. I have no knowledge of payment £89.47 on 13.6.12. This needs to be proved and I still believe statue barred (over 6 years old) even debt is relevant

5. No proof of debt received or proved

6. No instalments will be paid as I feel debt not applicable. I am also not working at moment with no assets - (house sold and no equity)

7. Debt not valid and should be set aside

[AndyOrch]

What were the claimants particulars of claim?

[blackleyblue]

Hi, thank you - see attachment - £1291 debt

[AndyOrch]

Where?

[blackleyblue]

at top of thread http://www.consumeractiongroup.co.uk/forum/showthread.php?409018-Lowells-etc-chasing-Lloyds-debt-prob-already-SB-d-claimform

 

 

Basic Account Holder

 

 

 

 

Cagger sinceJan 2011Posts110

Court date - Judgement set aside

 

Hi guy's have a court date to have judgement

set aside

(did not receive claim form, believe statute barred

) Bryan Carter solicitors are not attending hearing and have sent me a copy of letter to court which I'd like to respond to - this is attached and would welcome any advice - (this is for ex wife who will not be attending due to illness) - Thanks

 

Attached Files

• MX-2614N_20140527_132303.pdf‎ (48.3 KB, 16 views)
  

[AndyOrch]

Thats a letter from Carter...where is the claim form from Northampton?

[blackleyblue]

court attended and judge has adjourned asking Bryan Carter to prove we last paid monies as they state on 13.6.12 of £89.47 thus meaning not SB

[blackleyblue]

If this all goes wrong and we have to pay debt of £1291 should we make a settlement offer (a friend has offered) - is there a template? what % is reasonable? do we ask them to meet any conditions e.g. mark debt settled?

Thanks

[fletch70]

I would wait first of all for the outcome of the court hearing.

 

yes you could settle , personally I would be starting with an offer of 10-15% with conditions attached. There are template letters in the library . If they can see a CCJ coming they might be less tempted to accept an offer unless you can show that all they will receive are token payments.

 

Just my thoughts

[blackleyblue]

Thanks. Will be only 'token' as this is my ex wife and debt in her name and she is currently on long term sick at work so she will be able to prove she can afford i.e. not a lot

[AndyOrch]

What were the claimants particulars of claim?

 

Asking again

[blackleyblue]

Lloyds TSB overdraft allegedly total £1291 now

[fletch70]

To be honest then if this all goes wrong for you and I hope it doesn't and you do get a set aside then maybe try to offer a token monthly payment to stop court action. This may or may not work but a few months down the line they may be more inclined to bite your hand off for a F&F

 

I would be interested in seeing what the experts say

[blackleyblue]

I'd welcome any advice - Thanks all