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    • Dear All,   BN - Thank you for your comments.    My wife had prepared the relevant notice to the court and rather than spending time redacting I am sending it as PM to the contributors to this thread. It covers everything we have been discussing and is in line with  your comments and our discussions.   For the benefit of readers oif CAG I will redact and post it later as we have pressing family medical matters to attend to.    Warm regards BF  
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    • Thanks for the images. It's shocking. This more than ever reinforces my view that you should take this to court. The number of people they must be fobbing off with this three months story is incredible – and they need pulling into line. If you simply complain to the CEO then they may sort out your problems – but the rest of it will go on as usual. They need something very serious here. In fact, I would think about suing them for £200 because I think that once they realise about the mistake they are making, they will be extremely anxious not to go to court. On the basis of this, I'm afraid I don't think I would even alert the CEO. I would send a letter of claim which will probably simply be seen by drones – and then issue the papers. I think you have an easy win on this case. Also, once they realise that they are dealing with a court case, they will look at the whole situation more carefully and they will probably sort out all of the problems at the same time. If they don't, then these two have laid down your marker and they will know that you're not mucking around and they will take you seriously.
    • These are the two incidents from Virgin Chat where their Live chat has informed me of the 'only 3 months' decision.... 15 April was the date they acknowledged receipt of my SAR. Apparently anything from before that date can't be included!
    • You could try both routes at the same time. Send your letter of claim by email to the CEO email address. Confirmed by letter. That way you have communicated with the CEO – but given a very definite deadline and a very definite promise as to what will happen if they don't comply. Then on day 15 sent the claim. Don't make a threat of legal action if you don't intend to carry it out. Don't bluff – but it is very easy to do
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
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HELP - MDKP claim (old NWide card) - judgement recd, but no assignment or POC ever recd


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Thanks Andy, from the points I've noted, are they a decent defence, considering that NWide failed to address any of them, and passed onto several DCAs.

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You have a few valid points...how old is the agreement?

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To have a default judgment set aside the defendant will have to satisfy the following legal test found in Part 13 of the CPR:


  • He has a defence with a real prospect of success; or,
  • The judgment should be set aside for some other good reason; and,
  • The application to set aside the judgment was made promptly.

 

 

 

Not saying it's impossible but with the new CPR 3.9 it will be a lot harder.

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Not saying it's impossible but with the new CPR 3.9 it will be a lot harder.

 

 

CPR 13 still stands over CPR 3.9 its a default judgment

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

13.3 (ii) the defendant should be allowed to defend the claim.

 

 

(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly

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Hi

 

If you can show the courts that you always responded to previous demands from DCA's and you had put the account in dispute. That had you recieved a demand from this DCA and a Claim you would have responded and defended accordingly.

 

With Northampton, the best way to achieve a resolution is to phone them, get a name and a contact email address. Send the email as a complaint that way they have to deal with it quickly. Give them as much info as you can, list every DCA that has had this, with time lines and dates.Be polite, but also be firm. My husband got a CCJ by default because they made a mistake, his defence was filed on time but they didn't upload it onto the system. It took 2 days, numerous phone calls and finally when I sent an email threatening a counter claim against the court , the CCJ was set aside that day.

 

It is also important to find out what MDKP have,send a CPR 31.14, and copy the courts on this. Point out that you would have sent this had you recieved the court docs. If they had failed to comply with this request, but proceed with the claim you would have attached a Disclosure request with the allocation questionairre.

 

I think if you can show the courts that you have an understanding of the court process, and you had a solid defence they will have to consider your application for a set a side.

 

It is odd that you did not recieve the cliam form. But no post is guaranteed.

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Hi Debs ... some great points and guidance .. thank you x

 

Yes, I agree very odd re the claim form. The judgement was dated 23 Dec, and recd 30 Dec, and again just said by normal mail (ie not recorded/special delivery etc).

 

As soon as it arrived, my hubby rang and spoke to the callcentre at Northampton, the lady he spoke to was very pleasant, and said not to worry, she would send out the relevant forms and it would be tsfd to a local court, at no charge.

 

So, Debs, I (well he) starts off stating why no AOS or defence was submitted. That he would have defend if recd, and include a time line and copy of all letters to Nwide and all DCAs, and submit with the N244 ?

 

I then basically take the dispute points out of the letter, and list them as bullet points re what the defence is (ie why the CCA provided fails to meet CCA74 requirements, which resulted in the dispute). Should I also include the fact that he did not receive a default notice, as a belt and braces, or will that do more harm than good ?

 

My hubby has said he's not going to court, but I read that for a set aside you have to attend ... would that apply even if he hadn't recd the original claim forms ?

 

Would you mind if when I've completed the N244 if you would run your eye over it and give me your thoughts ? Also does he take this up with Northampton or wait for local court ?

 

Thanks Abs

Edited by Abby25
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Yes, of course, and the claim form is of course being completed from his perspective.

 

N244 form does say whether you wish to attend a hearing or not - so unclear if they give a choice, if its mandatory - maybe he would be best checking with the court.

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Ok thanks, the form is very ambiguous if its from experience that he'll have to attend.

 

I'll get him to ring the court tomorrow to clarify his position....

 

However many thanks for your input on attendance and guidance that he have to actually sign the N244 himself .....

 

Help on completing the N244 would be beneficial

Abs x

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Ok thanks, the form is very ambiguous if its from experience that he'll have to attend.

 

I'll get him to ring the court tomorrow to clarify his position....

 

However many thanks for your input on attendance and guidance that he have to actually sign the N244 himself .....

 

Help on completing the N244 would be beneficial

Abs x

 

 

 

No need to call the Court.

 

If the application can be agreed with the Claimant beforehand then there will be no hearing and your husband just pays the £45.00 fee.

 

However, if the Claimant does not agree to the set aside there may be a hearing and your husband may have to pay £80.00 and attend to argue his application.

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Hi Debs ... some great points and guidance .. thank you x

 

Yes, I agree very odd re the claim form. The judgement was dated 23 Dec, and recd 30 Dec, and again just said by normal mail (ie not recorded/special delivery etc).

 

As soon as it arrived, my hubby rang and spoke to the callcentre at Northampton, the lady he spoke to was very pleasant, and said not to worry, she would send out the relevant forms and it would be tsfd to a local court, at no charge.

 

So, Debs, I (well he) starts off stating why no AOS or defence was submitted. That he would have defend if recd, and include a time line and copy of all letters to Nwide and all DCAs, and submit with the N244 ?

 

I then basically take the dispute points out of the letter, and list them as bullet points re what the defence is (ie why the CCA provided fails to meet CCA74 requirements, which resulted in the dispute). Should I also include the fact that he did not receive a default notice, as a belt and braces, or will that do more harm than good ?

 

My hubby has said he's not going to court, but I read that for a set aside you have to attend ... would that apply even if he hadn't recd the original claim forms ?

 

Would you mind if when I've completed the N244 if you would run your eye over it and give me your thoughts ? Also does he take this up with Northampton or wait for local court ?

 

Thanks Abs

 

 

 

The Court never sends you anything by RD or SD.

 

Look at the Civil Procedure Rules practice direction 6A paragraph 3.1 (1) which states the Claim Form is deemed served once it is placed in the post. This is regardless of whether it is actually received.

 

As Andy says, because your husband has applied promptly and he may have a Defence to claim he has a decent chance of setting aside the Judgment.

 

If the Claimant does try and fight the set aside the above are the arguments your husband is likely to face.

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Post it up or type it out (verbatim) Abby..less any identifiable data.

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Ok .. hurrah ... thanks Andy ...

 

Court forms have arrived today by 1st class mail.

 

They have included a copy of the POC which are as follows ....

"The Claimant claims the sum of £xxxxxx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Nationwide.

 

The Defendant's account number was xxxxxxxx and was assigned to the Claimant on 10/10/2011, notice of this has been provided to the Defandant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

 

The Claimant claims the sum of £xxxxxxxx and costs.

 

The Claimant has complied , as far as is necessary, with the pre-action practice direction"

 

So, now we know the actual POCs can you advise if the attached N244 (plus supplementary defence page) I have compiled is decent enough ?

 

I would also add that in respect of the prescribed heading issue, the only place within the agreement that the CCA74 is mentioned, is within the signature box (above where the debtor signs), which is just about at the bottom of the document, and after 2 large paragraphs only discussing "use of key information" and "Credit reference and fraud protection clauses " ie no prescribed terms ...

 

and simply states

 

"this is an agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by the terms" ...

 

which AFAIK doesn't satisfy the prescribed format and heading requirements as clearly laid down in the Act eg it has to be at the heading of the agreement.

 

The whole agreement as I say is also pretty illegible and must be in size 2 or 3 font (I'll try and scan up later).

 

All comments, suggested amendments, changes, welcome

 

Many thanks guys

Edited by Abby25
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Following on from Debs post, would it be better to see what evidence they have before going down the N244 route ?

 

I've tinkered with the cpr 31.14 to try and fit the situ, and would welcome thoughts on whether this is the best initial route, and whether the tinkering I've done is ok ?

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Hi,

 

Letter recd today from Keynes Collections.

 

Letter reads ...

 

"We write to remind you that Judgment was entered against you on 23 December 2013. A copy of the judgment has been sent to you under separate cover by the court.

 

Please note that if you pay your Counrty Court Judgment in full within one month of the judgment date, it will be removed from the register, the credit reference agencies will be notified and they will remove details of the CCJ from your record.

 

To contact us and discuss your account please call us on xxxxxxxx. Our opening times are, blah blah ".

 

And thats it, should hubby initially go down the CPR 31.14 route, and send them the above letter I've posted for comment ? Or how would you recommend we proceed ?

 

Abs x

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Advice appears to have dried up Abby...you cant fish with a CPR request to establish a defence for set a side purposes. You either have a valid defence which you know and would have used should you have received the claim forms or not.

 

 

However don't let that deter you from making application...your application may be successful and the claimant may not wish to proceed but at least have a few reasons for defence prepared

 

 

Please don't submit the above draft with all that case law.

 

 

Regards

 

 

Andy

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