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    • Ah I see what you mean. That is unfortunate, but guess there's little I can do then. Thanks very much for your help!
    • OK I sent CCA request on Monday 7/6 recorded delivery with a postal order uncrossed with £1 stating on the back that it didn't go towards any alleged debt.   Wednesday 9/6, received the postal order back from Arrow with a cover letter saying they no longer charge a fee and 'we will respond as soon as we can'   Then on Friday 11/6 morning a letter dated the 10th (they said if we didn't hear back from you by the 11th) I got a letter of claim from Drydens saying 'if you do not provide proposals to repay, legal action may be issued in the county court'.  Along with 'you have 30 days to respond'. Attached is a printout of an income and expenditure sheet.
    • Your attachment was viewable in your first post.   Does the issue you mention with the wallpaper/slight stain really constitute a breach ?  Is it significant enough ?   The wallpaper was probably applied before the wall was properly dry.  But the other possibility, is that the tenants did not open windows regularly to ventilate the room.  It is important for windows to be opened or put into a vent position on a regular basis, to ensure that moisture is allowed out.   If the tenant had clothes drying in the house, with baths/showers being used etc, this may have helped cause the wallpaper peeling  and the damp stain.   Today has been a lovely Summer day in many parts of the UK, so the tenants may not be as quick to respond.  Same issue with replies to this site, so you might get other responses later.   The tenant is unlikely to try to pursue you for the matress or health issue they say is caused by a damp issue.  Unlikely to have sufficient evidence and their own actions may be the cause.   They are most likely deciding whether to complete work in the garden or not.   You are within your rights to hold onto the deposit for now, until the reasonable request to return property to pre let condition is completed.    
    • Oh Yorky, I'm so sorry you're still having trouble with your dad's hospital.   I can't believe they are still being so awkward, I sometimes think they (companies in general, not just hospitals) forget that we put ourselves through this stress and worry not because we want to, or even because we have to, but because we want what's best for our loved ones.   Their advice for you to deliver the form in person is at odds with the advice on their own website stating that visits have been suspended due to Covid. I mean, I would understand if someone wanted you to drop off clothes for your dad, but a piece of paper? Which could end up anywhere? That's... crazy.   I don't know if the following link is worth a try or whether you've been down this road, but the hospital website has details of all the consultants Consultants | North Tees and Hartlepool NHS Foundation Trust WWW.NTH.NHS.UK If you want to find out details of our hospital consultants and contact information you can search for them in our A-Z. obviously you'll know your dad's consultant name, but the phone numbers on there, are they ward ones that you've tried before or do they look different?   That said, even if you are more successful with that, definitely still get PALS and as much senior management on board as you can with a formal complaint. You shouldn't have to go to such lengths to get hold of the right people and for the right information, especially at such a stressful time.   You point out that you remember you're doing this for your brother and your dad, which is the best approach. I'm sure they, in their own way, know that you are pushing yourself and pushing the hospital for an outcome as you are is because of them.   I know it's easy for someone on the internet to say "look after yourself", "do this to help with stress" etc, but if you do feel you need extra help with dealing with your stress/worry, please don't be afraid to seek help from a doctor yourself. A "well" you is the best sort of support for your dad and brother.   I wish I could offer more support and I'm sure that if anyone else of the CAG community has any other suggestions, I'm sure they will come here and let you know.  
    • Ok update.  I have spent the last week or two, trying to get help from the Staff Nurses and Matron, regarding the Consultant or someone to have my dads lack of capacity documented, either their own paperwork or me sending COP3. I   they have informed the consultant looking after my dad, who at this moment is sounding very ill, with medical issues on top of delirium and confusion, he is apparently having blood transfusion bag things. not eating and drinking. I have even spoken to the consultants secretary to explain the urgent matter and to have the consultant contact over the last few days WITHOUT SUCCESS, conversion ended today with its a legal form can I take it into hospital personally, er..I dont drive and Im in Northampton, Hospital is Stockton on Tees.    the nurses cant help need to speak to consultant!!!!!!! conversation ended with well I will complain to PALS, GMC secretary of Health or whoever......reply was looks like it then?   I have just compiled a 3 page letter [well e mail one] sent to PALS, I will follow up with a written one and to whoever else I can contact.   I need this medical form before I can do anything else with court or appointee   anyone have any ideas cos Im now at my gasping point, wondering why the hell am I taking on all this stress and worry, then I think of my younger brother, and that reminds me why I am doing it and doing it for.
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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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