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Backdoor ccj Carter & Co. - set a side won ...now claim proceeding.


ohitsonlyme
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Ok sorry, it wasn't clear and thought the hearing date on 12th September was the trial.

 

It seems like a waste of time and costs having a second hearing when Directions and Allocation etc could have been dealt with at the set aside hearing.

 

In any event make sure you attend as that's what the Order says. I'm guessing that the other side don't want to attend to save on costs?

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I agree it is wasteful they didn't attend the set aside either.

 

I will attend the order says must attend they haven't said anything about saving costs

 

I will be requesting additional time to amend my defence can I ask for a strike on the grounds of faulty default notice or will this have to wait for the trial

 

I will kick up a big fuss about time and not attending still not giving all documentation requested under cpr and cca request

I will ask for a 7 day unless order for the assignment and default notice

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61 Signing of agreement.

 

(1)A regulated agreement is not properly executed unless—

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b)the document embodies all the terms of the agreement, other than implied terms, and

©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

But is it an application or the actual agreement?

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It's an application form

It states if approved

Hearing is on 12th need to put forward some type of statement

Along lines of

Not happy with them not attending

No default notice

No NOA received

Application not agreement

Not dated

I've never seen or signed the recon t&c before

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I agree with you gannymeade, and want to take advantage of them not being there

I want an unless order if possible for default notice NOA and credit agreement as at inception

 

To the judge

"if it you can understand it sir this case has been hanging over me for several months and despite cpr requests and cca requests and orders to attend court they continue to proceed with a claim without the evidence to support it and are still 10 months later not providing the required information please can you issue an unless order to put this to bed.

 

If I push hard enough I expect them to backout

 

Onlyme

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Well I went to the hearing yesterday and left court fuming!

 

BC informed by letter of their intention not to appear despite an order to do so

 

I presented a note listing my request for true copies prior to going in to the judge and was greeted by the judge and he had arranged for BC to proceed via the telephone

 

He had the usher call them and proceeded with the hearing I felt ambushed and told the judge so

 

He went on to pretty well dismiss my defence and although I told him that I hadn't received a default notice or notice of assignment he went on to say it was just a technical defence and judgement could be passed but not enforced

 

He clearly saw me as a dirty debtor(despite looking very smart like the smartest giant in town according to my 4 year old daughter) and dismissed everything I tried to say

 

I doubt that I would have received a call from the court if I chose not to attend

 

I want to complain about the judges actions but don't want to create an issue at the final hearing

 

Hearing to be listed 56days both sides to have exchanged witness statement 14 days before

 

Any thoughts on what to do about this?

 

Would that same judge ask the usher to call me if I hadn't attended

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Are you sure that the other side hadn't prearranged to attend over the telephone?

 

I told you this was just an allocation hearing and not a full trial full you to put across all of your arguments etc.

 

You need to proceed as ordered and provide disclosure and your witness statement by the date ordered.

 

I personally wouldn't bother complaining about the Judge. I can't see much wrong.

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  • dx100uk changed the title to Backdoor ccj Carter & Co. - set a side won ...now claim proceeding.
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