Ind Claimform - old HSBC Credit Card Debt - got judgement after only 17 days...

[exasperated]

How do I get proof of CCBC, do you know/

[AndyOrch]

Ring them....do you have proof you posted it on Monday 1st Sept?

[exasperated]

Post 97 Andy

[exasperated]

Yes proof of posting

[AndyOrch]

Excellent ...take that with you to the hearing......in the meantime ring Northampton and check its receipt (ask for proof) and then just follow my post #98

[exasperated]

One last question Andy,

I have read a few of these cases and a catch out for the defendant on a few has been the judge asking 'do you owe this money' what is the correct reply if the CJ asks that?

Thnaks

[AndyOrch]

He wont not at a set a side application hearing...its to determine your set a side and briefly consider your defence.

Its not the actual trial.

[exasperated]

Thanks Andy

Ill revert back to you tomorrow if I have to, other than that ill post after the hearing

Many thanks for your help in all this

[AndyOrch]

Just follow the guidance in post #98...take all proof and I'm sure you will be fine.

 

Best of luck.

[exasperated]

Andy

I should have mentioned that they have included the below as the CCA I requested along with a number of sheets containing prescribed terms etc.Also is the usual gumph stating they have fulfilled my request and the account is no longer in dispute.

Thanks

 

 

[AndyOrch]

Again that's for the Trial exasp...not for a set a side hearing.

[exasperated]

Ok Andy

Thanks, ill be in touch soon

[exasperated]

Andy

We had the hearing this morning and the DJ decided he would not here it as he had insufficient time. He said it had been listed for direction and the 20 minutes that had been allowed would not be enough and want to reschedule with an allocated hearing time of 1.5 hours. The Agent representing the claimant said to me afterwards she not encountered this before.

The claimants Agent also claimed not to have received my defence and the judge agreed that according to CPR** it should have been attached to my application to set aside which it wasn't unfortunately.

Further bad news the proof of posting was for my set aside application and not for the AOS which the judge stated I need to have has it could be important to the decision. Ive rang Northampton who state they sent the hard copy files up to my local court who when I asked this morning the local court stated they have not received it from Northampton. I explained this to the judge who agreed its not unusual for documents to go astray in between the courts but instructed me to go back to Northampton to request. I informed him that it was obvious it had been mislaid as the judgement was passed. At this point the agent for the claimant asked for further costs to be attached which when the judge began to nod I argued that would be unfair. These the judge said will be set at the next hearing.

Im not sure that this particular judge would have been the best to hear this case as when I asked why we would hear representations for both parties over an hour and a half period isn't that the same as a trial after a set aside.

He simply stated as Im litigant in person this would take too long, I replied that all I am requesting is the claimant put in front of the court was a credit consumer Agreement thats satisfies the consumer credit act 1974.

He reiterated the time for this hearing was not sufficient to hear both parties to make a decision to set aside.

 

It will be within the next 4 weeks

[AndyOrch]

Okay...well yes its rather strange...he must have had other engagements planned......45 mins for a set a side is ample and the norm...they set the 20 mins so their problem.

 

I did repatriate numerous times that your proof of AoS would be vital to the outcome...so that's your priority in the meantime.As for Northampton transferring,...if it was a default judgment then it wouldn't have been transferred...you hadn't submitted a defence or filed a DQ so there was no transfer.They must have your N9 AoS at Northampton.

[exasperated]

Ok Andy

Ill contact Northampton again and revert back to you. Ind are to resubmit a statement to the court and me further to the defence we filed.

[AndyOrch]

Ok Andy

Ill contact Northampton again and revert back to you. Ind are to resubmit a statement to the court and me further to the defence we filed.

 

In regards to what?

[exasperated]

They are responding to the defence we filed, they say they never received it or any of the emails we sent. I wanted to show the DJ electronic proof but he wasnt interested.So glad he didnt make the decision yesterday as on reflection absolutely no chance he would have set aside so hopefully it wont be him again.

As I say he has allotted a time slot of one and a half hours for the next hearing so Im expecting their to be some serious interaction with the claimants agent as 90 minutes is a long time.

[AndyOrch]

Well there is nothing further to add to yours and they should be stating the reasons why you should not be allowed to set a side...their previous WS was totally inappropriate for the reason for hearing.

 

All you have to prove that Northampton received your N9 Acknowledgement ...the bad news exasp it will be the same District Judge.

 

Regards

 

Andy

[exasperated]

Andy

Do you think it worth hiring anyone this judge looked unimpressed to me that I had decided to be litigant in person. An example is, he asked my why I hadn't submitted a defence I said I had it was contained in the papers he looked through and waved the A4 at me and said 'is this it'. It's not just the words it was how he said things and just spoke to the agent asking this and that and then upon her answer turned to me and dictated whatever she said.

As you imagine a loss here is a further 6 years of financial hardship so it's massively important.

[AndyOrch]

Most of them are like that...hold your nerve.....the point is which I have already fully explained its not a trial at this stage your defence could have been 3 sentences for the purpose of the set a side..providing it has merit.

 

He only has to decide on 2 factors....was the process conducted wrong (hence how vital your proof of acknowledgement is) and if he did allow the set a side does your defence contain basis to proceed...30 mins tops that's all is required.

 

Why he adjourned and why he wants 90 mins is beyond me exasp...unless he intends conducting a full trial and set a side hearing in one...who knows.

 

Dont worry if/how he may belittle you...he may find himself in your position in the future...be courteous and polite and ask questions...provide your evidence and he must follow the law.

[exasperated]

Ok Andy

He has allowed the agent to resubmit a statement and presumably I'll get a copy. If so I would be keen to have your comments

Thanks

[AndyOrch]

Sure no problem ......why is beyond me

[exasperated]

Andy

We have our new date and it is going to be with a different judge than last time. in the papers they have sent it was reiterated that the circuit judge said that it was only for direction and all parties agreed 20 minutes wasnt long enough(i didnt agree he and the agent did)

He has ordered that the claimant has leave to file a further statement arising from our draft defence to be filed and served by **th of Novemeber. Also costs of application are to be reserved to the next hearing.

Couple of things Andy...

I am having nightmares getting hold of the N9 the local court are a waste of time I have phoned over 10 times and received the auto reply 'ALL OUR AGENTS ARE BUSY' and received auto replies to both my emails saying they would respond within 5 days(no replies). NORTHAMPTON CCBC are insisting the hard copy file went up my local court though I have contacted them three times and the third time I asked for them to log a file request, and I get a final answer on Monday. I am recording dates and times of phone calls and obviously printing all emails.

Secondly is it fair I should have to pay further costs if it is not set aside surely thats the courts fault??

Thanks

[AndyOrch]

Good news on the new Judge then......not so good on the N9...however you now have proof Northampton received it ...I think you are being led up the garden path a tad exasp...the N9 wouldnt be forwarded to your local court until ...........

 

You submitted a defence

The claimant advised the court they wish to proceed

You and the Claimant completed a Directions Questionnaire

 

And only then would your file and claim be transferred to your local County Court.

 

Would Northampton be able to confirm in writing the date they processed the N9?

 

Regards

 

Andy

[AndyOrch]

" Secondly is it fair I should have to pay further costs if it is not set aside surely thats the courts fault??"

 

You applied to have the judgment set a side...when one fights to set a side a judgment you cover the costs...win or lose.

 

If your application is successful then their costs on the application point only will be dismissed