Backdoor Arrow CCJ - old MBNA card DEbt

[dx100uk]

you don't need to tell or sar arrows no

no point in tipping them off.

 

simply fill out the N244 [are you on benefits if so ex160 fee remission form too - both are in the legal section of our library]

 

put on the N244 that the debt was already statute barred before issuance of claim.

 

not much else you need to say or do on it

 

just stick to the ONE fact [as simply as I've written it

DO NOT ADD ANYTHING.

 

its for the claimant to prove otherwise not for you to prove it is statute barred

[HateBanks]

dx100uk

Thank you ,

So I just do that immediately dont wait for SRA MBN - I have to pay - currently employed - DLA -

I will do exactly as simply as you say - as matter of interest when was the SB date ?

[dx100uk]

6yrs from the last time you physically paid them forget the posted rubbish

so you said eelier that was aug 2011 so aug 2017

[HateBanks]

ok thank you very much for all your help i'll just wait for the bank statements to double check no ther payments after Aug 11.

I

[dx100uk]

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

[HateBanks]

dx100uk

ok finally had bank statements and no records of payment from Bank.

 

I have not got MBNA SAR which may show cash for post payments which they say would have been passed on to AG.

 

Have paid the £255 fee to set aside.

 

Have 244 form open in Adobe

- apologies for stupid questions ,

but want to ensure is absolutely correct.

 

1 - Can't alter size of font to put in County Court Business Centre - can only do without spaces - CountyCourtBusinessCentre , would this be acceptable

 

2 - On the Judgement for Claim it has my name with NO REFERENCE, it has the Defendant WITH A REFERENCE - do I use that reference on the 244 form ,

or leave blank as on Judgement for Claim ?

 

dx100uk

 

Can I ask claimant for fee if judgement set aside ?

 

Sending this form will be a huge step , thank you for your help.

[dx100uk]

Use the CCJ number

[HateBanks]

OK thank you

 

I've put CountyCourtBusinessCentre no spaces , it fits.

 

I've used the CLAIM NUMBER from the Judgement for Claimant (in default) form after my name.

 

Can I check the following with you please ??

 

3. What order are you asking the court to make and why?

 

4. Have you attached a draft of the order you are applying for? Yes No

 

6. How long do you think the hearing will last?

 

Is this time estimate agreed by all parties?

 

5. How do you want to have this application dealt with?

at a hearing

without a hearing

at a telephone hearing

Hours Minutes

Yes No

 

7. Give details of any fixed trial date or period

 

8. What level of Judge does your hearing need?

 

9. Who should be served with this application?

 

10. What information will you be relying on, in support of your application?

 

the attached witness statement

the statement of case

the evidence set out in the box below

 

Am working through guidance notes ,

Not sure if I put all the below in at 3 ?

"

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[£££££.pp] or any other sum, or relief of any kind is denied.

[dx100uk]

found this in my andyorch notes

 

On page one of the N244icon, fill out the Court details and Claim no. and Claimant’s and your details in the top right-hand box and the date (include Claimant’s sols ref if you know them).

Leave Warrant no. blank (not applicable to your application).

 

In para 1 – put your full name in Caps.

In para 2 – tick Defendant box.

 

In para 3 - What order are you asking the court to make and why?, state the following:

 

1. The Defendant in these proceedings respectfully requests that the Court make an order to set a side judgment pursuant to CPR 13.2 & 3(2).

The response pack was completed and returned by post (include any evidence or copies with dates) and also state why you dispute the amount claimed with the original creditor.

 

(You can go into further detail at box 10)

 

 

In para 4 – tick no (Draft Order)

 

In para 5 – tick with a hearing box

 

In para 6 – leave blank

 

In para 7 – leave blank

 

In para 8 – put District Judge

 

In para 9 – put sols name

In para 9a -put sols Address

 

 

Then fill out the Statement of Truth – sign & date.

 

In para 11 – your signature & date.

 

Then fill out your full address details & Phone & Fax & E-mail details –(if applicable).

 

Serve a copy on the claimants solicitor and retain a hard copy for your file

[HateBanks]

dx100uk ah sorry your reply just crossed with this ,

 

ok thanks ,

 

when you say serve on their solicitors ,

do I post and should I print and sign

 

- on the phone Northmpton said send by email and wait ?

 

thank you ok following the guidance notes

 

so have put the defence as written in 3 and 10.

 

it says sign at 10 and 11 ,

they said I could return form by email

- do i just type name ?

 

The notes say dont fill in 4 - 9 .

 

I've put your originl wording at 3 and 10 .

 

Not sure about Signature at 10, 11 and serving ?

 

in your original wording it said

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

So was going to put exactly that unles latest version above better ?

[dx100uk]

that was a guide with a diff reason for the set aside

you stick with the SB one.

 

you can email yes

just print your name

no need to sign

no need to put email/phone on the sols copy either!!

don't need to give them free ways to pester you.!

 

HTH

 

dx

[HateBanks]

Awesome thanks dx100uk. So I'm putting your original at 3 and 10, as follows

1 The Claimant's claim was issued on ( date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[£££££.pp] or any other sum, or relief of any kind is denied.

--------------------------------------------------------------------------------------------------------------------------------------------------

Printing name as signature at 10 and 11.

almost there, just to clarify, do I need to send copy to Claimant / Solicitor ???

The court said i didnt need to send to anyone else other than them, the court , by email , which I will .

 

Thank you.

[dx100uk]

Serve a copy on the claimants solicitor and retain a hard copy for your file

 

no need to put email/phone on the sols copy either!!

don't need to give them free ways to pester you.!

[HateBanks]

ok so print what i email back with my address but remove 'phone number and email address - just black them out ?

So concerned to do right

[dx100uk]

and email it to restons

 

as with all court emails

make sure you use the correct email

and subject headers

[HateBanks]

ok so here is the text of the Guidance - question at bottom

 

--------------------------------------------------------------------------------------------------------------

Complete form N244 as follows:

 Quote your Claim number in the relevant box on the top right of the N244.

 In questions 1 and 2 clarify who you are and how you are related to the

claim e.g. Defendant, Solicitor etc…

 In question 3 write that the order you are seeking is to ‘Set Judgment Aside’ and

provide a reason for disputing the Judgment that has been recorded.

 It is not necessary to complete questions 4 – 9

 In question 10 clarify what evidence you wish to rely on in support of your

application, if necessary providing any further details in the box provided.

 Sign the statement of truth in section 10.

 The applicant must sign the application in section 11; third party signatures

are not accepted.

If you do not comply with the above the application will be returned to you.

What happens next?

Once you have paid the fee, or the court has granted a request for help with fees

made using the EX160 form, as you are an individual your case will be transferred to

your local County Court Hearing Centre. A hearing will then be listed for your

application to be heard.

The guidelines contained within this letter are not legal advice. Court staff are not

legally trained or responsible for the outcome of your case. You may wish to seek

assistance from a solicitor or local Citizens Advice Bureau.

-----------------------------------------------------------------------------------------------------------------------------------------

Questions - So I wont refer to hearing/no hearing etc,district jusdge , length of time - - - -

so just need to clarify that question 10 am I safe to reproduce the informtion from 3 ie

1 The Claimant's claim was issued on ( date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[£££££.pp] or any other sum, or relief of any kind is denied.

 

 

ok the instructions says to put - Set Judgement Aside - at 3 which I am followed by your wording with figures and dates - if can fit it in ( SO nervous..)

1 The Claimant's claim was issued on ( date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[£££££.pp] or any other sum, or relief of any kind is denied.

 

Feel SO STUPID , but cant fit 1 to 3 above on form at section 3.

Edited August 24, 2021 by dx100uk
only formatting changed

[dx100uk]

just do it

stop fretting..

 

they'll get the idea.

[dx100uk]

in 3 you put

 

set aside the judgement [number]

because the debt was already statute barred upon the issuance of the claimform [nothing more]

[AndyOrch]

CPR to use will be different in this case....use CPR 13.3...not CPR 13.2 & 3(2)

 

And I would recommend attaching a Draft Order..the court expects it.

[HateBanks]

dx100uk , ok , fairfax dry. btw. Thank you so much for all your help. Will update any news.

[dx100uk]

see andyorch post 122

[HateBanks]

ah dx100uk and Andyorch, thank you. Confused now.

Will put as you say last above at 3.

Andyorch where do i put th CPR and please could I have exact words ? Thamnk you.

 

Ok Northampton 'phone line didnt mention Draft Order, I see lots of results searching here, could you narrow down please ?

if i cant do tonight I'm going to have to come back to this on Thursday. worried Do I need to be justifying delay between discovery and sending form in now ?

[dx100uk]

no take your time

[HateBanks]

OK thanks , is there a Draft Order form, I see lots of threads / search results but reffering to different things.

[AndyOrch]

I will prepare a Daft Order for you later to attach to the N244