claimant wanting unstay 2 claims from 2011? - letter from court - help

[AxlR]

Hi

 

I've had a letter from the court to say that

 

"The application to lift the stay and enter judgement has been granted".

 

" This order has been made without a hearing under the Court's case management powers contained in the Civil Procedure rules Part 3.

 

 

You may within 7 days of the service of this order, apply to the court to set aside or vary the order under Part 23 Rule 10.

 

 

You must file with the court, and serve on the other parties, an application that sets out your reasons for objection.

 

 

A fee is payable on the filing of the application.

 

 

When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing"

 

Any suggestions as to what to do next gratefully received.

[dx100uk]

moved to legal forum.

 

 

dx

[citizenB]

What happened with the original claim ? Did you submit a defence ?

[citizenB]

I have moved your thread to the Financial Legal forums - you need do nothing it is purely administrative.

 

I have also asked others on the site team to look in on you to advise what you need to do next.

[AxlR]

Thanks

 

The original claim came about because I missed the payments due to being on holiday.

 

 

I called Hillesden when I got back and made the payments by phone.

 

 

Nothing happened after that re the court so I didn't need to get to defence submitting stage.

[WelshMam2009]

Nothing happened after that re the court so I didn't need to get to defence submitting stage.

 

It sounds as if they have received judgement in default.

Did you file an acknowledgement of service to the court, indicating your intention to defend all?

This would have been prior to any defence.

[AxlR]

I don't like the sound of that.

 

No, I didn't file anything with the court. The only communication I had from the court was the initial letter and nothing since until yesterday. I didn't file a defence because I made the payments. I believe from talking to the court it was stayed because Hillesden didn't pursue the claim.

[WelshMam2009]

No, I didn't file anything with the court. The only communication I had from the court was the initial letter and nothing since until yesterday. I didn't file a defence because I made the payments. I believe from talking to the court it was stayed because Hillesden didn't pursue the claim.

 

As you've discovered, a 'stayed' claim can be 'unstayed' at a later date. The claim was never withdrawn by Hillesden and merely remained dormant. As you never filed any acknowledgment or service, or subsequent defence, Hillesden now have an uncontested judgment against you.

 

I personally would be filing paperwork for the judgment to be set-aside. If you are on certain benefits, I believe that you can get financial assistance with the fee.

 

However, please be guided by the Site Team, as they are more knowledgeable than myself, as regards such matters.

 

Best of luck with this!

[AxlR]

Thanks WelshMam

 

I do intend to file for the judgement to be set aside.

 

Open to suggestions as to what argument to use.

 

I could go with the fact that I didn't file a defence because Hillesden didn't pursue the claim and I wasn't aware that I had to, but I doubt that would work. Alternatively, I could go with the fact that they haven't complied with my CCA request because all I've had is copy application forms and reconstituted terms? Both these cards are pre 2007.

[citizenB]

Here you go

 

Judgement has been granted CB....I assume he breached a Consent or similar...if not and he wants to contest it then he needs to make application to set a side (N244) the order or make appilication to vary (N245) the judgment.

 

[AxlR]

Hi CitizenB

 

I'm not sure what your post means I'm afraid?

[citizenB]

I am not sure I can explain it any better - I will have andyorch look in on you. It wont be until tomorrow, I am afraid.

[AxlR]

Thanks

 

Sorry, I've re-read it and I get it now.

 

I'm not aware of any breaches. Any advice re what argument to use re setting aside or varying please?

[AndyOrch]

" The original claim came about because I missed the payments due to being on holiday "

 

The above is the breach...did you sign any agreement with regards to payments for them to hold the claim?

 

Regards

 

Andy

[AxlR]

Hi Andy

 

Thanks very much for the input.

 

Ok, so even though the claim was made because I missed a payment on each account i.e. afterwards, what have I breached? No, I haven't signed any agreement.

 

Any ideas what, if any grounds I have for setting aside or varying?

[AndyOrch]

Let me try to explain the process...I assume the following happened...as your post is quite vague.

 

The claim was issued...you did not acknowledge the claim nor submit a defence.You rang the claimant straight away.....

 

" I made the payment straight away plus costs and they stopped the claim, that's as far as it went."

 

One payment...? the whole debt......? what costs?

[AxlR]

Hi

 

Sorry. Yes, that's it.

 

Basically, I paid the missed payments, paid an admin charge per account for their court costs to make the claim and then resumed the monthly payments. I heard nothing at all afterwards from the court, until the letters last week. I stopped paying in December 14.

[AndyOrch]

Why did you stop paying..?

[AxlR]

Because they didn't reply to my CCA request within 30 days. In hindsight, maybe not such a good idea.

[AxlR]

My plan was to try and negotiate a full and final on the basis that they don't have enforceable agreements.

[AndyOrch]

Definitely not a good idea considering you were subject to a court claim that was on hold subject to you maintaining payments.

 

 

Now if you had acknowledged service when you received the claim and submitted a defence as to why (none compliance to CCA request) .

 

 

..the claim would most probably have died a death.

[AxlR]

Agreed. Unfortunately, the claim is 5 years old and I didn't realise it was on hold. I stopped paying in January last year.

 

Any advice on how best to proceed please?

[AndyOrch]

As per my initial post.....

 

 

Originally Posted by andyorch;

Judgement has been granted CB....I assume he breached a Consent or similar...if not and he wants to contest it then he needs to make application to set a side (N244) the order or make application to vary (N245) the judgment.

 

To set a side you need a credible reason and defence

 

If you accept the judgment and its a forthwith you need to make application using the N245 to vary it to a monthly payment.

[AndyOrch]

This is from the court order........

 

You may within 7 days of the service of this order, apply to the court to set aside or vary the order under Part 23 Rule 10.

You must file with the court, and serve on the other parties, an application that sets out your reasons for objection.

A fee is payable on the filing of the application.

 

 

The fee will be £155....and you need to submit a witness statement with the application stating your reasons.........on one hand a claim from Sept 2011 seems unfair to proceed....but then you did stop payments you made agreement to them to suspend the claim.Yes they are in default of your section 78 request and yes the time delay is questionable.....whether it would succeed?

 

Andy

[AxlR]

Hi

 

Thanks very much for that. Would you suggest applying set aside based on the above, or applying to vary based on the above and the fact that I'm prepared to resume payment?