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HBOS/ 1stCredit - Default Judgement 2013..Set a Side?


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Hi All

 

In July 2007 During my time at HBOS I became severely ill with encephalitis (similar to meningitis) which left me disabled and stuttered and completely inaudible amongst other symptoms. As a result In 2008 I was let go by HBOS after 8 months of SSP - due to my long term sickness.

 

Unsecured loan 1 - From HBOS - £5000 (New Car)

 

2007 unsecured loan from HBOS - last payment must have been Late 2007 early 2008.

 

I applied under my PPI insurance during the first few months of my illness and I believed that was that. as I dont remember much of the following 2 years as I fell into a coma and began battling for recovery.

 

So Now Joy of Joys - I have a default CCJ on my credit file for £4001 as of 2013 -

I have just recieved yesterday an annual statement from 1st Credit detailing financial Transactions over the past year so i believe they where the claimant. Must have bought the debt.

 

So I am going to apply to have the CCJ set aside and wanted some pointers/tweeks/amendments on my reasons/evidence..

 

Should I acknowledge the debt??

 

Should I chase the Payment Protection Insurance Claim I made in 2007 with Halifax?

 

I missed the Hearing for the judgement as I did not recieve any correspondance from the courts hence I was unable to file a defence or attend a hearing.

 

I have only just become aware of the judgement as it was highlighted by a prospective employer.

 

Ok guys that is Debt 1 - your assistance is kindly requested :oops:

 

 

Thank you everyone..

 

 

Oh wait Did I even post this in the right section???? Coz like I'm'a such'a CLEVER!!!!

Help please Modz SAVE ME from my cleverness

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Thread moved to Financial Legal Issues.

 

Thread title amended.

 

Regards

 

Andy

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In order to set aside a judgment, you will need to show the court that you have a real prospect of winning.

 

When you say you applied under your PPI in respect of your illness, did they pay out ? If not, why not. If they didn't, then obviously the policy wasn't fit for purpose and you will be able to reclaim that.

 

I am not sure whether you would do that as a counter claim or as a separate issue.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB

 

With regards to a prospect of winning. I am wanting to challenge the debt in its entirity with the hope of the judge looking favourably upon me and my circumstances.

 

My records and memory are not fantastic simply due to the illness.

 

The PPI application I made was via telephone to the Halifax from my Hospital bed in the first few months of my illness - I was still an employee at that point. From what I remember all details where taken and the claim was going to be assessed and reviewed internally as I was staff??

 

I don't remember hearing from them nor do I have any correspondence. I believed the matter had been settled. The purpose of the insurance was for basically this - you fall ill your payments are covered. I fell ill - I made a claim - why where they not covered and why was the debt sold?

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Fair enough - I have responded on your other thread with details of Subject Access Request - you should receive data in respect of THIS situation which should help bring to light exactly what did happen.

 

If you have details of the PPI or statements, then you might want to start totting up what they owe you. Because it looks certain that they did not make the refund.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

All the spread sheets are in the link above. If you have any problems, just shout :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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:thumb:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

Hey Guys

 

I just received notification from the courts 1st credit have applied for a Warrant of Control...

 

Should I Send off my N244 to have this set aside and explain this to the Warrant of Control issuing court???

 

I'm still awaiting SAR info, I have not heard anything from HBOS since my application..

 

Any advice ??

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Quick update just got back from local court office - I dont need to file N245 as i'm applying for it to be set aside.

 

N245 basically is saying i owe the debt

 

N244 Automatically includes a stay of execution on the warrant.

 

I filed the N244 and now waiting court date.

 

Thank you guys for all your time and assistance. I really appreciate it all. Thanks

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Hearing date set 6 March - hearing listed for 15 minutes.

 

Still not heard a peep from HBOS on my SAR request.

 

Should I prep supporting evidence to take to this hearing - Medical Reports from Doctor - SAR application. PPI Complaint etc?

 

I appreciate all your help guys thank you

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