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

[brightfuture]

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

 

 

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

[fkofilee]

Welcome to CAG, yes it is in the right section but the admins may move it to legal

Someone will be along shortly to advise

[AndyOrch]

Thread moved to Financial Legal Issues.

 

Thread title amended.

 

Regards

 

Andy

[brightfuture]

Thanks fkofilee ... Sounds like a potential Promotion .. Cant Wait

[citizenB]

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.

[brightfuture]

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?

[citizenB]

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

[brightfuture]

Thanks CitB

 

I'm Drafting SAR using the forum template to HBOS now.

[citizenB]

[brightfuture]

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 ??

[AndyOrch]

You need to suspend the WoC irrespective of your application to set a side.

 

https://www.businessdebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-04.aspx

 

Andy

[brightfuture]

Thanks Andy

[brightfuture]

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

[brightfuture]

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