Cabot/reston got CCJ on already SB'd - *** Struck Out with Costs Successfully Executed by HCEO***

[Upsetandfrustrated]

Sorry if I have the wrong forum.

 

In 2001 I had a Brantano Card via Creation.

in 2003 I had a business failure and told them I couldn't pay anything.

They left me alone and to be honest, they never came back to me.

 

 

Time went on and I received a letter from Lowell in May 2014,

I wrote back with the template letters from this site,

the CCA proof £1,

S10 form £10 for Account etc.

I heard nothing back.

 

 

in August, the same from Red,

again I sent the two letters with postal orders,

all via registered post. Then nothing.

 

 

November I had the same again from Fredericks, again, I sent the same.

 

 

I had not sent the Statue Barred letters as I wanted to see whether they could produce anything.

 

Then a problem. I got the same from Cabot,

I sent a letter telling them of the above and that I was not sending another £11 when nothing has been produced.

They ignored what I had sent, then passed it to their Solicitors, RESTONS.

who sent me a letter before action,

 

 

I was to answer it, but had a really bad accident in my wheelchair when crossing the road.

(a driver got fed up waiting, zoomed off catching my handle dragging me along the road.

I was being treated by the air ambulance on the road for three hours before five weeks in Hospital, three operations etc.)

 

 

I managed to access MCOL, said I had a defence, i,e. it was Statute Barred,

the debtors had not supplied anything proving I held an account with them,

apart from a internal printout showing a payment from £1.00 in April 2014 on the Account.

£1.00 that was what they paid for the debt.

 

I have since been recovering, got another operation in three weeks time and I am coping with the aftermath of the accident.

I have a Crown Court case to deal with, Police and all this compounds my other problems stemming from my disability.

 

Restons got judgement in default on the last few days in January.

I have just not been well enough to deal with anything,

now I have a Bailiff letter. Its taken three days just to write this out.

 

What can I do?

I stress, no payment has been made since 2003.

I would have defended the Court Claim had the Accident not happen.

Can I get a set aside, then look to dismiss the claim on the basis of Statute Barred?

 

Help and links to letters, court forms would be much appreciated.

[dx100uk]

yes you can get it set aside

 

 

SB is a perfect reason.

 

 

so looks like they took one of your CCA £1PO's and put it against the debt

 

 

however that itself would have been outside of 6yrs I bet anyway!

 

 

N244 me thinks?

 

 

dx

[AndyOrch]

Hi Upset

 

Restons got judgement in default on the last few days in January.

 

How...? did you acknowledge service?

 

You state you submitted a defence.

 

Regards

 

Andy

[Upsetandfrustrated]

Andy, I was in hospital when the wife brought the letter in that was caught up in the Christmas post. I went online via my Ipad, acknowledged service, asked for the 28 days.

 

I believed that gave me until the 2nd Feb (28 days) which was ready to send, however, I have the judgment dated the 28th come in on the 29th.

 

At that time, I was in hospital with an arm in 16 pieces and other cuts and soft tissue damage (the car drove over me).

 

Hopefully you will understand I was not really in the frame of mind from that point. It may not be the right attitude, I am still suffering, but using voice typing software as my left arm is not quite usable.

 

The £1.00 on the account form that I was sent was when the DCA "paid" for the debt. The letters I sent, CCA & S10, had a paragraph on them that clearly stated that this money was not to be used to set against the account. That was also on the Postal Order that they all cashed.

 

How would I do the Set Aside? The format?

[AndyOrch]

So basically you missed the defence date ? what date was on the claim form..this is the service date.

[Upsetandfrustrated]

Andy,

 

The form is stamped 22nd, envelope stamped 26th, my AOS on the 5th on MCOL, asking for 28 Days. I worked out that I should have had until 2nd Feb. but recieved Judgement dated 28th Jan.

[AndyOrch]

You should have submitted by the 24th latest (1 bank Holiday) claim date 22nd Dec 2014.......33 days

 

19 days to acknowledge the claim from and including the 23rd and a further 14 days to submit the defence.

 

Andy

[Upsetandfrustrated]

You should have submitted by the 24th latest (1 bank Holiday) claim date 22nd Dec 2014.......33 days

 

19 days to acknowledge the claim from and including the 23rd and a further 14 days to submit the defence.

 

Andy

 

Yes, I understand the dates are out, but can I still get it set aside, then aim for a strike out?

 

Any help is really appreciated

[dx100uk]

if you can prove the debt was already sb'd at the issuing of the claimform

 

 

then yes you can get it set aside and nulled.

 

 

dx

[panther12]

Did you complete the AoS in time but not submit defence? What does the judgment order say as if you did the AoS then it could be an irregular judgment.

[Upsetandfrustrated]

I completed the AOS,

did the defence thinking I had a bit more time than clearly I didn't.

 

 

I was in hospital at the time with a full cast on my arm and having treatment for my other injuries.

It was not the first thing on my mind,

I did have it done (as in written out with dates of the "alleged" account, dates of asking for proof,

and telling the first DCA it was Statute Barred with a notice to that affect).

I had every intention of filing it on what I thought at the time was the last day,

however, the day before the date I intended filing, I received the judgement.

 

I then had an operation on the 2nd, February on my arm, 18th February on my spine and elbow operation on the 7th March.

 

How do I lay out the form asking the Judge to set aside and strike out?

[AndyOrch]

Did you complete the AoS in time but not submit defence? What does the judgment order say as if you did the AoS then it could be an irregular judgment.

 

Not if the time as passed to submit the defence...irregular judgments are when the AoS has been completed and the claimant requests or the court awards default judgment within the 33 days.

 

Upset...if you are 100% sure that the debt was statute barred before the issuance of the claim then you need to complete the N244 and request an order that the claim be set a side pursuant to CPR 13.3 (a)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

There is a fee to submit the application...the fees have just gone up so you need to check online.I would advocate opting without hearing in the first instance the court will advise if different.

 

Regards

 

Andy

[Upsetandfrustrated]

Hi Andy,

 

The dates above are correct, last contact was September 2003.

 

 

When I was contacted by Lowell Portfolio No.1. I'm looking at the letter telling them that it was Statute Barred, which they ignored of course.

 

 

I sent a CCA, SAR,

 

 

then S.10 letter with £10 PO.

 

 

It all went quiet, then

 

 

our months later I get the same letter sent by a company called Red.

 

 

Again, I did the same.

 

Thanks for your help.

 

JP

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-October-2013**

[Upsetandfrustrated]

Success!

 

Judge looked at my paper work train. Admonished the Reston's Trainee Paralegal (not got a clue what that is).

 

Set aside, struck out and gave an order that this shall not come before the Court again. (which I hope means will not get another set of threats from another collection agency)

 

Awarded my £155.00 fee back and awarded costs of the morning for me and my carer of £250.00 to be paid forthwith.

 

So, I suppose they were wrong then?

 

Thanks to everyone for their help.

[dx100uk]

yes great result!

 

 

teach ruddy restons a lesson.

 

 

dx

[Upsetandfrustrated]

Question is, how long do I let them have before sending in the Bailiff if they don't pay?

[panther12]

Great result and even better as it was against Rectums.

[Old Cogger]

Love it - when they get their Rectums spanked!

[Feelingdownandout]

Congratulations, and well done you! I wish you a quick recovery

[Ganymede]

Question is, how long do I let them have before sending in the Bailiff if they don't pay?

 

The Order will probably say 14 days.

 

It will cost you £100 to enforce it so probably not worth it.

[havinastella]

The Order will probably say 14 days.

 

It will cost you £100 to enforce it so probably not worth it.

 

OR, worth EVERY penny

[AndyOrch]

Delighted for you Upsetandfrustrated

 

If you do have to execute...you add the fee to the amount owed.

 

Well done.

 

Regards

 

Andy

[SabreSheep]

WOuld be funny to have to send in the bailiffs, esp if it could be filmed

[Ganymede]

OR, worth EVERY penny

 

If you have money to burn then why not.