Hoist/Howard Cohen - Santander Overdraft

[Ty1874]

" the judge has had a look at my holding defence and decided that I have no case. "

 

And how have you found that out Ty ? Have you received an order...does it allow you set a side the order?

 

Andy

 

Made a complaint and received a response apologising as the original order had no information.

 

The new order states the judge has reviewed my defence and decided that it would have little chance of success.

 

I now need to do a set aside application -

think I probably need to use the non compliant default notice as well

as the fact that bank charges are included in the total amount.

 

 

Hopefully they accept.. can you go to a higher court if your set aside is unsuccessful?

[AndyOrch]

How a judge can review a holding defence and not allow the process of testing the claimant is beyond me and unheard of...trial without jury.

 

Okay so what options do you have...set a side...is there any point as he as already decided of his own accord so no matter what further evidence you offer..will make no difference.

 

I assume the claim is still with Northampton and never been allocated to your local county court?

[Ty1874]

Nope

this happen when the case was passed to my local court????

 

they have said my only option is to set it aside.

 

i have to come up with a viable defence as to why it needs to go to trial.

 

I think the default notice is my only shot.

[AndyOrch]

I really can't see that point being strong enough to convince him otherwise...particularly as it's an overdraft ...overdrafts are recalled and terminated...not defaulted.

[Ty1874]

Do outlining the debt as unenforceable as it is non compliant is not viable? so I should offer payment of the debt?

[AndyOrch]

Wait until you get details of the judgment and payment terms.