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Ty1874

Hoist/Howard Cohen - Santander Overdraft

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" 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?

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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?


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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.

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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.


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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

 

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

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


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 thread please PM me a link to your thread

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