Lowells Claimforn - old Capital One***Claim Discontinued***

[AndyOrch]

Okay well waiting for your PM to decide if application to set a side is viable.

 

If we can get that into the system today...their 23rd May is irrelevant.

[jack21]

I have just PM'd you Andy

 

As mentioned in my PM, here are the two attachments I mentioned.

DN+Judgement.pdf

Edited May 17, 2017 by dx100uk
2 pages 16Mb reduced to .3Mb -dx

[AndyOrch]

Excellent thanks Jack

 

 

So they sent a blank Default Notice but not the agreement or notice of assignment by the date stated 21st Nov 2016...or submit fresh particulars by the 5th Dec 2016 so didn't comply with that Order.

 

Get back on to the court and ask did the claimant comply with the above direct to court and did the claimant comply with the courts directions Notice of Allocation dated whenever as you never got them.

[jack21]

They sent the agreement and a notice of assignment from Lowell, but not from Captial One on the 29th November but there was no default notice sent at that time. They were supposed to have sent this me and the court by the 21st November.

 

Then in the witness statement with attached evidence sent on 22nd March, they have included everything including the default notice that I have just attached.

 

What do you think is the best course of action now?

[AndyOrch]

Can you upload a copy of the notice of judgment ...the agreement and a Notice of Assignment (redacted) if not already on the thread.

[jack21]

attached

Agreement -

Notice of Assignment

 

In paragraph 5 of the witness statement, they admit they have not been able to supply a copy of the default notice and have provided a template instead

 

Do you want me to upload that as well?

docs 2.pdf

[AndyOrch]

If you could upload a copy of their WS redacted...and then I will draft a copy n244 and Draft Order for the set a side this evening..then you can take it to the court tomorrow.

[jack21]

Thanks Andy you're a great help.

This has been turned into a bit of a nightmare of a situation, all due to the fact that court had not sent me the notice of a hearing date,

then misinformed me that no hearing date has been set,

then only notified me after 30 days that a judgement had been made.

It beggars belief really.

 

Here is a copy of the witness statement.

 

Thanks again.

docs3.pdf

[AndyOrch]

I still need to know if the claimant complied with the court directions as stated in the Notice of allocation before I can draft the application.

 

Sounds to me as if Preston County Court is in disarray...short staffed... incompetent ...and defendants are paying the price for this.

[jack21]

Do you want me to ring the court and ask them if they complied with the notice of allocation sent in January ?

[AndyOrch]

Do you want me to ring the court and ask them if they complied with the notice of allocation sent in January ?

 

Well obviously they did comply as you have their witness statement...but we could still do with a copy of the Notice of Allocation and Directions.

[jack21]

OK, I will ring the court and see if they can email those to me today.

 

However they did not comply with the order from the 14th November ordering them to supply copies of the agreement, default notice and notice of assignment by the 21st November.

 

 

They didn't send anything until after that date had passed and they still haven't sent the default notice.

[AndyOrch]

However they did not comply with the order from the 14th November ordering them to supply copies of the agreement, default notice and notice of assignment by the 21st November. They didn't send anything until after that date had passed and they still haven't sent the default notice.

 

But you should of acted on that in November 2016 and asked the court to impose sanctions...to issue an or else order or strike out their claim.

[jack21]

I did ask the court if they would be taking sanctions at that time and they stated that they would make the judge aware of their non-compliance and let him decide on it.

 

I have just phoned the court again and they said they cannot do anything over the phone, that I need to email them with details of anything I need and they may or may not be able to send the notice of allocation and directions.

 

They also couldn't tell me when the payment would need to be made to get the judgement removed from the register, whether it was 30 days from the hearing or is it 30 days from me receiving notice of the judgement. They told me to put that in the email as well.

 

Problem is, how long will it take them to respond to the email I send?

 

Do you think I have a good chance of getting this set aside based on the evidence I have uploaded or am I taking too much of a risk?

 

If the CCJ has already been registered and I have already passed the 30 days, then I would have nothing to lose by applying to get it set aside.

[AndyOrch]

It wont be on the Register yet..its 30 days from receipt of Notice of Judgment.

 

Send the email and request a copy of the Notice of Allocation (N157)

[jack21]

OK I'll do that now.

 

So I would guess we won't hear back from them today.

 

What do you think are the prospects of me getting this set aside based on the fact they haven't supplied a copy of the default notice?

[AndyOrch]

Im not basing it on the default notice initially ...but on the courts error to comply with procedure

[AndyOrch]

Any news on the Notice of Allocation Jack ?

[jack21]

Hi Andy

 

I got an email back from the court today with a copy of the judgement order when I had clearly asked for a copy of The Notice of Allocation (N157). It is really starting to worry me, the standard of the staff at the court.

 

I rang up a few minutes ago and explained that I wanted a copy of the The Notice of Allocation (N157) and not the order, they emailed it straight over to me without looking at the email I had sent, when yesterday they said is was not possible to request that document over the phone and needed to be done in writing.

 

I also asked in the email, when would I need to pay the Claimant in order to get the judgement removed off the register. They said within 14 days from receipt of the judgement.

 

I asked the same question just now over the phone and they said I was out of time as it is 30 days after the date of the judgement, and that unless it is paid by the due date (23rd May) it would be registered as soon as the claimant enforced it.

 

I have absolutely no idea where I stand in terms of when the judgement has to be paid.

 

I now have the N157 form with directions and have attached it below.

 

Let me know what you think.

DOC072-1.pdf

DOC072-2.pdf

[AndyOrch]

Dont worry about the payment..if its registered it will be come unregistered once set a side..or once pointed out the judgment order received 30 days late.

 

Okay I will run through the N157 and get back to you later.

 

Regards

 

Andy

 

 

Points for reference

 

Notice of Allocation dated 13th January

Checked all documents to be served by the 30th March.....their ws statement dated 22nd.

 

On the 10th of March 2017 the Defendant contacted the court by telephone to enquire as to whether the fee had been paid and to ask if a hearing date had been set by the court as no notice of hearing date had been received.

 

The officer of the court instructed the defendant that no hearing date had been set and that they would be receiving such a notice in due course and would be given, at least, a few weeks notice prior to the date of the hearing

 

I have just phoned the court. 17/05

They are not going to accept that the hearing notice was not sent out to me in January and they have no record of me telephoning the court on the 10th of March.

[jack21]

Thanks Andy

 

By the way I do have evidence that I did phone the court on the 10th March as it is on my mobile phone bill, the courts number, time and duration of the call. Do you think that makes a difference?

[AndyOrch]

Thanks Andy

 

By the way I do have evidence that I did phone the court on the 10th March as it is on my mobile phone bill, the courts number, time and duration of the call. Do you think that makes a difference?

 

Excellent if you can snatch a screen shot.

[jack21]

Also you will see on the N157 form, it states that the Claimant needed to pay the hearing fee by 16th February or the hearing would be vacated. They didn't.

 

However, the court gave them another opportunity to do so in a later order which stated they needed to pay by the 9th March, which they did pay on the 6th March.

 

 

Attached phone bill.

[AndyOrch]

N244 Application Notice Link

 

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=484

 

3. That the judgment dated xxxxx and served by the court received xxxxxx be set a side pursuant to CPR 13.14 and CPR 3.6 PD 4 rule 3.9 (relief from sanctions) shall apply.

 

4. Yes

 

5. Without Hearing

 

6. Leave Blank

 

7. Leave Blank

 

8. District Judge

 

9.The Claimants/Solicitor

9a Give Address for documents served.

 

10. Tick Evidence set out in box below (attach your letter if required)

 

I will draft a small synopsis of the courts appalling incompetent service to go in 10

 

 

 

Note It may require a hearing but initially we ask without (fee £100) as its a court error and reality no need for Claimant to be involved.

 

 

Draft Order to follow later to attach to N244.

[AndyOrch]

Also you will see on the N157 form, it states that the Claimant needed to pay the hearing fee by 16th February or the hearing would be vacated. They didn't.

 

However, the court gave them another opportunity to do so in a later order which stated they needed to pay by the 9th March, which they did pay on the 6th March.

 

 

Attached phone bill.

 

Add that to your letter previously posted to attach

 

And also add the Order dated xxxxx they failed to disclose the documents by the date stated except for a blank template default notice.