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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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Claimant4wage

Judgment set aside hearing..

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Greetings..

Hi,

I am new to this forum .. ITS REALLY A GREAT SITE.

 

I would like to get some advice from your great service for my claim case .

 

I explain briefly below;

 

I am the Claimant and a judgment was given DEFAULT in favour of me in a county court for my unpaid wages as Defendant did not come to the HEARING.

 

As defendant did not pay me , I was about to make an application to the court for the service of Bailiff , then Court Notice arrived with the copies of judgment set aside application and a witness statement of defendant , saying as follows;

 

'' TAKE NOTICE that the application to set aside judgement Hearing will take place on 1st November 2016. 30 Minutes has been allowed for the Hearing ''

 

please kindly help me to answer the following;

 

1. Should I take my eye witness along with me to this Hearing to prove my case which I hope

will help not to set judgment aside ?

2. Can I send my witness statement with my REPLY to the court for the defendantst false

details?

3. Actually what will happen at this Hearing and what will the Judge ask me ?

4. What is the consent order ? I coundnt understand it fully .please give some details..

5. How to write to Judge to make an Order to the defendant to bring some

documents for the HEARING , I many times had asked for from defendant which he

did not serve me yet?

 

hope you will find some time to answer me kindly.

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Hang on a sec ... .... nope, my psychic powers fail me.......

So, to answer some of your questions, you are going to have to give the details behind those questions!.

 

Numbered as per your questions, but replying in a different order:

4) You ask "What is the consent order", but you give no details of the consent order being sought, which makes it difficult to reply.

I can answer "what is A consent order" : it is an order of the court that is made after both parties agree a resolution that means that particular issue need not go to trial, but to answer "what is THE consent order" - you'll have to give details of the draft consent order being proposed!.

 

1) As for "Should I take my eye witness along with me to this Hearing to prove my case which I hope will help not to set judgment aside" : it depends. It depends on what grounds the defendant is seeking to have judgement set aside. If they are (for example) claiming not to have received the claim form, and not defended because of that, your witness will be irrelevant (unless they can say the defendant DID receive the claim form!). The hearing for the set aside need not be a "mini-trial", it is a hearing to determine if the case gets re-opened and re-heard, not the resulting trial itself. If the defendant is going for a set aside on grounds that you can absolutely show have no reasonable prospect of success, that a statement from that witness might help, then yes, they may be of use, BUT again, since you havent given the details - how can people replying here know?.

 

2) "Can I send my witness statement with my REPLY to the court for the defendantst false details" : yes, you can oppose the application for set aside, giving your reply, supported by a witness statement ..... again, what you should say will depend on what the defendant has put in their application and their witness statement........

 

5) "How to write to Judge to make an Order to the defendant to bring some documentsfor the HEARING"

If the set aside isn't granted, do you still need the documents?. You could make an application for disclosure of the documents for if the set aside is granted. The details will be influenced by which 'track' the case is being heard in (small clams, fast-track, or multi-track).

 

3) "Actually what will happen at this Hearing and what will the Judge ask me"

Again, this depends on what grounds the defendant is using to ask for the judgment to be set-aside, and again, if set aside, that doesn't mean that there will be a trial of the issues that day, just that the case gets re-opened, with a hearing on a later date.

 

The answers I have given are necessarily vague, because you haven't given the details that might allow more precise replies.

Can you post up (suitable redacted) your PofC, and any applications / witness statements since.

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Thread moved to General Legal Issues..in view of the Judgment.

 

Regards

 

Andy


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The key thing to understand is that this will only be a set aside hearing - i.e. to determine whether the default judgment should be set aside. It is unlikely to be a full hearing of the entire case.

 

If the application to set aside is successful, the defendant will normally be required to serve a defence within a particular period of time. The case would then proceed through the court system as a defended case, ultimately leading to a hearing. If the application is not successful, the judgment will stand and that should be the end of the matter.

 

1. Should I take my eye witness along with me to this Hearing to prove my case which I hope will help not to set judgment aside ? You can take someone along but he is unlikely to be permitted to speak. As I mentioned the hearing will just decide on whether the judgment is set aside and will not go into a full hearing considering issues of evidence.

 

2. Can I send my witness statement with my REPLY to the court for the defendantst false details?This is not necessary. If you do choose to serve a witness statement, it should be very short and confined to why the judgment should be set aside (not a full description of everything to do with the case.

 

3. Actually what will happen at this Hearing and what will the Judge ask me ? The main points the judge will be interested in are (1) whether the application to set aside was made promptly (which is a requirement under the rules, and (2) does the defendant have an arguable defence to your claim.

 

4. What is the consent order ? I coundnt understand it fully .please give some details. A consent order is an agreement between the claimant and defendant, which the court approves.

 

5. How to write to Judge to make an Order to the defendant to bring some documents for the HEARING , I many times had asked for from defendant which he did not serve me yet? As this is only a set aside hearing, the defendant will not be expected to provide full disclosure of his or her documents. If the default judgment is set aside and the case proceeds through the court system as a defended case, disclosure will come after that.


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steampowered, BazzaZ, user-online.png

Thank you very much for your replies..

I will brief my case below ;

 

For my unpaid wages I took legal action against the defendant 06 months ago in county court. Defendant received my claim and he sent defence for my claim with DQ to the court.

The claim was allocated for a Small claim track and court notice for HEARING sent to me asking me to serve and file documents to the court and defendant.

 

I did as court ordered but defendant did not serve and file his documents. Then I went to the court with my 02 eye witnessess . But defendant did not come to the Hearing. I told Judge I served all documents to the Defendant but he did not serve me any. So Judge questioned me and examined my all documents including my witness's statements. Thus, Judgment was granted in favour of me.

 

Then court sent me the copy of judgment order which sent to Defendant who then applied for set aside judgment after having received the judgment order. The court sent me copies of defendant application for set aside judgment with his witness statements.

 

The reason has been said in the set aside application is NOT RECEIVED notice for the Hearing as defendant moved to the new place. This is the sole reason he has mentioned to the court. An other things is he has requested this set aside jugment to be dealt without a hearing which the court did not accept.

 

The argument of defendant is I was not a employee but a Volunteer. I gave many evidences to the court to prove my employment with him although I had verbal agreement .

 

I need to write some points here about the statements of defendant sent with set aside judgment application.

 

He has said in his witness statement that He MISPLACED the court letter for Hearing, as he moved to the new shop. But the shop is just adjoining one.

 

But his solicitor mentioned in his case statment that Defendant DID NOT RECEIVE COURT LETTER and THEN HE MISPLACED THE LETTER due to moving to new place.

 

I need to give some explanations to the court about these statements I believe are contradictory which proves defendant had received the court letter for hearing so that he mentioned MISPLACED.

 

I am preparing my reply to the defendants statments to be sent to court.

please KINDLY give me some advice on this. Sorry for my simple English.

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What is proposed in the proposed consent order?

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That doesn't sound like a default judgment to me. A judgment granted at a hearing is just a regular judgment.

 

His excuses don't sound very convincing to me. He knew proceedings were in progress so it was his responsibility to tell the court his new address.

 

Your witness statement should be kept relatively brief. There is no need to repeat what you have already written in the particulars of claim as that will be on the court claim. You should focus on the reasons why the judgment should not be set aside (rather than the reasons why you should win a case if the case was to be re-heard).

 

It sounds like the most convincing reasons are as follows: (1) Excessive delay. A set aside application is supposed to be made promptly, yet the judgment was granted six months ago. (2) He clearly knew about the proceedings because he filed a defence. It was his responsibility to inform you and inform the court if he moved premises. He can't move premises in the middle of court proceedings and not tell anyone his new address, then act surprised when he doesn't receive correspondence. (3) His new shop adjoins the previous one so he should have received notice of the court hearing anyway.


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Thank you for your kind reply..

Can you please comment on the following statements ;

''''Defendant has said in his witness statement that He MISPLACED the court letter for Hearing, as he moved to the new shop. But the shop is just adjoining one.'''

BUT,

''' his solicitor mentioned in his case statment that Defendant DID NOT RECEIVE COURT LETTER and HE MAY HAVE BEEN MISPLACED THE LETTER due to moving to new place''.( adjoining shop).

 

My point ; The term MISPLACED clearly proves that the defendant received court letter .. Didnt he ? If he did not receive the letter from court , as his solicitor mentioned, then How could a letter be misplaced if that was not received ? make any sense ? I THINK DEFENDANT INTENTION DECEIVING .

 

Because these are the points I am going to point out to the Judge at the Hearing and if I am right I can convince Judge not to set aside.

 

please explain me kindly and advise if I am wrong..

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I think that you are following a red herring here by dealing with the issue of nonreceipt of the papers.

 

You can certainly point out the contradiction to the judge but the most important issue is whether he will succeed if he is permitted to file a defence.

 

You say that his version is that you are a volunteer – I imagine this means an unemployed volunteer.

 

You say that you have evidence that you are employed in some way. This is the part of the set-aside application which you need to deal with. You need to put together proper evidence that you are working there under some kind of contract – whether verbal or written that you will be paid for what you do. If you can do that, then there is a great likelihood that his set-aside application will fail.

 

You really aren't giving us very much information and you are wasting time by making us ask you questions which really should be entirely obvious.

 

Please will you post up a copy of his set-aside application so we can see exactly the grounds for the application.

 

Please will you post up of your claim so we can see exactly what you have claimed.

 

Please will you explain to us why he says – or he believes – that you are a volunteer.

 

Please will you explain to us exactly the circumstances of the work that you were doing including how long it has gone on, the kind of business, the hours you have put in et cetera.

 

Please will you explain to us exactly what you believe you have in the way of evidence to support your case. If you give us this information then we can help you. As has been said in an earlier post, we are not psychic.


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@BankFodder

 

Thank you very much for your advice.

I have many more pages of statments which I can not post here. Bu I will try to post the very important points with regard to this claim. Can you please give me some advice on the below matter;

 

Defendant runs his small business from his kiosk within a shop. He wrote to the court that court officer had said , the hearing notice was posted in 5 May 2016 to his old address. He has sent to the court his Licence to occupy agreement date starts 10 April 2016 so that he moved to the new address on 10 april 206. Therefore he said he did not receive the hearing notice which was sent to his old address on 5 May 2016 because he was not there on this date.

 

But Company House shows he has changed his trading registered address to the new addess on 20 June 2016. if so he must have received the hearing notice.

 

What I want to know is can defendant runs his business from the new address without changing his trading address on the same day as in the licence to occupy agreement ?

 

Can he changes his trading address after one and half months of getting the licence to occupy agreement?

( old address chnged to adjoining address , ie ( No - 98 TO No - 100 )

 

If I am right I can point out these too.

sorry for my simple English.

please some time to reply ..

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Once again, you are chasing the issue of nonreceipt of the claim documents. Believe me it is all scarcely relevant and the matter of whether or not he changes address in time is just a technicality.

 

You really haven't dealt with the important questions I posted in my message above.

 

Until you deal with those questions, I don't think there is much we can do to help you.


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with bankfodder'

on that ground, the def wld need to show on balance that they did not get the claim. you wld then need to counter their balance that they did, including as per cpr rules re deemed service.

and, also that any other possible grounds for set aside are rebutted. is their only ground for set aside re non receipt?

for the guys to post on, you need to post up the info bank requested. things cant be considered in isolation.


IMO

:-):rant:

 

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What you don't appear to be grasping is that just because you have judgment because the defendant didn't respond for whatever reason doesn't automatically mean that he won't be allowed a set-aside based purely on the fact of a non received letter.

 

Even if you can prove he did receive the court letter, the court have discretion to allow the set-aside and prefer matters to be resolved based on the merits of the case - hence the info requested in post #9.

 

By all means bring up the matter of the letter but don't get hung up on semantics, your main priority should be to prepare an argument to demonstrate to the court that his defence has no triable issues worthy of a full hearing.

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Dears ,

Obeying some of your great advice , I applied to the court to order to defenant for the disclosure of cctv footage of some of the days I was working with defendant. Court has ordered to the defendant to produce a disc of recorded cctv footages for the days , i.e , between 10 september 2015 and 25 september 2015 , I have requested for.

 

The Defendant has been given 05 working days to produce this footages.

If I get these footages , this will clearly show disputes and arguments he had with me on the day I was stopped from working.

Its an information to all who replied. I wll post other details of my claim in days..

 

But I am sad becuase sometimes defendant will delete all these footages and tell the court all have been accidently deleted.

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