Backdoor Hoist CCJ - old BPF car Finance - set aside

[royalblue1878]

Received the CCA from BPF today. The attached PDF shows exactly what was sent.

 

I also heard from the court yesterday and the set aside hearing has been transferred to my local court. Waiting for a date.

cca edit.pdf

[dx100uk]

so a Barclaycard motor loan issued by Clydesdale bank.

is that it? very blurred, should be pages more

was the CCA sent to BPF or Hoist?

 

[royalblue1878]

A SAR was sent to BPF which is what I received today, the CCA was part of that. (I actually forgot I sent the SAR and thought this was the CCA reply which it isn't)

 

I also sent a CCA request to Hoist which has not been returned yet. (The £1 cheque has been cashed)

 

Both were posted on 30/01/2020

[dx100uk]

ok little tip.

what YOU HOLD you keep to yourself unless ofcourse its useful to your defence should it be allocated to a hearing after the set aside if the claimant wants too. but if that's the quality of the agreement its illegible!!

 

and if it does..its what the CLAIMANT produces is the important stuff

without it they cant go anywhere.

[royalblue1878]

 Thank you.

 

[royalblue1878]

Ok, it turns out I sent RobWay a CCA a couple of years ago and the number of the house on my return address was wrong. (It was a previous number from the house I had just moved from)

 

They then updated their records and sent the court papers there.

 

Does this mean the set aside is doomed?

 

Many thanks.

[AndyOrch]

Updated their records to the corrected number or your new current address ?

[royalblue1878]

I put the wrong address on correspondence with them, which they updated and sent the court papers to.

(I put my old house number instead of the new one)

 

Their solicitor got in touch and said that they believe the application now has no merit and that I should withdraw to prevent further costs.

 

I would like to argue a defence but I did not put one in the set aside application as I thought it would not be necessary due to their 'error' (Which was my error)

[dx100uk]

what do you mean by got in touch?
how

and when?

 

[royalblue1878]

By post, today.

[dx100uk]

I would expect its a std set aside buff of letter we've seen before , not specific as such to your case.

scan it up to pdf

[royalblue1878]

This is an excerpt:

 

Quote

 

Your application is made on the grounds that the claim form was served at an incorrect address. On 7th June 2017 you sent a letter to our clients collection agent Robinson Way, quoting your address as 14 xxxx Street, your address was updated and all future correspondence was sent to this address, with no mail returned as undelivered. A copy of the said letter is enclosed.

 

This letter will be brought to the courts attention and we do not believe your application has any merit.

 

 

The above highlights my error when I sent then a CCA request in 2017

 

The solicitors also requested a reply by the end of next week, telling them what I intended to do.

Also I didn't put a defence in the set aside application.

Is it possible to submit a defence draft now or is it too late?

Or maybe take one with me to the hearing?

[royalblue1878]

My court date for this is this coming Tuesday 17th March.

 

Does anyone have any advice about how to handle this in court?

 

Many thanks.

[AndyOrch]

Given that the the court claim was served to an unconnected address...you really shouldn't need to support the application with an intended defence.....it should be set a side and you should be allowed to defend the claim in the normal manner from scratch.

 

Inform the court that the claimant knowingly admits to bad service with an incorrect unconnected address and was not prepared to set a side by consent.

 

Best of luck

 

Andy

[AndyOrch]

So how did it go...no update ?

[royalblue1878]

No set aside unfortunately, the incorrect address was my error and the judge didn't think the argument  to defend the original case was strong enough. 

 

The end result is a CCJ but as that won't really affect me it's not too much grief. 

 

The experience in court was more enjoyable (if that's the right word) than I thought it would be.

 

I now have to agree a repayment schedule but they will still be waiting a long time to recoup their costs as the little work I did have is now starting to be cancelled because of Covid 19

 

Many thanks for your help to everybody here. Invaluable as ever!

[AndyOrch]

Quote

 the incorrect address was my error

 

 

Really .....?    could you expand ?

[royalblue1878]

When I received a notice of assignment I requested a CCA. In the letter I put the street number from my old address down and they updated their records , hence the court papers going to a house up the road. Basically a daft typo on my part.

[AndyOrch]

I would have thought that they would have given it due diligence and checked your correct address.....the court process is that service is only good if sent to the correct current address or last known address.....they served it on neither in this instance and therefore the Judge is incorrect....unless he also decided that your argument was weak or incorrect also so no point in allowing the Set a side. 

 

Moving onto payment arrangements..you must do this by the official avenue using the N245...do not agree directly and informally with the claimant...you will be hounded and harassed every six months for review. 

 

 

[royalblue1878]

Thanks for the N245 link, that would have passed me by otherwise.

 

I didn't argue the address thing the way you just wrote, it may have made a difference.