Idem now Arrows/Shoos Claimform - old MBNA card debt stayed in 2016- now backdoor summary judgement!!

[dx100uk]

Urm.so how did they manage to get a backdoor SJ without the court writing and telling you they were attempting one...

 

Think you might be ringing leeds 1st thing Tuesdays.

 

DX

[dx100uk]

Also worthy to note

Last payment was 2012

Claim was stayed 2016!!

 

Going for an sj after 6 and 10yrs respectively.

 

Something very wrong here

 

Dx

[irish guy]

thanks for the advice , anything in particular l should mention in call ? apart from explaining whats happened 

 

i definitely did not receive a letter from the court regarding a hearing and i didnt receive any calls on the day which was the 16th of august as they said they attempted to contact me i have taken a screen shot from my mobile phone for that day , i have had the same mobile number for 28years 

 

[irish guy]

Update - I have spoken to Leeds CC 

The girl on the phone was helpful but didn't give too much away

 

i questioned why i had not received a letter informing me of the hearing and she couldn't really tell me .

Also questioned about the phone calls and she said they didn't have a number on record for me and suggested they may have relied on a number given by the claimant.

 

I expressed how annoyed i was that a judgement had been passed in my absence without me knowing of the hearing and she said i should apply to have it set aside using N244 .

 

I have completed this can someone read the witness statement (attached)  and let me know if i should include anything else 

 

Also before i fork out the £275 fee what is the likelihood of me being successful ? in getting it set aside Witness statement .pdf 

 

anyone got any advice please ? 

[dx100uk]

the court should be answering where the hearing notification letter was sent too , if they sent it to the wrong address when they knew the correct one or whatever and its THEIR MISTAKE, the SJ should be reversed.

 

ring again. ask those questions please.

 

you also need to be pointing out that the original claim had been stayed for more than 6yrs, that means its subject to the statute of limitation and the SJ was OUT OF TIME.

 

you also need to pointout the debt was last paid in 2012 10 YEARS AGO!!

 

dx

[FTMDave]

Open.

[irish guy]

Good Evening 

I paid the £275 to Leeds CC to get the judgement set aside in view of the lack of notification.

Have now received paperwork from Birmingham CC my local court for a hearing on XX/02/2023 

The hearing is via BT meet me and its a hearing "of the defendants application for judgement to be set aside" .

 

Any tips on what paperwork i should submit i have been given a "joint hearing bundle index " form to complete and submit 7 days prior to the hearing 

 

 

[dx100uk]

Plenty of like threads here with what needs to be in your short statement.

 

It's only a very short <20mins hearing.

 

The rest is for the full hearing if you win (you will easy) getting the set aside .

 

Dx

[irish guy]

Good Afternoon 

 

i have received the attached letter from DrysdenFairfax, please can someone have a look at it please 

I have not responded to the court yet for the hearing to be set aside ,i am within the timescales ,hearing is 17.2.2023 

They say they wrote to me with details of the hearing but i dint receive anything and definitely nothing for the court ,Leeds CC acknowledge they didnt write to me  

Any advice would be much appreciated 

 

Drysden 15 01 2023 noinfo.pdf

[dx100uk]

ignore it.

 

 

[irish guy]

Thankyou i had a feeling you might say that, i will submit the paperwork and hopefully got the judgement set aside and go from there 

[AndyOrch]

CPR 39 

[irish guy]

Am i correct this hearing is just to get the previous judgement obtained through the back door set aside .

Is the judge likely to go through all the in and outs of the debt should i be prepared 

 

[dx100uk]

No its only a15 min ish hearing typically.

Just looking to see if you meet the basic criteria , and if you do it will be granted.

On 21/12/2022 at 21:17, dx100uk said:

Plenty of like threads here with what needs to be in your short statement.

 

It's only a very short <20mins hearing.

 

The rest is for the full hearing if you win (you will easy) getting the set aside .

 

Dx

As i said before

[AndyOrch]

But this is in response to the claimant having Summary Judgment in which you failed to respond not a default judgment without your knowledge so the hearing could be more intense and look at the full details of the claim.

 

Did you submit a basic defence/statement with your application?

[irish guy]

hi 

 

Yes i did submit a basic statement (uploaded) to leeds cc 

The paperwork says "The hearing of the defendants application for judgement to be set aside -

45 minutes have been allocated for the hearing 

 

you have put some doubt in my mind if this is a full hearing or noe 

Witness statement .pdf

[AndyOrch]

Okay thanks, so after looking at your topic again it appears that there was an application to lift the stay and request summary judgment made by the claimant in July 2018 in which I advised you to oppose the application and submit a response, they state in their letter dated 4th Aug 2022 that you were served a copy of the application.

 

You then disappeared from the forum with no response until Aug 2022 informing us that the claim had been " struck out "?  You didn't upload any documents as to the reason it was struck out. You updated your topic with copies of the claim had been assigned a new claim number and later Notice of Judgment.

 

You state that you were never informed of the hearing by telephone by the court as per post#30 above.

 

Perhaps you could clarify why you said it was struck out?

 

 

 

[irish guy]

 In aug 22 i never received a copy of the application and didnt receive anything from the court , i spoke to Leeds CC about this and the clerk wasnt able to tell me where the letter had been sent.

The claim was stayed in Northampton CC in 2016 

Correct Leeds CC failed to inform me a hearing was taking place and on the date of the hearing they tried to phone me but i didnt have any missed calls  

 

I will prepare to defend on the hearing in a couple of weeks as i feel its more that a set aside hearing .

[BankFodder]

open

[irish guy]

Hi 

Just an update and hopefully finally closure .

Had a court hearing and the judge set aside the judgment based on discrepancies in the paperwork relating to account numbers and  incomplete credit agreement .

she also queried with the claimant about the timescales and delays ,so fingers crossed unless they have some other evidence to back up the claim that may be the end of it 

Thanks for the help and i will donate when i get paid