Lowell Claim form, old Vanquis debt

[Bobraf]

So what kind of defence should I be looking at submitting? I’m confused now

[dx100uk]

you cant.

I would ring the court on tuesday and demand to know WHY they allowed the claimant to change your address when MCOL had it correct.

so you didn't receive the N180 N157 etc etc.

its their fault as well IMHO.

ask them what they are going to do about it as the claimant also had 2 letters addressed to them with your CORRECT address well before they changed it and they appear to have done this on purpose.

 

dx

 

 

 

[Bobraf]

I’ve spoken to the court and they just confirmed that Lowell had changed the address, and that they didn’t know any more than that. The person I spoke to last week was really helpful, and he was really confused as to the situation. This time, she wasn’t so helpful and just agreed it had been done but that I’d have to ask Lowell why..

 

im really stuck now though on the best way to proceed and what defence I can use to go alongside for set aside. Also, can I use the fact they’ve done this as my reason to set aside the judgement. I’ve read about loads of people getting it set aside when it’s gone to a different address, but I can’t find anything close to my situation.

 

also, there must be somewhere I can complain to that they’ve done this. I know they’ll claim an admin error, but I can’t see how, under the circumstances they could ever actually get away with it! It was clear when I spoke to them that it’s not too unusual and they were counting on me either not knowing about being able to apply to have it set aside, or not being able to afford it

[dx100uk]

I think it might be best to just go with the facts we know then.

 

reason to set aside ...following the issuance of a claimform, the claimant changed my address back to an old one and I received no further court communication after my acknowledgement and defence filing. Thus they attaining a default judgement.

 

Defence.. i registered via MCOL, my acknowledgement and defence filing was accepted. The claimant then changed my correspondence address despite receiving 2 important documents [ a CCA request and a CRP 31:14 request] sent to them prior to their change.

 

This denied me the opportunity of filing a witness statement and they attained a default judgement.

 

The claimant has also failed to date to respond to either request and I am devoid of any paperwork they might hold at all regarding the truthfullness of their claim.

[Bobraf]

Thank you, that’s really helpful, I will look at sorting this today.

 

can I request that they refund the set aside fee? It seems unfair that they can do this and then I have to pay to get it stopped.

[dx100uk]

ask at the hearing if one happens

[Bobraf]

Can anyone help me please?

I didn’t apply for the set aside as some urgent bills came in that I wasn’t expecting so couldn’t pay the fee then, am I still ok to apply for this to be set aside? 

 

I’m still confused over what I need to put in the application as well, the defence that I need.

I understand the basics of it, but not sure how to lay it all out and how to word it if that makes sense?

[dx100uk]

post 29

 

[Bobraf]

Thank you.

Can I lay it out just like that?

Do I need to add much more bulk to it?

 

also, I’ve just been told I’m too late to apply for a set aside, it’s been about 6 weeks since I found out about it all, is that too long?

 

sorry for all the questions, I’m so stressed about this, and I’m also pretty clueless, but I do appreciate your help

[dx100uk]

rubbish who told you its too late?

we've had set aside +4yrs after the event.

[dx100uk]

how did this go?

 

[Bobraf]

Sorry, I know this is from ages ago, I've only just seen this. 

 

It didn't.

I had a lot of other stuff going on at the time, and was then advised by my union to go for a DRO.

I decided it was a good idea, went through all of the preliminary stuff, had it all agreed in principle, but then couldn't get an appointment with the main DRO man, apparently they only had the one, who could process it.

He'd looked and agreed, but it never got as far as him.

 

I also phoned CAB but they said they could offer no appointments for it at that time as they were so busy.

In the meantime I was advised to start paying the CCJ before they tried to get bailiffs involved, so I did.

 

And now I'm paying them a nominal monthly fee for probably the rest of eternity.

I'm really annoyed with myself, but if I was to take it back to court now and lose, then that's another 18 months of having the CCJ on my credit file.

 

And now I'm paying it, I'm pretty sure I cant anyway? 

[dx100uk]

it there for 6yrs regardless

if you win it gets removed

if you lose

it doesn't change it time showing.

 

[Bobraf]

Oh, I thought if I managed to get it set aside, and then i lost, I thought the date would then be from the date of the new case if that makes sense?

[dx100uk]

yes correct, if you win the set aside but then lose the reset (IF IF there is one!) then yes a new 6yrs.

i was more thinking if you lose the set aside, it wont reset .