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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

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    If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Setting aside a CCJ - Lowell

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  • #61
    Re: Setting aside a CCJ - Lowell

    The thing is they agreed to have it set aside. the representative told us that in the waiting room (first we knew of their plans). Then during the hearing the rep told the judge that we had all agreed to have it set aside. Again our own lack of prep and knowledge is to blame for not asking for a consent order.

    Once the defence is submitted i intend to start planning for what is needed at the next hearing. we will make sure we have a babysitter so we can both go in this time. we will also run through this a few times so my partner is happy with it all.

    Thank you for all your help so far

    Anthony x

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    • #62
      Re: Setting aside a CCJ - Lowell

      Evening all, we now have all the paper work back from the court and could do with some advice in what to do next. I've attached the two forms from the courts, the first confirming the set aside, the second is a notice of proposed allocation to the small claims track. this one has to be filled in and sent back to court and lowell by the 30th. what should i write in each section? [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] your help would be greatly appreciated here.

      We also got 2 letters from lowell. First the reply to the CPR. This was dated the 4th of may, which was our defense deadline (although the date stamped on envelope was actually the 5th). This letter was accompanied with a letter from 2013 that states that they had bought the debt from lloyds. a funny thing was the address on it. they'd sent it to a more recent address my partner had lived in than the one they used for court case, even though court case was a year later! not sure what games they were playing there.

      Even more interesting, they also sent in the same envelope a letter addressed to another 'customer' who owed them money. I'm sure there could be an issue with data protection here?

      The second letter just states they're getting in touch with Lloyds for my partners details.

      I've attached all correspondence. If you need any more info please let me know. Again thank you for your help!!

      Kind regards

      Anthony
      Attached Files

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      • #63
        Re: Setting aside a CCJ - Lowell

        Good morning [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION].

        We've filled in the N180 as it seems like a simple form. but after reading some other cases we have in the section C1 added "The Defendant also requests special directions from the court pursuant to CPR 27.4 (a draft is attached)"

        The attached draft says
        "
        DRAFT ORDER

        Dated .................... 2017

        District Judge ................................. has considered the statements of case and directions questionnaire filed in the claim and the District Judge having decided that before a final decision about allocation can be made

        IT IS ORDERED THAT:

        1. Unless the Claimant serves on the Defendant within 14 days of the date of this Order [the documents it refers to in its statements of case, the Claim will be struck out and there be judgment for the Defendant] OR [the following documents, the Claim will be struck out and there be judgment for the Defendant:
        • original copy of the agreement
        • default notice,
        • and notice of assignment

        2. Upon the Claimant complying with paragraph 1, the Defendant is permitted to file and serve an amended Defence within 14 days."

        we have no info from them other than what is in post #62 and having seen they often fail to comply have taken this option. do you agree? and do we have to send a copy of the draft to lowell? i know we send them a copy of the N180

        We have to post this tonight as we go to devon tomorrow till the following saturday and will have limited access to internet and no printers.

        Kind regards

        Anthony

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