Help with defence for successful set aside judgement

[Babynoahsmum]

Hi just looking for some advice. Won our set aside for a ccj which was issued to an address we have never lived. The judge awarded us our costs back, ordered claiment (arrow global) to send us particulars of claim and finally ordered us to then submit a defence to both the court and arrow global. Now the thing is I don’t have a clue how to structure this or how to make sure I am complying with the court and sending it to the correct places. My defence is statutory barred. Could anyone offer me some advice on how to send this and what exactly I need to send. Thanks

[R0b]

First of all well done on getting the CCJ set aside, out of curiosity did your asked for costs back or did the judge award it off his own back?

Have you received the order from the court yet outlining when your costs should be paid or have you already been paid?

Second, have you now received the Particulars of Claim from Arrow?

[Babynoahsmum]

Hi thanks for the reply, it’s a strange one actually. Arrow global were pressuring us to sign a consent order agreeing to set aside but with both paying their own costs, they attempted to get us to sign this twice before the court case and again on the day before seeing the judge. Eventually we signed it and went into see the judge who ripped into their solicitor asking him why we should bare our own costs when they sent to a completely wrong address, he then asks what our costs were and he ordered arrow global to pay us £192 before the 1/10/18 (they phoned us a couple of days ago for bank details and put the money in our bank) they were also ordered to send particulars before 1/10 and we received those Saturday morning, we now have till the 14/10 to file our defence. But no haven’t received anything from the courts I didn’t expect to as the judge asked us to both write down the orders so I assumed that was it. Totally lost now with what’s expected of us and really don’t wanna mess up such a positive result.

[Babynoahsmum]

Uploading some paperwork

[Babynoahsmum]

This is the consent order they wanted us to sign and which we eventually did but judge struck it out

[Babynoahsmum]

And finally this is the statement of truth I sent with my n244

[R0b]

Well I guess you've learnt from experience why Arrow wanted you to sign the Consent Order. I think you got lucky and the judge was on your side because any other judge could have rubber stamped that Consent Order and you would have spent your own money at no cost to Arrow.

But the judge is right, why should you have to bear your own costs when it's not your fault? As an FYI, the normal costs rules applies for set aside applications meaning that if you are successful, your entitled to costs of preparing your application, attending court and application costs. That is why debt purchasers such as Arrow will try to pressure you to sign the Consent Order agreeing to bear your own costs - because they are taking advantage, particularly if you feel like you have good reason to set aside.

Anyway, it's probably helpful for you to post up the Particulars of Claim with personal info redacted. That way we can see what we are dealing with.

Also if you have any background story to add that would also be helpful.

[Babynoahsmum]

Hi yep I now know better!
Have posted particulars or claim above as well as my statement of truth. The alleged debt was taken out in 2004 and defaulted sometime 2010/2011 arrow global state it was defaulted on or around 6/12/11 and the original judgement was 26/07/17, so according to them not statutory barred but disagree and I hope I am right in assuming it’s on them to then prove it?

[Amethyst]

It might not have been statute barred when they obtained The default judgment but now that's been set aside the clock continued running and it is now statute barred ( assuming no payments since default) - and yes the onus is on them to evidence otherwise.

You should, as back up, send a CCA request for the agreement and terms, and probably a cpr request for documents mentioned in their vague particulars of claim... although - Do you know what the actual original debt was? They only say 'contract' - credit card or overdraft or loan?
They also don't say it was defaulted/terminated. Just assigned to them.
Presumably it no longer appears on your credit file?

[Babynoahsmum]

Thanks amethyst, I wasn’t aware the clock started running again after it was set aside, so good to know!!. It was for an overdraft and no payments since default and no doesn’t show on credit file.

About the cvs and cpr requests, would you file defense in the meantime as well as asking for documents they hold? As obviously I am conscience of the clock ticking and I only have till the 14th October to have defense submitted and I still don’t really have any idea how to do it and make sure it complys with court.

thanks

[Amethyst]

Okay as it is an overdraft the actual default date will be quite a while after your last payment and it is likely the actual default date would be taken as the date for cause of action ( so when the six years started running ).

Before you can file a defence we need to work out what it will be, the statute barring part may well be argued so it's good to have some back up.

Did you have any disputes over the overdraft at the time you ceased making any payments etc?

I think sending a SAR to Lloyds would help further along the line -Subject Access Request Letter

In the set aside conversations with Arrow was any further detail of the claim actually discussed?. You mention they said when the default date was - was that in a letter or just what they stated in court?

[Babynoahsmum]

It was my husbands overdraft from before he met me and he’s less than useless hence why I am trying to help. Just asked him about it now, he says it was an account he held for years, usual story he got into it and couldn’t get out then lost his job, with all the charges Lloyd’s put on every month he had no chance, he then went quite a while without a bank account at all and then eventually opened a new account. He can’t remember when any of this happened and has no paperwork but is certain it’s well over 6 years.

although if I understand correctly what you mean about the statue barred clock restarting due to the set aside then isn’t statue of limitation now a solid defense? As I have written proof by them that and I quote “pursuant of the account information provided on assignment, the account was defaulted on or around 06/12/11. Will post a copy of the letter I am quoting for reference

[Babynoahsmum]

Taken from a letter they sent us

[Amethyst]

Cool.

Can you get hubby to send a SAR to Lloyds.

The charges can be used as a part of the defence ( simple contract created an unfair relationship/cycle of debt and completely in Lloyds control how long they kept charging him before defaulting etc ). So the SAR should ask for transaction lists from say 2009 onwards, as it's likely the last year or so of the account will show how the charges engineered the accounts default ) Also ask for details of default, termination, assignment and original contract/overdraft agreement. Then any info that does come back may be useful should Arrow decide to continue despite the SB defence.

[Amethyst]

Taken from a letter they sent us

They're not the most informative of people are they... but at least it confirms a default rather than termination. I'll grab the basic defence outline for you anyway xxx