Help with defence for successful set aside judgement

[Babynoahsmum]

Oh and no no default notice in with the SAR, actually no copy of any letters they sent (they must have sent some) just the phone records.

[Amethyst]

This relates to charges - https://legalbeagles.info/forums/for...-deemed-unfair

[Babynoahsmum]

Received this, this morning in regarding to my complaint to Lloyd’s re bank charges, their findings basically state they are unable to investigate my complaint due to the fact it is more than 6 years old.

Is this worth filing away for court? I mean if Lloyd’s won’t consider a complaint on the case, should arrow be able to force me into paying it?

[Babynoahsmum]

Forgot to upload attachment

[Amethyst]

Sadly that's 6 years back from now, whereas Arrows argument will be back from when the claim was issued ( which is on the cusp of being stat barred) although you can argue that it should run to when the claim was re-served after the set aside ( which would be stat barred ). But keep it in the file as you can add it to the Witness Statement.

[Babynoahsmum]

So arrow need to pay the fee to continue by 4pm today, Can I ring the court tomorrow and find it the fees being paid? Or does Husband need to do it?

[Babynoahsmum]

could you take a look at this draft for my witness statement and let me know if its anything like?


1. I live at xxxxxxxx and am the defendant in this case. I make this statement in support of my defence for the alleged debt.
2. I first became aware of civil proceedings against me on or around 01/06/18 upon receiving instruction that baliffs would be visiting my property to enforce the claimants ccj.
a. I proceeded to have the ccj set aside on the grounds the original claim form was sent to the wrong address, one which I had never resided.(Please see exhibit A original claim form)
3. After the sucessful set aside judgement I was then served once again with the original particulars of claim, after which I made in writing a request for copies of documents (exhibit b request of docs)
b. In response the claimant provided only Notice of assignment (exhibit C arrows response letter) No other documents were provided, I have not seen a default notice or received any documentation from the claimant despite my request.
4. I then made a Data subject access request to the original lender Lloyds, and received all the information they hold on me.
a. Included in this bundle was (exhibit D+E second toend statement from lloyds) 09/05/11 was the date last last payment was made into the account in question
b. Please see (Exhibit F telephone record p3) 29/06/11 Debit card block, at this time the account was unable to be used even if Defendant wanted to. Also see 19/07/11 upon when a formal demand was made for payment.
5. (Input meaning of set aside judgement) Please see (Exhibit G General form of judgement) It was ordered that the judgement entered against the defendant on 26.07.17 was set aside, therefore does no longer exist, Defendant was not served particulars of claim until 01/10/18 therefore whichever date the statue of limitation starts from this alleged debt is statue barred and unenforceable (Input statue limitation law)

[Babynoahsmum]

Amethyst please could you help me today, husband rang court and arrow have paid the hearing fee. So need to get paperwork and whatnot in order. Checked husbands work shifts and he can’t attend the hearing is bang in the middle of 3 12 hour night shifts and the ward he works on is having a break down at the moment and he won’t be able to get it off/changed so unfortunately also going to have to write a letter to the court explaining why he can’t attend.

Are you available to help me please

[Babynoahsmum]

Just checking through paperwork and wondered what this means? Does this mean that default letter, termination notices ect are not held on the system at all? And that arrow won’t have copies of them either?

[Babynoahsmum]

Is it when a formal demand was issued when the statue barred starts from? Because if it is I have found written proof that they made a formal demand on 19/07/2011 which is 6 years and 8 days from the date arrow originally brought the case

[Babynoahsmum]

Okay so I put this witness statement together today, hopefully its all set out right and detailed enough. included the evidence i will be relying upon

[Babynoahsmum]

and then the remaining 4 pieces of evidence

[Babynoahsmum]

Is there anyone available to help?

[Amethyst]

Evening, Having a read through now xx

[Babynoahsmum]

Ignore my post about formal demand, I was working it out from the date judgement was gained rather than the date they brought the case Hense why in my witness statement I used the enforcement notice and debit card block as the cause of action