* discontinued * Set- Aside Strike Out

[Tennessee]

Went to court Lowell’s Solicitor hijacked me before the hearing.
provided statement verbally requested set aside or strike out due to out of country working
provided documentary evidence. Then wham as the 30 minutes hurtled by and I got angrier and angrier. DJC said provide. Written statement of truth as you have a fundamental flaw in law and this should have been on the N244. I stated that I must have been advised incorrectly or read incorrectly but it says that being out of the country is a cause to set aside.

the Lowell’s Solicitor then asked for costs for his time and I vehemently disagreed. DJC states come back and I’ll explain what next. Send your Statement of Truth in and well send you another hearing date. Help. My. Brain is shot and I’m just. Bleh

[Amethyst]

Sounds like they got under your skin before the hearing and things went to pot a little, it happens. Don't worry, it sounds like the Judge has given you a chance to get things sorted out.

Can we go back a couple stages - just fill us in the background a little - what was the hearing for? Had you applied for a set aside of a default judgment with the N244 ? But not signed the statement of truth ? Had you provided a witness statement / draft defence to the claim with your application ?

Not sure where the strike out comes in ? Were you trying to strike out their claim or were they trying to strike out your application / defence ?

[Tennessee]

Mr K Lowell’s Portfolio legal bod basically informed that working outside country wasn’t a set aside or strike out until I quoted the CPR and why I’d asked for set aside.
he then in front of two PSU people said I had no chance of getting it struck out. He then said that he Lowell’s don’t buy the debt to which I informed him that they are the sixth person to come bothering for money and that I have no knowledge of debt, he then said well you’ve known about longer than you’ve instructed court. And that’s what angered me.

Ive not received anything. I even quoted that the judgement filed whilst abroad had no defence submitted

the DCJ. Then said that it was Flawed and that a fundamental piece of the jigsaw was missing. By this time all I could see was more money being piled onto this debt that I have no knowledge of.

[Amethyst]

Did you file a formal application on form N244 ? ( if you can do a picture of your submissions that led to the hearing it might help get a grip of what the exact situation is and what you need to do ) If you have trouble redacting and posting on here you can email to admin@legalbeagles.info

[Tennessee]

Amethyst. My apologies. I’ve never been so angry in my life. So I’ll take a breath count to ten and answer your questions.

Sounds like they got under your skin before the hearing and things went to pot a little, it happens. Don't worry, it sounds like the Judge has given you a chance to get things sorted out.

what did get me angry is that judge awarded Lowell’s legal bod. £130 for waste of time. Payment in 14 days

Can we go back a couple stages - just fill us in the background a little - what was the hearing for? Had you applied for a set aside of a default judgment with the N244 ? But not signed the statement of truth ? Had you provided a witness statement / draft defence to the claim with your application ?

1. Hearing was for. A n244 Set Aside No statement of truth ever submitted. Except for the letter and info I put on N244. I have the court notes in full if it helps

Ive not had any paperwork. I was abroad working at the time of default. Again angered me because I supposed to inform creditors I’m leaving to go work. Ridiculous.

2. Yes I provided a covering draft defence

Not sure where the strike out comes in ? Were you trying to strike out their claim or were they trying to strike out your application / defence ?

i was trying to strike out claim. Under no paperwork submitted
no assigned of debt

in the 30 mins I briefly stated. Never knew I had a phone contract with 02. Never knew that the outstanding balance is 716 .

[Tennessee]

Herein is the issue I don’t have a copy of the N244. I have a copy of my letter I sent along with it. Do you wish to see that

[Tennessee]

Hi Amethyst. I’ve sent the 4 letters to your admin email

I’ve also sat and wrote my statement of Truth.

Ive got the notes to from today’s hearing. I can post them to you via the email if required

[Tennessee]

DJC stated in his summing up. That he was adjourning for me to produce new evidence brought forward verbally today. Satisfied making order claimant pay costs of £130 14 days payment.

Lowell requested £130 for wasted costs application for his time here today. Do I pay these or are these claimants costs.

I informed court i have no income.

[Amethyst]

Go for it... I had a quick look through the documents you already sent and yes, I can see the problem. It is good the court have allowed you to rectify The notes from the hearing might help with your next step xxx

Did you pay a court fee to have the hearing ? ( £255 ? ) or apply for fee remission at all ?

Was it just the letter you sent to court ( with accompanying documernts ) or did you fill in the N244 at all ? ( this is the N244 https://assets.publishing.service.go...4_web_0818.pdf )

Sounds like we should just be able to sort out your application onto the N244 with the correct CPRs referenced, file a draft defence and witness statement backing it up ( all with a statement of truth ) and then go from there - but yes - send over the notes and I'll have a look to check.

[Amethyst]

Don't send anything to the court... let us have a good look and sort things out so you are back on track and have a chance of the application succeeding ok.

If costs have been awarded against you then you should get an order through from the court then you can apply to vary - but tbh put that to one side for the moment and get the main issues sorted out.

[Tennessee]

Amethyst. Do you want them to the same email address

I filled out the N244 with the same info on the typed letter my writing wasn’t small enough to get it all in

[Amethyst]

Please

Your application would be under 13.3 btw ( it can't be cpr 13.1 to 13.5 as they're all different grounds )

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[Tennessee]

It’s been paid on my behalf. I earn 1.84 per fortnight

[Tennessee]

Yes. Thanks to you and your website I quoted that today.

Thats what had was getting me angry. I followed the rules of ABSENTIA.

[Tennessee]

I’ve sent you my put together statement of Truth. For you to read.

It it makes me feel sick that I’ve done something wrong.

All lowell said was it’s the first time it’s been assigned it’s not. They are the 5/6 people to have a crack at it