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CCJ set aside advise/ HELP Please.

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  • #61
    The CPR and CCA requests won't need to be replied to by Lowell until after the set aside has been granted.┬*

    Once your application has been received by the court they should put a bar on your account against enforcement until such time as a decision has been made on your application.

    Did you send a copy of the application to Lowell as well as the court?
    We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #62
      Originally posted by Amethyst View Post
      The CPR and CCA requests won't need to be replied to by Lowell until after the set aside has been granted.┬*

      Once your application has been received by the court they should put a bar on your account against enforcement until such time as a decision has been made on your application.

      Did you send a copy of the application to Lowell as well as the court?
      NO.

      I send application to the court only,without further request for Lowell to consent to the set aside.is that OK?
      I'm so worried if not submited application,Lowell may send bailiffi to my home to collect payment.

      Thanks





      Comment


      • #63
        As your application is submitted to the court they will put a bar on the claim so Lowell won't be able to apply for a warrant of control (ie they won't be able to instruct a bailiff until the set aside application has been decided)

        Sent a copy of the submitted application to Lowell now for their information.
        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #64
          Originally posted by Amethyst View Post
          As your application is submitted to the court they will put a bar on the claim so Lowell won't be able to apply for a warrant of control (ie they won't be able to instruct a bailiff until the set aside application has been decided)

          Sent a copy of the submitted application to Lowell now for their information.
          I provided 3 copies of everything to court.Do i need still send copy to Lowell by myself?

          Where should i send copy to? Claimant (Lowell Portfolio I Ltd) or Lowell Solicitors.
          Do i need send copy of the application with Draft order,WS and all evidence to Lowell?


          Thanks for advice,please.



          Comment


          • #65
            Amethyst

            Do i need send copy of the application with Draft order,WS and all evidence to Lowell by myself?

            Thanks

            Comment


            • #66
              Yes, just with a quick cover letter saying following your declining to consent to set aside the judgment in default please find enclosed a copy of the formal application submitted to court for your reference. It just covers all bases then.
              We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #67
                Originally posted by Amethyst View Post
                Yes, just with a quick cover letter saying following your declining to consent to set aside the judgment in default please find enclosed a copy of the formal application submitted to court for your reference. It just covers all bases then.
                Thanks,will send cover letter with N244 application, Draft order,WS and all evidence to Lowell on tomorrow.
                Shop direct just called me today to confirm my SAR request,is any other things i can do now?

                Thanks

                Comment


                • #68
                  Not really, just a matter of waiting for the court to decide what to do with your application, whether it needs a hearing or not, and see what Shop Direct send out in the SAR to help you decide whether you want to go on to defend the claim.
                  We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #69
                    Amethyst

                    Just received court letter to confirm they received my application with copy of my N244,draft order,WS ,evidence and "Notice of Transfer of Proceedings"

                    To all parties
                    This claim has been transferred to the County Court at York for that court to deal with the defendant's application to set Judgment aside.
                    That court will send you the other parties notice of the time,date and place of hearing.

                    Is that mean the court will send same letter to Lowell as well with my draft order,WS and evidence?I send 3 x copy to court with my application.

                    Can i just send cover letter with my Application,draft order and WS without evidence to Lowell,I'm a bit worried the evidence show with a lot my personal information on it.(credit report).

                    Thanks for advice.

                    Comment


                    • #70
                      Amethyst┬*
                      Any advice , please.
                      thanks.

                      Comment


                      • #71
                        That's fine - the court will have sent it now ( they were quick ) so just wait and see what the other side and the court come back with. If Lowell do get in touch and ask for anything send it then, otherwise you can just wait for York court to look and issue directions.┬*
                        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #72
                          Thanks.

                          Comment


                          • #73

                            Amethyst┬*
                            New Update:I need some advice,Please.Should┬* i send a settlement offer now (any example letter)┬* or go ahead┬* the set aside application?How┬*┬*good chance of succeeding with my set aside application? ┬*


                            The application is listed for hearing before a District Judge on 13 March.

                            On 29 Jan I received letter by shop direct:
                            Further to your request (under the General Data Protection Reg 2016) for a copy of your personal information held by Shop Direct,please be advised that we will be unable to provide this information within the anticipated thirty days.
                            Please be assured that we are progressing your request and expect to provide you with the requested information soon. ┬* ┬*┬*


                            on 14 Jan i received a call by Lowell Solicitors to regrading my N244 application,they asked me will i make payment now and i said NO,because I'm not agree of the outstanding balance and I'm still waiting shop direct send me SAR.

                            On 21 Jan i received email by Lowell Solicitors ┬*email:
                            We refer to the above matter in which we act for the Claimant.
                            Upon review of your application you are alleging that the service of legal proceedings was defective and you did not have a chance to plead a response.

                            We note that you allege the Claimant held your current address by way of the letters and the credit information that was updated. Please note that upon assignment our client takes over administration of your account.┬*
                            Therefore, with the information passed to our client by the Shop Direct Finance Company Limited (ôShop Directö) trading as Very, any reporting of address would remain the same.
                            It would be just noted that our client now has the obligation to report any changes to that default information for example if you made payments.

                            You further confirm that you were in receipt of various letters that were sent to your current address and therefore allege that legal proceedings should have been issued there also.
                            Pursuant to CPR 6.9(3), our client is satisfied they took reasonable steps such as this letter to ascertain your current and or last known address.┬*
                            You have admitted to not responding to these letters to which our client, prior to serving legal proceedings and noting that there was an active account opened at the address of ┬*(my old address), issued at this address.
                            This being the most current and active credit denoting that being your last known and/or current address.

                            We note you further allege this was potentially a fraudulent application for credit however, as previously mentioned, you have not sought to confirm your address to the Claimant when knowingly being in receipt of correspondence.
                            For these reasons the Claimant would submit that reasonable steps have been sought to ascertain your current address.

                            Notwithstanding the above allegation regarding the service of the claim form you have noted you were not afforded the opportunity to respond.┬*
                            Your application has remained silent as to why you failed to firstly respond to letters from the Claimant but secondly why you did not pay Shop Direct the outstanding balance.┬*
                            You have provided confirmation you had the agreement with Shop Direct but have failed to provide evidence why you did not pay.

                            Enclosed is evidence provided from Shop Direct which evidences items you bought, payments you made and any adjustments on your account.

                            Your application has now been listed for a hearing to which our client has instructed us to attempt a settlement.┬*
                            As the enclosed evidences the outstanding balance assigned by our client our client is prepared to take a commercial approach.

                            Our client is willing to consent to your application on the basis you make repayment of the outstanding balance due. This can be done by way of a one off payment or instalments.┬*
                            We invite you to consider our proposal and would welcome any counter proposals you wish for our client to consider.

                            Owing to the hearing date now being set we envisage any settlement looking to negate any attendance at said hearing. We look forward to hearing from you.


                            Thanks for any help

                            Comment


                            • #74
                              Ooo they sound like they were having a bad day when they wrote that but in the end they are offering to consent to the application so the CCJ is removed on condition of your settling the account.┬*


                              They have sent statements /purchases / breakdown of the debt now ? Does that help with the amount being claimed as you didn't agree it was right before as I recall ?┬*
                              We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                              Comment


                              • #75
                                Originally posted by Amethyst View Post
                                Ooo they sound like they were having a bad day when they wrote that but in the end they are offering to consent to the application so the CCJ is removed on condition of your settling the account.┬*
                                ┬*



                                They have sent statements /purchases / breakdown of the debt now ? Does that help with the amount being claimed as you didn't agree it was right before as I recall ?┬*
                                Amethyst┬*
                                They send me transaction during last 3 years,i can see the goods i return/cancel still charging in my account and some payment i have made not Credits back in my account.
                                I'm still waiting Shop direct send me SAR,so i can see more information about my return/cancel order/payment. Any idea what should i do next?

                                How big chance my CCJ will set aside if i continue┬* the hearing,so i can get more information rather than just a transaction paper.┬*┬*

                                is Lowell defend back my┬*WITNESS STATEMENT is strong enough to send the court order to my old address?
                                ┬*┬*
                                Thanks
                                Last edited by ansonlee; 6th February 2020, 16:21:PM.

                                Comment

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