CCJ set aside - still dealing with court!

**mimps** · 1st July 2010, 17:54:PM

Re: CCJ set aside - still dealing with court!

Ok, so after a bit of googling, it seems they might be trying to force us into mediation. Does anyone have any ideas on how to fill this form in, for the defence?

Please? If not here, anywhere else we can go to for advice please?

I have tried a local solicitors firm, their 'bloke' is away, CAB have no convenient appointments until 9th July and we have to file this form by 12th :/

regards

Mimps

**Amy** · 1st July 2010, 20:17:PM

Re: CCJ set aside - still dealing with court!

I'm a bit confused here; has your son already had the CCJ awarded against him? Or has he received an N1 court claim?

**WendyB** · 1st July 2010, 23:17:PM

Re: CCJ set aside - still dealing with court!

from what I can remember (there's another thread on here somewhere, the original one) son got a CCJ courtesy of Bryan, sucessfully got it set aside, and now Bryan is appealing? against the set-aside, trying to bring the case again, or similar. Sort of de-set-aside. I seem to remember advising Mimps to ensure she got everything in writing, including a Notice of Discontinuance from Bryan....as we all know he is about as trustworthy as a completely untrustworthy person.......

**mimps** · 2nd July 2010, 08:15:AM

Re: CCJ set aside - still dealing with court!

Hi there

Yes Wendy (and Amy) It's us again - you guys were really helpful and it was your collective advice which saw us through.

Son had the CCJ awarded against him by default, but successfully had it set aside in April after months of waiting.

BC has been trying to appeal against the set aside, it seems as if the goal posts are constantly being moved for us. We have had no respite from new forms or the Court giving BC's new deadlines to 'prove their case', I don't see how if the Courts are giving them more time how we can demand the Notice of Discontinuation, can you help us with that too?
BC's have only been able to provide copies of a list of transactions from my son's bank account, which is in credit and his ISA account (gawd knows how they hold of that eh?) :tinysmile_hmm_t2:. They also sent a statement with a complete random name and information on it, from Orange Phone company!! That's how we got the set aside isn't it? They have no proof of debt, no paperwork whatsoever! I did ask on here how to go about getting this closed for once and for all (slug pellets thread) but had no replies

The latest is this form N149 - Allocation questionnaire (Small claims track).

We do not really know what sort of information to put on this as a defence, but have called the Court, they just said it has to be done or the Judge will file against by default again. We have already filed a defence against the incorrect information provided by BC's as their appeal!

I get the feeling he (BC)is trying to make us believe that Mediation (and therefore a settlement in his favour) is our best option, but until he can prove the origin of the 'debt' and his right to collect it, he can whistle!

I just need to know I am whistling the correct tune......

Thanks again

Mimps

**TiredofPaying** · 15th July 2010, 10:24:AM

Re: CCJ set aside - still dealing with court!

Hi Mimps,

I can't help you with the fight that you have but I thought that I ought to point out something that may help you. If you've requested information from a solicitor acting on behalf of a creditor who is pursuing you through the courts and that solicitor does not comply with your request as they "do not have the information requested" but states that the proceedings will be put on "hold" whilst the information is provided and then that solicitor subsequently obtains a judgment by default then you should consider reporting that solicitor to their own regulatory authority, the Solicitors' Regulatory Authority or SRA. All solicitors are bound by the Solicitors' Code of Conduct which may be seen at the SRA website. Rule 10.01 Not Taking Unfair Advantage says:

"You must not use your position to take unfair advantage of anyone either for your own benefit or another person's benefit"

The SRA may point out that a solicitor acting for a creditor does not have a professional duty to respond to any correspondence from a third party but if that solicitor has stated that the proceedings will be "put on hold" then I would say that they are being "unfair" if they subsequently continue proceedings and therefore may be breaking Rule 10.01 as they are clearly taking an unfair advantage.

I am under the impression that when solicitors initiate a claim they are supposed to have the necessary documentation to support that claim. A lot of solicitors use the bulk centre at Northampton where they do not have to supply the documentation to accompany the claim so the solicitors avoid the necessity of actually proving that they have a case. I am told that 95% of claims are not defended which would suggest that most defendants do not ask to see any documentation hence relieving the claimant's solicitors from providing any supporting information. That's pretty good odds for the solicitor to take a chance on the judgment being struck out due to their non compliance.

I realise that many solicitors will argue that they have thousands upon thousands of claims to pursue and that the occasional "human error" or "computer glitch" will creep into the system but my opinion is that there should be no errors allowed and that if there are errors then the resultant CCJ should be set aside. That will concentrate the minds of solicitors who want to play the rules and ensure that the credit ratings that they destroy are justifiable.

The SRA will investigate the claim. You may feel that after the investigation that the solicitors are still ignoring Rule 10.01 so you may take your claim to the Law Society. You could also write to your MP, the Office of Fair Trading, the Financial Ombudsman Service and the Financial Services Authority (the latter 3 in regard to the creditor using a solicitor who does not comply with his own regulatory authority) and I'm sure that some of the more knowledgeable posters on this site will be able to suggest further avenues. Most solicitors are aware of their obligations to their clients and the defendants they pursue but sometimes one or two solicitors are tempted to win at all costs. This must not be allowed to happen. Do not forget that some of the banks are using our money to force us into unjustifiable purgatory.

I hope that you reach a satisfactory conclusion with your case.

I'm tired of paying...

**mimps** · 17th July 2010, 17:29:PM

Re: CCJ set aside - still dealing with court!

TiredofPayig

thanks for you very useful and inspiring post here.
We are still waiting to hear from the local County Court now as to whether they see the Small Claims Track as the next viable step. I doubt they will, as this CCJ has been struck out in our favour once already this year.

I most definately think Bryan Carter is using his 'trade' in an unfair advantage and will welcome any further info that other posters can point me in the direction of..

thanks again

Mimps

**mimps** · 21st July 2010, 07:17:AM

Re: CCJ set aside - still dealing with court!

Morning all

Just a shameless bump really, we are waiting to hear from the Court about the next step...anyone else been through the same stuff with BC's?

thanks for reading

M

**starflower** · 30th November 2010, 23:47:PM

Re: CCJ set aside - still dealing with court!

hello mimps

ive joined today and read your posts re set aside, as im near to the same as ive got judgement against me after link financial told me they would put the case on stay with the court and yet got judgement next day- im furious even after faxing the court about my conversation with the claimant on the same day my defense was due yet now the court send me a n244 form to complete!

so hope your case is getting more postive for you

any help you can give me much appreciated - starflower

CCJ set aside - still dealing with court!