hearing at local court for me to have judgement set aside next week

[hypermobilecat]

In 2009 i was paying £1 a month to citibank arranged by community legal help. Citibank kept harrassing me even though we had lost our home, i was and am on high rate dla for care and mobility. i stopped paying it. I was sent a letter to say experto now owned it. now this year had a letter from mortimer clarke saying client was cabot and they wanted me to pay £12000 immediately. considering my husband is my fulltime carer, housing benefit been reduced by £50 a month and my only thing i have paid is dla,nothing else, i found it daft. when my husband and me had to go to court to have home repossessed in 2009, the paperwork showed the mortgage agreement showing we owed it. it was paid in full. so when i had this northampton form saying cabot had taken me to court,I did not think it was genuine as it was nothing like other court paper. then I had a default notice sent to me saying ccj would not be applied if I paid in full within 28 days. I sent relevant form back for exemption of court fees with supporting evidence. i also sent another form in saying i wanted judgement set aside as i did not know who cabot was,never had any proof off them that i owed them any money, i also sent in hospital letter from my consultant. because of condition i have i had a heart attack in 2007. now i have a form from local court to say i have to go for hearing re setting judgement aside next week.it says it might be released to another judge at another court. all the paperwork showing proof for exemption of court fees has not been sent to me. any advice would be appreciated, thankyou.

[PAWS]

Re: hearing at local court for me to have judgement set aside next week

See other post hello everyone warmest wishes, I am 55 nearly 56 year old female, disabled.


Hello HMC!:yo:
It sounds like you have really been through the mill in the last few years. I cannot give any sound legal knowledge myself but I will bump this up :bump2:and I expect one of the clever chaps will be along soon to give you some sound advice.

[Amethyst]

Re: hearing at local court for me to have judgement set aside next week

You must have got the application in okay for you to have a hearing date next week, and for it to get to that stage you must have been accepted as being eligible for fee remission, possibly if you aren't sure you could post a copy of the letter up ? You sound like you are quite on top of it xx

I'm not sure if you are saying the Citibank debt was paid off with the house repossession ?

As the hearing is next week its a little hard to do anything with regards defending, but to be honest it sounds like there's nothing Cabot can do to you, so if the court don't set it aside then once you put in your income and expenditure it will likely end up being another £1 a week.

Did you send a CCA request to Cabot at all since finding out about the court claim?


(Just read your other thread and no, they don't give a soggy biscuit as to them you are just a number, but you know they only paid about 9% to buy this fault debt off whoever had it before them so stick to your guns and don't feel intimidated by them)

[hypermobilecat]

Re: hearing at local court for me to have judgement set aside next week

just to say today had letter from claimants solicitor, apparently they cant find proof of alleged debt and ask for ccj to be set aside for adjournment as "the client has not yet had the opportunity to provide us with the appropriate evidence". they said they want to work with me and basically want all my financial details and even sent me a direct debit form to fill in. they are not turning up tuesday and have sent letter to court saying they want it set aside and adjourned. how come they can issue me with a ccj without any proof,?I understand things are changing in april and I think that is how it should be. I am really not a well person and if I left it ,I would have had this ccj. hope this helps others.

[Amethyst]

Re: hearing at local court for me to have judgement set aside next week

Hi

The claimants have written to the court to ask them to set aside the set aside and adjourn the set aside application hearing ?

Could you post up or type out exactly what they have said in their letter please.


The claimant only got the original CCJ because you didn't respond to the court claim, therefore in the courts eyes you weren't disputing the debt was owed, and no evidence was needed ................. had you responded to the original claim they would have had to prove the debt at that point.

The court don't look at the claims at all that go through for default judgment it's just a rubber stamp process.

[hypermobilecat]

Re: hearing at local court for me to have judgement set aside next week

will do when i can as i need privacy to do it,houseful at the moment.

[ploddertom]

Re: hearing at local court for me to have judgement set aside next week

If you are able then unless you hear from the Court before next week I would still attend. They are not beyond saying one thing and doing another. If you do attend I would also be asking for costs of the day.