Set aside default judgement hearing.

[wales01man]

Re: Set aside default judgement hearing.

Well done you put the Ahole in his place they must be desperate to beat you go get them next time

[PAWS]

Re: Set aside default judgement hearing.

:rockon:Good on you explorer121 for your smart defence and in telling the AG ‘AH’ where to go! It is looking good for the 27^th! I can’t wait to hear how it goes.

[explorer121]

Re: Set aside default judgement hearing.

Hi,
now heard from CC and will summarise :
Upon hearing from the Defendant in person and hearing the Solicitor for the claimant
It is ordered that
1. The judgement against Mr ...... ...... be set aside
2.The defendant to file and serve his defence by 4pm 27.11.14

Claim allocated to small claims track.
Both parties shall send written statements to the CC of all persons who are to give evidence at the trial, this includes the parties themselves and witnesses by the 18.12.14
By 18.12.14 the claimant must submit docs they are to rely on at the final hearing, copies to defendant.
By 18.12.14 the defendant must do the same with copies to the claimant.

Hearing will take place 23.1.15.

A hearing fee of £335 is payable by 28.11.14 by the claimant. (Arrow Global)

Well quite a lot to do before the 18.12.14 and hopefully advice will be forthcoming as I think I'm going to need it. I may be wrong but as the Solicitor for AG admitted in the previous hearing that they would have trouble producing a copy, original or anything relating to a CCA then they may well pull the plug on this. £335 is a lot of money to shell out and they would have to be very sure of their case.

[Amethyst]

Re: Set aside default judgement hearing.

Excellent.

If the hearing fee is paid, remember they can get it refunded if they pull out at least 7 days before the hearing - so don't take them paying it as an absolute sign they are confident in their case.

So Defence in by 27th Nov, Witness Statement and copies of letters by 18th December.

[Amethyst]

Re: Set aside default judgement hearing.

Defence is based on no CCA and Statute Barred.


22.2.2008 the defendant failed to make minimum monthly payments, a default notice was served as no response the agreement was terminated. The claimants cause of action was duly accrued on 22.22008.

So do we have details of the last payments made ? Copy of default notice ? What does your credit file say (if anything) ? or do you have any historic copies of credit file ?

[stevemLS]

Re: Set aside default judgement hearing.

Well done, really pleased to hear that.

[explorer121]

Re: Set aside default judgement hearing.

Hi Amethyst,

thanks for your reply. Yes I did understand about the 7 days option for AG. Having read through a lot of the posts here I would say it would be highly unlikely that they would pull out.

With reference to your other questions.

No details of last payments made, my letters to BL 23.9.14 and 9.10.14 refer asking for accounts etc.
No copy of default notice provided.
Credit file : Judgment date 14/01/2014 Amount £ 7,708 Court name Northampton.
No historic copies of credit file.

This is the problem with this as I have little or no information about it all. AG and BL are not providing anything and my thoughts are to use this as part of my defence.

[PAWS]

Re: Set aside default judgement hearing.

Explorer121, I have just notice the time of your last post.I hope there is a good reason for you to be up before 5 in the morning and sincerely hope you are not fretting so much that you cannot sleep. You won round one. Lots of people win and it looks like you will be one of them. :okay:
Bump this in a day or two if you do not get an answer from someone who has ‘the knowledge’ to help.If you cannot sleep because you are worried, do come on here and have a wander through but stay away from word association if you want to keep one foot in the real world! :crazy:Friday smile is good for a lift and here is a hug to keep you going!:_tighthug__by_darkm

[explorer121]

Re: Set aside default judgement hearing.

No am not fretting, always get up early and start work early but thank you for your concern and I hope to hear from others as to how to officially prepare a defence etc.

[explorer121]

Re: Set aside default judgement hearing.

Hi,
just received a copy of my latest credit file and the judgement has been removed and nothing else showing.

I now need to get on with my defence statement based on lack of CCA and statue barred.
Is there a template available to see how all of this statement should be set out ?

Many thanks.

[Amethyst]

Re: Set aside default judgement hearing.

Super.

Okay starting point for Defence http://www.legalbeagles.info/forums/...t-Court-Claims

Statute barred by virtue of section 5 of the Limitations Act 1980

We'll help you if you get the first draft sorted xxx

[explorer121]

Re: Set aside default judgement hearing.

Hi Amethyst,

I've had a go at this but am unsure how to word in 'Statute barred by virtue of section 5 of the Limitations Act 1980'. I am also not sure about sections 13,14 and 15. They do not seem right.
Would you be kind enough to look over this and see what you think.

Defence

IN THE [TOWN] COUNTY COURT CASE No. BETWEEN Claimant AND Defendant DEFENCE 1: I received the claim [Claim Number] from the [Name of Court] County Court on 23.9.14. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. 4: It is denied that the Defendant has entered into an agreement with MBNA for provision of credit. 5: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 6. The Claimants statement of case states that the account was assigned from MBNA to Arrow Global Ltd on 20.12.2011. The Defendant does not recall receiving notice of this assignment. 7. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 8: On the 23.9.14 I sent a recorded delivery request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Blake Lapthorn along with the statutory £1 fee.. I requested the Claimant provide copies of the CCA Agreement, Default Notice and Notice of Assignment and any other supporting documents. 9.Blake Lapthorn has not sent any of these documents to me. 10. On the 9.10.14 I sent another recorded delivery to Blake Lapthorn again requesting a copy of the original agreement pursuant to section [77 or 78] of the Consumer Credit Act 1974. Blake Lapthorn acknowledged my letter of 9.10.14 saying they would get back to me in due course. 11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. 12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 13. As no supporting documents have been provided as requested I would ask the Court to dismiss this claim. 14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 15. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth I believe that the facts stated in this Defence are true. Dated this 2nd day of June 20.... To the court and to the Claimant .......................... Defendant of [Address], at which address he/she will accept service of proceedings. Many thanks.

[Amethyst]

Re: Set aside default judgement hearing.

Did we sort this in PM explorer ? ( sorry lost track a bit )

[explorer121]

Re: Set aside default judgement hearing.

Hi,
yes all sorted, only put on here for the benefit of others.

Did we sort this in PM explorer ? ( sorry lost track a bit )

[explorer121]

Re: Set aside default judgement hearing.

Hi,
now the 18th is looming and I must ensure documentation is in order.
1. Write to the CC to say I will be the only one giving evidence at the Court.
2. Submit to the CC all documents I am to rely on at the hearing with copies to BL.

Has anyone been to a hearing like this and offer any help or pointers as to the best way to approach it etc. ?

Any help would be much appreciated.
Thank you.