Set aside default judgement hearing.

[explorer121]

Re: Set aside default judgement hearing.

Hi Amethyst,

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.

Just a point,

my defence has been submitted and acknowledged, my papers are with the CC and also acknowledged as ordered by the 18.12.14 and copies sent to BL by recorded delivery.
No papers or copies of received from BL and the 18th December post has now passed.

Christmas post aside they have had plenty of time.

Two emails from BL asking if I would accept a commercial offer to settle at half the original claimed amount and the other urgently requesting a reply.
I emailed BL and reminded them that the judgment is set aside and reverts to a defended claim afresh and their client's offer is not relevant.

Just thought I'd keep you up to date,
regards.

[explorer121]

Re: Set aside default judgement hearing.

Just to update you. I have had a letter dated 29.12.14 from BL enclosing a Notice of Discontinuance with regard to the Court claim. The claimant discontinues all of this claim against the defendant.
Fantastic news and a relief to !
However it does beg the question regarding my costs to date and I wonder if I should let sleeping dogs lie or pursue for costs ? My costs total £220.16 to date and were submitted with the documents required for the hearing on the 23.1.15.

[explorer121]

WON ! Notice of discontinuance. Re: Set aside default judgement hearing.

A massive thanks to all who helped win this case. Lots of stress and many sleepless nights didn't help either ! It is a gruelling experience to follow things through and requires total dedication and belief in what your doing.
My special thanks to Amethyst who guided me through this.
Anyone else who finds themselves faced with a similar situation take hart as it can be done.

Now about my costs............ ! LOL

[PAWS]

Re: Set aside default judgement hearing.

news.gifFANTASTIC NEWS!!! Well done you and once again Amethyst is an absolute star!
I know you might have had sleepless nights and the old knees will have knocked together but you kept your cool and your wits about you when it mattered. You are an inspiration to many of us on here and we all benefit from your hard work and bravery. Have a drink, I will be raising my glass to you and Amethyst this evening!drinking-wine-smiley-emoticon.gifdrinking-wine-smiley-emoticon.gif

[Amethyst]

Re: Set aside default judgement hearing.

Hiya,

Okay costs wise, as it was small claims you aren't entitled to much in the way of costs. However you made an application for set aside and attended a hearing so they should have to pay those costs. Were costs not discussed at all at the set aside hearing or mentioned in the order to set aside the CCJ ? They should have been ordered at that point really.

CPR 38 ( discontiuance costs bit) doesn't apply to small claims track (ie claims under £10k)

You can write to the claimant asking for the set aside app and hearing costs (which I think is your £220 - app fee and half day off work etc?) but I don't think I would throw any further money at it applying for the costs through court if they weren't ordered.

Mystery1 is probably the best person to speak to on costs issues, bit more hard line than I am... I'm more a 'yey, debts gone, let sleeping dogs lie' type person, much to others annoyance xx

Sharon
xxx

[explorer121]

Re: Set aside default judgement hearing.

Hi Sharon,
thank you for that much appreciate the response. The only costs discussed at the set aside hearing were those of AG for which the Judge dismissed any award.
Will right to BL and enclose the costs as mentioned in my statement of costs already sent to them.
Will also cc Mystery1 on this for a comment to.

Best wishes
Duncan
xx

[explorer121]

Re: Set aside default judgement hearing.

Good evening,
I trust this find you well.
On returning from holiday I have received a letter from AG referring to a letter passed from BL regarding the account. They acknowledge request for documentation pursuant to CCA 1974.
They say a CCJ was obtained on the 14.1.14 by BL and they are at liberty to proceed to enforce.
I have replied informing them the judgment was set aside on 13.11.14 by the CC and subsequently dismissed 23.1.15 by the CC.
I also in formed them that the solicitors BL sent a letter of discontinuance dated 29.12.14 on behalf of AG.
I also informed them as follows :
Thank you for your letter dated 31/03/15.

The County Court Judgment you refer to dated 14.1.14 obtained by Blake Lapthorn was set aside by General form of judgment dated 13.11.14 by District Judge Davy by way of a previous hearing.

A subsequent hearing on the 23.1.15 by District Judge Davy dismissed the judgment and the papers were filed accordingly. The judgment has been dismissed.

Your solicitors, Blake Lapthorn also sent a notice of discontinuance dated 29.12.14 on behalf of yourselves.

You have already legally notified me that you are the legal owners of this debt, therefore, I further request that when you confirm that you are no longer pursuing this debt due to it being Statute Barred, that you further confirm that the debt will not be sold on, passed to any other collector or returned to the previous owner, which will be deemed to be an action not in accordance with the OFT Guidelines on Consumer Debt. Failure to provide this guarantee, will result in a formal complaint being raised, and passed to the OFT and trading Standards.

Further if at a later date another company, either as a new owner or acting on your behalf contacts me regarding this debt, then this will automatically result in an immediate complaint to the regulatory authorities, without further recourse to your complaint procedure."
I have also enclosed a copy of my expenses to date and under the Civil Procedure Rules I would be grateful for your cheque for £220.16 within the next seven days.
Failure to comply with these requests will result in me issuing claim for the amount outstanding through the small claims court.

A further reply from AG acknowledging my letter and stating they will undertake a full investigation and also enclosing a copy of their complaints procedure.
I have not replied to this and again have revived a letter dated 7.5.15 saying their investigation is on-going because they are awaiting a reply from MBNA. They then state they should be able to bring matters to a speedy conclusion by 6.6.15.

This is all unbelievable as the CCJ has been dismissed and I thought put to rest. Can they keep harassing me in this way ?
Your advice would be much appreciated.
Many thanks.

[nemesis45]

Re: Set aside default judgement hearing.

This Debt Purchaser/DCA world No department ever passes information to another!!

Did you send copies of all the court papers/orders with the complaint?

nem

[explorer121]

Re: Set aside default judgement hearing.

Hello,
thank you for your reply. No I didn't send any copies of papers etc and I must add I haven't yet complained as this seems to be only an investigation by AG at the moment.

[nemesis45]

Re: Set aside default judgement hearing.

I cannot remember how many times over the years I've seen the " collections " dept. of a Debt Purchaser continuing to chase a debt that's been blown out in court or has been closed/dropped by another.
So much is on " autopilot" e.g. ' letter A ' must be sent initially, 'letter ' must follow 14 days later whatever may have transpired during the 14 day period.

nem

[explorer121]

Re: Set aside default judgement hearing.

I cannot remember how many times over the years I've seen the " collections " dept. of a Debt Purchaser continuing to chase a debt that's been blown out in court or has been closed/dropped by another.
So much is on " autopilot" e.g. ' letter A ' must be sent initially, 'letter ' must follow 14 days later whatever may have transpired during the 14 day period.

nem

Hi,
many thanks for reply. Could you point me in the direction of where to find let A etc,
many thanks.

[nemesis45]

Re: Set aside default judgement hearing.

Hi,
many thanks for reply. Could you point me in the direction of where to find let A etc,
many thanks.

This just the process of " debt collection" e.g. First a vague letter stating that the DCA has a " private " matter that it would like to discuss", if no response is received the formal " Notice of Assignment" defining what the DCA is chasing and what one " MUST " do
to prevent the end of the earth hitting you". The there are the various degrees of " we have not received a reply to ... followed by threats of " doorstep " collectors" and so on it's a well known process.

nem