Tweet
Set Aside Granted...what next?
Hello all,
Yesterday I had Judgment in Default set aside.
Thank the GOds.
The Judge accepted my claim that no default notice was issued, and allowed me to defend the claim on this basis.
I managed to beg a letter from the OC which stated they had no record of a DN and that GREATLY helped.
I must now submit a defence restricted to this issue of the DN by the 19th Feb. (any help appreciated)
My query relates to what happens next.
Can I now send a CPR disclosure request to the DCA? I could not do this before because Judgment was already awarded. Now it is reversed, is that possible? Is the Claimant obliged to respond and can it still provide a block to their claim?
(After 6 months of wrangling they have been able to produce diddly squat.)
I am aware they may issue a new DN. And restart the claim. But if a previous DN is uncovered and is invalid.....can they re-issue a valid DN and continue the claim..or is it dead in the water at that point?
Many many thanks to ALL who helped thus far..........(NEM, Mystery1, Flaming Parrot, PT, Amethyst, especially)
......i wish i could buy you all a drink.
Posting the Defence below in the morning. Do I need to add anything?
IN THE COUNTY COURT AT KETTERING CLAIM NUMBER xxxxxxxxx
DATED : 13/02/2015
BETWEEN :
ARROW GLOBAL LIMITED CLAIMANT
and
MR. MONK FISH DEFENDANT
DEFENCE
Statement of Truth:
The Defendant believes the statements of fact in this Defence are true.
Signed ……………………………………
Date …………………………………....
Yesterday I had Judgment in Default set aside.
Thank the GOds.The Judge accepted my claim that no default notice was issued, and allowed me to defend the claim on this basis.
I managed to beg a letter from the OC which stated they had no record of a DN and that GREATLY helped.
I must now submit a defence restricted to this issue of the DN by the 19th Feb. (any help appreciated)
My query relates to what happens next.
Can I now send a CPR disclosure request to the DCA? I could not do this before because Judgment was already awarded. Now it is reversed, is that possible? Is the Claimant obliged to respond and can it still provide a block to their claim?
(After 6 months of wrangling they have been able to produce diddly squat.)
I am aware they may issue a new DN. And restart the claim. But if a previous DN is uncovered and is invalid.....can they re-issue a valid DN and continue the claim..or is it dead in the water at that point?
Many many thanks to ALL who helped thus far..........(NEM, Mystery1, Flaming Parrot, PT, Amethyst, especially)
......i wish i could buy you all a drink.Posting the Defence below in the morning. Do I need to add anything?
IN THE COUNTY COURT AT KETTERING CLAIM NUMBER xxxxxxxxx
DATED : 13/02/2015
BETWEEN :
ARROW GLOBAL LIMITED CLAIMANT
and
MR. MONK FISH DEFENDANT
DEFENCE
- A creditor must under section 87(1) also sections 76(1) and 98(1) of the CCA 1974 serve a default notice before they can demand payment under a regulated credit agreement. The prescribed format for such a document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations and the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).
- The Defendant submits that no default notice in the prescribed format has been served and the Claimant had no right to seek enforcement through the court.
Statement of Truth:
The Defendant believes the statements of fact in this Defence are true.
Signed ……………………………………
Date …………………………………....
