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Court Caste Lowell/Bryan Carter - Worried sick

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  • Re: Court Caste Lowell/Bryan Carter - Worried sick

    Originally posted by illustriousmuz View Post
    My concern is that they are now aware that I am seeking to have their default judgement overturned and will rush something through in an attempt to beat me to filing my N244

    But I guess I can rest a bit easier now.
    Makes no odds get the set aside application in, line up your defence to the
    original claim.
    nem

    Comment


    • Re: Court Caste Lowell/Bryan Carter - Worried sick

      Originally posted by illustriousmuz View Post
      My concern is that they are now aware that I am seeking to have their default judgement overturned and will rush something through in an attempt to beat me to filing my N244

      But I guess I can rest a bit easier now.
      What could they rush through?

      Originally posted by illustriousmuz View Post
      Hi guys, quick question

      I have written to BC/Lowell and am awaiting a response.

      The court says I should pay the default judgement by the 23rd October. I'm concerned that BC/Lowell will make efforts to enforce this sooner? Is that possible?
      No, they can't just enforce a judgment by themselves. They'll have to apply to the court for either an attachment of earnings order (only applicable if you work for an employer) or a warrant of control. Their applications wouldn't be considered before the date set by the court and either way, you'd receive notice if they were to apply to enforce after that date. Do get your N244 in as soon as you can, the court also takes into account how promptly you acted in requesting a set aside as soon as you were aware of the judgment. :thumb:

      Comment


      • Re: Court Caste Lowell/Bryan Carter - Worried sick

        Thanks for replying everyone

        I've not heard back from Carters/Lowell but I'm filling my application form out now and about to draft my witness statement to attach to it. I have a few questions

        In section 3 I have said
        An order that the default judgment in this case be set aside under CPR13.3. I was unaware that I needed to submit a witness statment to the court pursuant to an order dated 20th May 2015 and only submitted one after receiving one from the claimaints solicitors on the 18th September 2015
        Does that sound OK?

        Question 5 on the form asks "How do you want to have this application dealt with?" I've been reading that you should usually just tick without a hearing. Is this correct? The demo form flamingParrot linked me to has hearing ticked. Unsure what to do here.

        If I do tick at a hearing, what level of judge do I need?

        Also, when I send this off, do i send the £155 payment with it or do I wait until Carter/Lowell agree or disagree to the request?
        Last edited by illustriousmuz; 8th October 2015, 10:16:AM.

        Comment


        • Re: Court Caste Lowell/Bryan Carter - Worried sick

          Originally posted by illustriousmuz View Post
          I've not heard back from Carters/Lowell but I'm filling my application form out now and about to draft my witness statement to attach to it. I have a few questions

          In section 3 I have said
          An order that the default judgment in this case be set aside under CPR13.3. I was unaware that I needed to submit a witness statment to the court pursuant to an order dated 20th May 2015 and only submitted one after receiving one from the claimaints solicitors on the 18th September 2015
          Does that sound OK?
          Sounds fine. :thumb:
          Originally posted by illustriousmuz View Post
          Question 5 on the form asks "How do you want to have this application dealt with?" I've been reading that you should usually just tick without a hearing. Is this correct?
          WHERE have you been reading that?
          Originally posted by illustriousmuz View Post

          The demo form flamingParrot linked me to has hearing ticked.
          Unsure what to do here.
          Set aside applications are usually dealt with at a hearing. :juge:

          That's why you are paying £155. :ohwell:
          Originally posted by illustriousmuz View Post
          If I do tick at a hearing, what level of judge do I need?
          A District Judge (DJ).
          Originally posted by illustriousmuz View Post
          Also, when I send this off, do i send the £155 payment with it or do I wait until Carter/Lowell agree or disagree to the request?
          For your application to be considered, you need to pay the fee or apply for fee remission. See if you qualify: http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

          Comment


          • Re: Court Caste Lowell/Bryan Carter - Worried sick

            OK So I finally got a response from BC regarding my request for them to agree to the set aside.

            They tell me they've not actually heard anything from the court and cannot agree until they hear something? I find it hard to believe that they haven't received any kind of notice. It smells more like their attempt to get me to delay applying for the set aside.

            Comment


            • Re: Court Caste Lowell/Bryan Carter - Worried sick

              Originally posted by illustriousmuz View Post
              OK So I finally got a response from BC regarding my request for them to agree to the set aside.

              They tell me they've not actually heard anything from the court and cannot agree until they hear something? I find it hard to believe that they haven't received any kind of notice. It smells more like their attempt to get me to delay applying for the set aside.
              Check with the court yourself, there is a significant backlog within HMCTS.

              nem

              Comment


              • Re: Court Caste Lowell/Bryan Carter - Worried sick

                Originally posted by illustriousmuz View Post
                OK So I finally got a response from BC regarding my request for them to agree to the set aside.

                They tell me they've not actually heard anything from the court and cannot agree until they hear something? I find it hard to believe that they haven't received any kind of notice. It smells more like their attempt to get me to delay applying for the set aside.
                If you've only written to them asking them to agree to the set aside but not actually submitted an application to the court (an N244), they wouldn't have heard from the court because you haven't applied to the court for anything. :mmph:

                The idea of writing first is precisely to avoid the cost and hassle of submitting an application in the first place.

                - - - Updated - - -

                Originally posted by nemesis45 View Post
                Check with the court yourself, there is a significant backlog within HMCTS.

                nem
                If illustriousmuz hasn't actually submitted the application, there would be nothing on record with the court. Looks like he started the process by asking them to consent to the set aside before submitting an actual application.

                Comment


                • Re: Court Caste Lowell/Bryan Carter - Worried sick

                  Actually, they say they've not received the judgement order from the court! That's a bit worrying.

                  I would have hoped that regardless they could have said, we'd agree to the application or not since I've just told them that they've got a default judgement.

                  I stayed sending the application to set aside, (foolishly), until I'd heard back from them but I'm going to send the forms off now. However, I'm worried about what I have in my draft order - do I want to ask the court to strike out the judgement and go back to proceedings or should I ask to have their claim struck out on the basis that they have failed to meet CCA/CPR obligations?

                  I am so confused. And at the same time so utterly terrified.

                  Any help appreciated.

                  Comment


                  • Re: Court Caste Lowell/Bryan Carter - Worried sick

                    Originally posted by illustriousmuz View Post
                    Actually, they say they've not received the judgement order from the court! That's a bit worrying.

                    I would have hoped that regardless they could have said, we'd agree to the application or not since I've just told them that they've got a default judgement.

                    I stayed sending the application to set aside, (foolishly), until I'd heard back from them but I'm going to send the forms off now. However, I'm worried about what I have in my draft order - do I want to ask the court to strike out the judgement and go back to proceedings or should I ask to have their claim struck out on the basis that they have failed to meet CCA/CPR obligations?

                    I am so confused. And at the same time so utterly terrified.

                    Any help appreciated.
                    Ok confusing, it seems you were relying on the claimant to inform
                    the court that they had consented to the judgement being set aside.
                    ( by consent) is this correct.

                    nem

                    Comment


                    • Re: Court Caste Lowell/Bryan Carter - Worried sick

                      Yes, in a way.

                      I wrote to BC to ask if they would agree to set aside on the assumption that they too would know that the judgement against me had been made. I also took your advice and forwarded a copy to Mr.Bartle at Lowell. I heard back yesterday with a letter from BC saying they'd heard nothing about the judgment and were therefore not in a position to agree nor disagree to any set aside application.

                      The plan was that should they fail to agree I would file the N244

                      I'm worried they're attempting to get me to delay further and hope to enforce judgement

                      Comment


                      • Re: Court Caste Lowell/Bryan Carter - Worried sick

                        Originally posted by illustriousmuz View Post
                        Yes, in a way.

                        I wrote to BC to ask if they would agree to set aside on the assumption that they too would know that the judgement against me had been made. I also took your advice and forwarded a copy to Mr.Bartle at Lowell. I heard back yesterday with a letter from BC saying they'd heard nothing about the judgment and were therefore not in a position to agree nor disagree to any set aside application. Should they fail to agree I file the N244

                        I'm worried they're attempting to get me to delay further and hope to enforce judgement
                        Call the court ask to speak to the court manager and explain the problem.
                        The delays within the system may for once work in your favour.

                        nem

                        Comment


                        • Re: Court Caste Lowell/Bryan Carter - Worried sick

                          I'll give them a call but the last time I called they were far from helpful. They just told me about the N244 and left it at that.

                          I find it odd that I should receive a copy of the judgement within 4 days but BC say they've heard nothing. I would have thought the notices would have been issued at the same time

                          Comment


                          • Re: Court Caste Lowell/Bryan Carter - Worried sick

                            I've just got off the phone with the court who have confirmed that the same order that was sent to me was also sent to Bryan Carter on the same date.

                            Unless it's been lost in the post I find it hard to believe that a court document hasn't been processed and filed by a firm of solicitors.

                            I'm back on the N244 then but I'll be amending it to try and recoup the cost of the application from Carter's.

                            It fills me with some hope that they even think their own claim doesn't hold much water when they have to rely on the enforcement of a default judgement

                            Any advice on what to include in a draft order? My witness statement is easy enough to prepare. Anything else I need to add to my form pack? I think it said I needed to file a defence again?

                            Comment


                            • Re: Court Caste Lowell/Bryan Carter - Worried sick

                              Hi Everyone

                              Can I get some feedback please? I Want to send these either tonight or first thing in the morning

                              This is my draft order
                              IN GATESHEAD COUNTY COURT
                              CLAIM No: XXXXXXX
                              BETWEEN
                              LOWELL PORTFOLIO LTD

                              Claimant
                              And

                              ILLUSTRIOUS MUZ Defendant
                              DRAFT ORDER
                              IT IS ORDERED THAT:


                              Upon reading the defendants application dated 15/10/2015


                              It is ordered that:


                              1. The judgement dated 25th Septemeber 2015 be set aside



                              2. The claimant shall provide the defendant with all notices and documentation requested on 26th January under Civil Procedure Rule 31.14 and under s.78 of the Consumer Credit Act by within 7 days of the date of this judgement


                              3. The claimant do pay the Defendants costs of this application to the sum of £155



                              4. The claimant has permission to file and serve a reply if so required


                              This is my draft witness statement

                              CLAIM No: XXXXXX
                              IN THE COUNTY COURT AT GATESHEAD
                              BETWEEN:
                              LOWELL PORTFOLIO LIMITED CLAIMAINT
                              and
                              ILLUSTRIOUSMUZ DEFENDANT
                              WITNESS STATEMENT OF ILLUSTRIOUSMUZ
                              I, ILLUSTRIOUSMUZ being the Defendant in this case make the following statement believing it to be true.
                              1. I make this witness statement in support of the application for an order that the judgment in this case, Claim No. XXXXXX Judgment dated 25th September 2015 be set aside


                              2. CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
                              a. The defendant has a real prospect of successfully defending the claim; or


                              b. It appears to the court that there is some other good reason why –


                              i. The judgement should be set aside or varied; or


                              ii. The defendant should be allowed to defend the claim


                              3. I have been responding to and defending this claim since I received a claims form on the 26th January 2015


                              4. Although I received notice from the court of a hearing date, due for 1st October 2015, I did not see any further instructions from the court regarding the provision of a Witness Statement by a specific date


                              5. On the 18th September 2015, I received a Witness Statement from the Claimants solicitors. Upon receiving this document, I decided to produce to my own witness statement and submit that to the court.


                              6. On the 28th September I submitted my Witness Statement at Gateshead Court in the mailbox outside the main entrance.


                              7. On the 30th September 2015 I received notice from the court that default judgment had been entered against me on the 25th September 2015 because my Witness Statement had not been filed in time


                              8. On the 6th October 2015, I wrote to the claimant and the claimant’s solicitors explaining the situation and requested that they agree to set-aside the judgment and proceed back to a hearing.


                              On the 14th October I received a letter from the claimants solicitors informing me that they had not heard from the court regarding the judgment and were therefore unable to agree or disagree to an application to set aside the judgment
                              I'm not sure what else I should ask for in my order? Do i request to go back to hearing? Or do I spell out my defence in my witness statement and ask to have the claim struck out on the basis of failure to provide documentation under s.78 CCA and CPR rules?

                              Any help appreciated

                              Comment


                              • Re: Court Caste Lowell/Bryan Carter - Worried sick

                                Originally posted by illustriousmuz View Post
                                Hi Everyone

                                Can I get some feedback please? I Want to send these either tonight or first thing in the morning

                                This is my draft order
                                2. The claimant shall provide the defendant with all notices and documentation requested on 26th January under Civil Procedure Rule 31.14 and under s.78 of the Consumer Credit Act by within 7 days of the date of this judgement
                                Hi

                                That bit of the draft order is not very clear, you are asking the court to order the claimant to provide you with the documents you'd previously requested within 7 days of the date of what judgment?
                                Originally posted by illustriousmuz View Post
                                This is my draft witness statement

                                I'm not sure what else I should ask for in my order? Do i request to go back to hearing? Or do I spell out my defence in my witness statement and ask to have the claim struck out on the basis of failure to provide documentation under s.78 CCA and CPR rules?

                                Any help appreciated
                                Your defence is a separate document from your witness statement.

                                Comment

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