Successful County Court Set a side....Help what do I do know

[Windmill]

I will apologise if this post is vague , but I have noticed you have a complete forum on the company I am dealing with , so I am sure they must read it on a daily basis so will if i can I do not want to blow my cover, but i particularly want to know what I can use in my defence statement to the court , what material I should use and my rights under consumer credit act 1974 sections and SAR requests to both the solicitors and purchaser of the alleged debt.
This is a unusual case , but a CCj was entered by default at a linked address . I discovered this through a credit report when still within the one month to pay. I applied for this to be set a side paying the fee . The hearing took place and my application was contested strongly by the advocate representing the well known purchasing company . My argument was accepted by the judge ( unfortunately if I explain the arguments my cover will be blown because it is complicated ) . Basically I now I require some information from the companies involved...and I have sent SAR and CCA requests to the Solicitors and purchasing companies. The deadlines have now passed and i have not received the information. I have received replies informing me that they were not duty bound to send me the information because a ccj had been entered and for copy of the agreement and statements I would need to write to the original lenders , however ICO have told me that they should be contacting the original lenders . In the bundle that was sent to court for the set a side by the company they included statements up to the default date but not after ....plus its presentation was deceiving which i think the judge noticed. I now only have days for the information I need so can I use the material already presented,....should i let the court know that they have not sent the information I requested and will this appear that I am looking for a loophole , should I just present what I have already for the set a side , which is my account of what has happened and if it comes later can I still send the as additional information?
I know I need legal advice but the problem is the cheapest quote is double the alleged debt and that is pointless and. I do not qualify for legal aid . Also at the moment I can not go private because I am new
Thanks in anticipation

[warwick65]

Re: Successful County Court Set a side....Help what do I do know

Hi

When the judgement was set aside did the judge make an order , also did you include a defence or skeleton defence with the set aside application?

My understanding is, when a judgement is set aside it is as if the claim had been issued but no more so I believe they are wrong to refuse your CCA request on those grounds.

Debt purchasers do regularly trawl these sites but if the set aside was based on wrong address etc that is hardly unusual

If you are saying the cheapest quote is twice the value of the debt it makes me wonder if you have contacted solicitors such as Joanna Connolly or Howlett Clarke who both do fixed fee small claims
https://justbeagle.com/

You will not get legal aid for a civil debt i am afraid

An example is one of then does small claims defences at £600 and if you paid the fee for the set aside that would be £255 - see where i am going with this

[Diana M]

Re: Successful County Court Set a side....Help what do I do know

No need to apologise for sounding "vague".

You have every right to protect your privacy. As Warwick has said debt purchasers and their solicitors do prowl the Internet forums. I know that for a fact.

So keeping things hypothetical can you say how much this claim is for because that will give a clue as to what lies ahead?

I see from your post that you've referred to a "bundle" (Trial Bundle?) so can you clarify (without naming names) exactly what stage these legal proceedings have reached please.

Di

[Windmill]

Re: Successful County Court Set a side....Help what do I do know

Thank You for your replies and apologies for not replying sooner...... I only had a few days left to file my defence before I went on holiday and have just returned .
To answer the questions above
!. The advocate argued against me for other reasons other than the wrong address.
2 a CCA has still not been sent by both parties I wrote to
3 i am being told I need to go to the original creditor for a CCA and SAR ( if I want information with my dealings with them )
4 Double the fee mentioned by Warwick and you would be near the alleged sum plus costs
5 My Statement has been forwarded to the court and other side solicitors as ordered by the district judge
6 the other side solicitors have contacted me by letter asking for information and reasons for certain actions taken before the set a side going along the same line as the advocate in the hearing
7 The letter seems a fishing one and setting time limits for a response
8 i do not know if i should respond
9 No court date has been set so far
are there any opinions and is this common
Thanks in Advance

[Diana M]

Re: Successful County Court Set a side....Help what do I do know

!. The advocate argued against me for other reasons other than the wrong address.
What were the advocate's other legal arguments?

2 a CCA has still not been sent by both parties I wrote to
You send the s 77-79 CCA Request to the owner of the debt (i.e. the Claimant) so why did you send two and to whom did you send them?

3 i am being told I need to go to the original creditor for a CCA and SAR ( if I want information with my dealings with them )
Who told you that?

4 Double the fee mentioned by Warwick and you would be near the alleged sum plus costs
'What' is double a fee mentioned in post # 2? The disputed sum (claim amount) or a solicitor's quote for taking instructions?

5 My Statement has been forwarded to the court and other side solicitors as ordered by the district judge
Do you mean your Defence or your Witness Statement has been filed at court and served on the other side? Presumably this was part of the Order following the successful set aside?

6 the other side solicitors have contacted me by letter asking for information and reasons for certain actions taken before the set a side going along the same line as the advocate in the hearing
Please explain what the other side solicitor's have requested, and what they suggest/imply/threaten they will do (application for a Summary Judgment?) if you don't respond within the deadline they've imposed?

7 The letter seems a fishing one and setting time limits for a response
Without seeing the letter it's not possible to agree or disagree with your speculation of the reason for the other side's solicitor's letter.

8 i do not know if i should respond
Neither do I (see point No 7).

9 No court date has been set so far
are there any opinions and is this common
Is what common? The court should issue a Notice of Hearing/Directions when it's ready to list the Trial date or any Hearing which is necessary before that (the Trial). Call the court to check the status of the claim.

^ ^ ^ ^ I've responded as best I can to your questions in red above.

I appreciate and respect your wish to keep the facts secret, but it's not possible to give any accurate or meaningful advice without them.

Maybe contact your local CAB to see if they can help you.

Good Luck with your ongoing case and well done for getting the CCJ set aside!

Di

[Windmill]

Re: Successful County Court Set a side....Help what do I do know

Hello
Thank you for the information above, CAB can not provide the advice and I am not able to use legal aid . I am not sure how to approach your company because I have limited funds until September, due to this ( guess this gives you an idea on the argument the claimant are using ) . Very sorry in being vague but legal beagles have a forum dedicated to the company I am dealing with ....so I would be amazed if they do not read the posts
1 The argument they used for the set a side seems to be the same argument they are going to use if it goes to court going by the letter sent to me asking for information. The judge accepted my reasons
2 The other went to the solicitors . They initially refused due to the CCJ
3 The claimants and solicitors . They said it was my responsibility to do this all they need to supply is the information they have. So another 40 days if i am lucky
4 Solicitors Quote
5 Order given for defence.....I have put a witness statement and Exhibits mainly from what the other side supplied for their argument on the set a side hearing. Order gave a date and no appeal was allowed
6 They have asked me to prove it within 14 days and explain why I took some actions again....that was already explained in the hearing and in my witness statement. I thought it was up to them to prove it. the information supplied so far to court is unreliable. They have also stated that they are waiting for a response from the clients regarding CCA
7 Accepted ??
8 Understand....but I think I need to ?
9 For the solicitor to send me a letter wanting more information and giving me a time frame
Its complicated i know but I think it is to early to give to much away at this stage
I realy appreciate your input. Thank you very Much

[Diana M]

Re: Successful County Court Set a side....Help what do I do know

Did that letter from the solicitors "asking questions" say it was being served under "Part 18"?

If so, they will have given you a deadline for response and failure to do so may mean that they will make an Application to the court to force your disclosure or your Defence be struck out and they will ask the court to order you to pay their costs.

I don't want to alarm you but I'm boxing in the dark.

Di

[Diana M]

Re: Successful County Court Set a side....Help what do I do know

I have limited funds until September, due to this ( guess this gives you an idea on the argument the claimant are using ) . Very sorry in being vague

^ ^ ^ I'm afraid that didn't enable me to guess what legal argument the Claimant is using.

Give me another riddle to work with

The more information you provide, the more likelihood it is that you'll get forum help.

Di

[Windmill]

Re: Successful County Court Set a side....Help what do I do know

Hello
I hope you had a nice week end. I( I spent mine watching re runs of the batman movies ) Thank you for the information it is appreciated . The letter does not say part 18. Do you have to owe them money if they serve Part 18? I am sorry if it is become a bit of a game but I have read some of the other posts about this company and they seem ruthless. Do they have to give me the original lenders information about me on the SAR request ( eg contact them for what they have ?
Also I have been reading regarding pre 2007 debts what is the difference between pre and post that date please?
When the riddler appears ...the hero is always there
Thanks