CCJ Set aside hearing Monday

[Amethyst]

Re: CCJ Set aside hearing Monday

Judgement in default was July 2016. The enquiry was online with noddle just another checkbox I don't recognise this account. and a standard reply confirming the information to be correct.

Ok do you have copies of those as they would help.

[Amethyst]

Re: CCJ Set aside hearing Monday

Also maybe query why if the claim was submitted in October 2015 there was no application for a default judgment until July 2016.

Have you been in contact with the court at all asking for a copy of claim form/particulars or claim and copy of the judgment ? ( was it forthwith or £50 a month for example?)

[NGL]

Re: CCJ Set aside hearing Monday

I think thats an error on their statement just checked online and the date is 05/11/2015 judgment date.

its for £1300 and it was a single card.

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Also maybe query why if the claim was submitted in October 2015 there was no application for a default judgment until July 2016.

Have you been in contact with the court at all asking for a copy of claim form/particulars or claim and copy of the judgment ? ( was it forthwith or £50 a month for example?)

When I last rang Northampton they could not provide this as it had been transferred to my local court, so I still have not seen the Particulars of original claim or what the judgement was.

[Diana M]

Re: CCJ Set aside hearing Monday

A quick question: have you ever sent Lowells a s 77-79 CCA Request for the credit card?

And if so was this prior to the Default Judgment.

Di

[NGL]

Re: CCJ Set aside hearing Monday

No i have not sent this request to Lowells.

[Amethyst]

Re: CCJ Set aside hearing Monday

I think thats an error on their statement just checked online and the date is 05/11/2015 judgment date.

its for £1300 and it was a single card.

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When I last rang Northampton they could not provide this as it had been transferred to my local court, so I still have not seen the Particulars of original claim or what the judgement was.

Ok that makes more sense ( not better for your case particularly )

Have you asked the claimant for details of the claim & did you request their consent before filing the application ? Did you send them a copy of the application ?

[Diana M]

Re: CCJ Set aside hearing Monday

its for £1300 and it was a single card..

That will be because you can't have a credit card in joint names only an 'additional card holder' who is not liable for the account/debt (unlike a loan or bank account which can be in joint names).

Di

[NGL]

Re: CCJ Set aside hearing Monday

I asked for all the details of the judgement they did not give them to me, just a phone call saying I was in default of a judgment and how i intended to pay.

I asked to for proof of the debt as was directed to the moneyclaim website which I couldn't get on as no password. and no i didn't send them a copy of my application

[NGL]

Re: CCJ Set aside hearing Monday

Of course they are being obstructive. Basically they currently have a judgment against you and could chose to go to enforcement to obtain payment.


Okay so enquiry made Jan 2015 - so that was before the CCJ


Claim was issued October 2015

Judgment in default entered Jan 2016 ( Edit: No it was July - so long period before Default Judgment .... )

Then a further enquiry from call credit in Sept 2016


So that is going to be the sticking point.

Did you make that enquiry in writing ( email ) etc to Call credit (noddle) in Sept 16 ?

Just checked my emails as I get a confirmation from noddle when making an enquiry i have a record of the first on January 9th 2015 but nothing at all for the second one.

[Diana M]

Re: CCJ Set aside hearing Monday

although this is to my address it's been my family home since 2010 I havent always lived here. I seperated from my wife for periods and lived at my mums.

Ordinarily I would suggest you get a Witness Statement from your Mum to say that you were living with her at the time the claim was served and/or a WS from your Wife to say that she sent back all your mail 'Return to Sender' if that was the case.

However since your Hearing is on Monday that won't be practical.

But on the other hand from what you say Lowells didn't serve you with their WS until this morning so you may consider whether a request for an Adjournment of the hearing is appropriate to deal with their late disclosure of information/evidence. You could ask them to consent to an Adjournment but if the Hearing is listed for Monday 10 am that may also not be practical so you could request an Adjournment at the Hearing.

It's not really possible to say whether that's the right thing to do without knowing the facts of this case.

Were you on the electoral roll at the address where the claim was issued/served (at that point in time)?

Di

[NGL]

Re: CCJ Set aside hearing Monday

2011 at current address. 2011-2012 at my mums then nothing until 2014-to present at current address.

Yes its listed for 10am on Monday. although i only got the letter in the post today from lowells its dated the 18th

[charitynjw]

Re: CCJ Set aside hearing Monday

The Defendant cites Denning MR in Van Lyn-v-Pelias in support of his assertion that he is entitled to see the same, neglects to mention that the cited sentence was entirely obiter in a case not concerned with this issue but rather with what constituted proper Notice of Assignment

Para #18, post #1

Important legal concepts which are now enshrined in law have come from obiter.
For instance, Carlill v Carbolic Smoke Ball Co [1892]....the case had nothing to do with 'lost dogs', but Bowen LJ's obiter has been relied on ever since in advertisement cases.

[Diana M]

Re: CCJ Set aside hearing Monday

2011 at current address. 2011-2012 at my mums then nothing until 2014-to present at current address.

Do you mean that you were on the electoral roll at the address where the claim form was served and the Judgment was subsequently sent in 2015?

If so then that electoral roll information would also be visible on CallCredit which may not help your case.

If you didn't serve your Application on Lowells then they wouldn't have known about it until they were sent the Notice of Hearing from your local county court which may explain their late response.

Di

[NGL]

Re: CCJ Set aside hearing Monday

I got my court letter on the 8 September, i would have assumed lowells got theres around the same time

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Do you mean that you were on the electoral roll at the address where the claim form was served and the Judgment was subsequently sent in 2015?

If so then that electoral roll information would also be visible on CallCredit which may not help your case.

If you didn't serve your Application on Lowells then they wouldn't have known about it until they were sent the Notice of Hearing from your local county court which may explain their late response.

Di

noddle part of call credit is there free service, i think the information may be limited. As on here I only see Current Address and previous address no dates at all.

I got the date history from Clearscore which is also where I first spotted the CCJ.

[NGL]

Re: CCJ Set aside hearing Monday

Okay callcredit under Electorol Roll which is seperate to addresses. list

01/06/2015 to date *

August 2nd 2017 was when I first sent a letter to lowell solicitors asking for some proof of this debt, I don't know how long this takes but I haven't had that back