Restons and cabot

[Amethyst]

Re: Restons and cabot

Hi,
The court have sent it to your local court to decide whether to issue directions or order a hearing to hear your application for set aside (which includes the basics of your defence to see if there is a reasonable prospect of successfully defending the claim if it was set aside)

xxx

[remington]

Re: Restons and cabot

Thanks Amethyst for reply

[remington]

Re: Restons and cabot

Hi Amethyst the Courts must think there is reasonable prospect to defend my judgment to be set aside on the evidence I have provided mainly post 53 because this morning I have received a letter from my local Courts telling me I have attend a hearing at local Courts looking for advice what to do next also I have noticed on post 53 application form under the heading additional information payment protection scheme two boxes yes or no never been ticked I have been miss sold payment protect because I have proof of being charged each month for that service need advice thanks

[remington]

Re: Restons and cabot

bump any help please

[FlamingParrot]

Re: Restons and cabot

Hi Nem this is what Cabot sent me as requested as my Original Agreement and persist that this is enforceable and Ristons as you know have been granted a CCJ against me ok I get it now because I did not defend it but I cant defend what I never received

Hi Amethyst the Courts must think there is reasonable prospect to defend my judgment to be set aside on the evidence I have provided mainly post 53 because this morning I have received a letter from my local Courts telling me I have attend a hearing

A hearing is required for most set aside applications. The court has to look at your prospects of defending and your reasons for not having done so when the claim was issued.

Was the form on post 53 ALL they sent you in response to your CCA request? Some application forms would have been full of terms on the reverse side, however, in this case it looks like the so-called 'agreement' was just what was on the bottom of the form. Is your copy as illegible as the one you posted here? I'm not able to read the wording on the bottom but it doesn't look like all the prescribed terms were there.

If that was all you were presented with at the time you applied for the card, I reckon you'd have a good case under s.127 if there was no properly executed agreement containing all prescribed terms to start with, this would make the account irredeemably enforceable. :thumb:

at local Courts looking for advice what to do next also I have noticed on post 53 application form under the heading additional information payment protection scheme two boxes yes or no never been ticked I have been miss sold payment protect because I have proof of being charged each month for that service need advice thanks

If you were being charged PPI you should also have been supplied with PPI T&Cs.

[remington]

Re: Restons and cabot

thanks Flaming Parrot for your re-ply yes my post 53 is all I was supplied with when I request my Original Agreement nothing on the back t&cs wording on the bottom just mentions credit agreement regulated I never ticked the box for ppi but been paying for it can you give me advice what to do next coming up to and preparing for my hearing thanks

[remington]

Re: Restons and cabot

bump

[FlamingParrot]

Re: Restons and cabot

thanks Flaming Parrot for your re-ply yes my post 53 is all I was supplied with when I request my Original Agreement nothing on the back t&cs wording on the bottom just mentions credit agreement regulated I never ticked the box for ppi but been paying for it can you give me advice what to do next coming up to and preparing for my hearing thanks

Have you got a hearing date yet?

[remington]

Re: Restons and cabot

Hi Flaming Parrot yes my hearing is end of March need advice on what to do for hearing thanks

[remington]

Re: Restons and cabot

bump please any help on what to do on last thread 69

[nemesis45]

Re: Restons and cabot

Prepare your defence witness statement, collate documents.
Have a look at some similar threads to give you an idea what is needed.

nem

[remington]

Re: Restons and cabot

Hi Nem what is defence witness statement collate documents where will I find similar threads thanks for your help

[FlamingParrot]

Re: Restons and cabot

Hi Nem what is defence witness statement collate documents where will I find similar threads thanks for your help

• You will find some useful info, including examples of an application, defence and witness statement here: http://legalbeagles.info/library/how...-judgment-ccj/
• Similar info is found here: http://www.legalbeagles.info/forums/...lication-notes
• You may also want to look at this post: https://consumercreditlitigationandd...nts-in-person/
• This is an example of a successful set aside application: http://www.legalbeagles.info/forums/showthread.php?57073-Set-aside-default-judgement-hearing/page2
  

[remington]

Re: Restons and cabot

Flaming Parrot thanks for re-ply very helpful those Links thanks

[remington]

Re: Restons and cabot

Hi Flaming Parrot I found you Links most helpful but little confused about my hearing at end of March

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