Restons and cabot

[FlamingParrot]

Re: Restons and cabot

Hi Parrot I have just found this which I can you as part of my Defence I never received the court papers as I have said in my defence on my address there is one line of my address missing and on the CCJ they sent me there is one line of my address missing in my defence I report that on my N244 FORM the solicitors applied for this CCJ on line and give that address to the courts I rang the courts and asked them which they confirm that was the address given to them in the guide book for online applications it states on Page (17) step 5 if the defendants name is incorrect or you are aware that the Defendant's address is incorrect when the claim was issued DO NOT CONTINUE REQUESTING JUDGMENT
Page (17) step 7&8 Please remember the Onus is on you as the Claimant to ensure that the Judgment for request submitted is ACCURATE if your request is INACCURATE then it may lead to Judgment being SET ASIDE

You have a valid point with regards to service of the claim form, however, that's not really a part of your defence. There are two basic elements to a set aside application: the service of the claim form and a valid defence to the claim. This means if the claim was issued today and you received it and acknowledged it, you should also be able to defend it. That side of things refers to the account itself and any reasons you may have had to dispute it, any CCA requests sent, a non-compliant agreement, defective default notice, lack of a notice of assignment if the debt was sold on, etc.

[remington]

Re: Restons and cabot

OK THANKS Parrot I will get my thinking hat on thanks

[remington]

Re: Restons and cabot

Lost my set aside need a good solicitor help

[pt2537]

Re: Restons and cabot

Lost my set aside need a good solicitor help

What happened?

[remington]

Re: Restons and cabot

judge just didn't want to know she said the application form was a agreement even though I pointed out that it had been improperly executed and no terms what so ever in the application form just because it said very small print at the bottom do not sign this if you do not want to bound by consumer credit act she was happy with that

[remington]

Re: Restons and cabot

can anyone tell me where I went wrong and what the next step would be and what to expect thanks is there any point in appealing with a good solicitor because I still believe it is unenforceable take a look again at post 53

[pt2537]

Re: Restons and cabot

can anyone tell me where I went wrong and what the next step would be and what to expect thanks is there any point in appealing with a good solicitor because I still believe it is unenforceable take a look again at post 53

Could you perhaps provide a little more info about the Judges comments, and the hearing in general as its impossible to really say whether an appeal could be sustained without more detail

[remington]

Re: Restons and cabot

i had in my defence the application she felt that as i have said it was a agreement regardless of my plea that i had sworn that it was just a leaflet drop through my letter box with the post back in 2000 with no terms and conditions on it she also ruled out that my case was strong enough to defend even though i pointed out that the agreement was improperly executed but she did agree that i had acted promptly in replying to the CCJ after i had received it and applied for set a side

[remington]

Re: Restons and cabot

what is the next stage can I expect now that the judgment is in there favour

[remington]

Re: Restons and cabot

Bump please

[remington]

Re: Restons and cabot

bump please anyone there

[remington]

Re: Restons and cabot

bump please