**WON** Set-Aside & Claim Dismissed **** CCJ Help

[mr_c]

Re: CCJ Help

I'll get this sent in the post today.

Thanks again!

[mr_c]

Re: CCJ Help

so i got home yesterday to a letter from arrow global.

We are the claimant in this matter, and write further to your application to set aside judgement dated XXX.

Please find enclosed our notice of change of solicitor by way of service on you, as this matter is now being dealt with by our specialist in-house litigation team.

We are in the process of reviewing your application and will respond to this in due course.


And then there is a change of representation form which says Shoo smiths are no longer acting for them.

Does this mean anything? Do i need to do anything in response to this?

I was going to send a letter to shoosmiths yesterday asking again for a consent to set aside and for copies of the documents mentioned in my earlier points. I am assuming I don't need to send this to shoosmiths now, but should i send it to Arrow?
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

Cheers

[mr_c]

Re: CCJ Help

or shall i wait and see what Arrow send over next?

[Amethyst]

Re: CCJ Help

I wouldn't read too much into it, Shoosmiths don't seem to like contentious cases ... I think I'd be inclined to wait either for your hearing date to be notified and see what Arrow come up with.

[mr_c]

Re: CCJ Help

So I have a letter from the court. Hearing set for early November.

Any pointers on what I need to do now?
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

Thanks

[Amethyst]

Re: CCJ Help

Any further directions within the order ?

[mr_c]

Re: CCJ Help

It is just a notice of hearing letter.

The hearing of the defendants application for set aside will take place at XXX on XXX November 2017 at the county court.

Then enclosed was a copy of n244 application, my witness statement and my draft order.

[Amethyst]

Re: CCJ Help

Cool. The other side will have a copy too. Might chivvy them into bothering to do something, though likely not till a couple weeks before the hearing.

You can't really produce a draft defence as you still have had no information from the claimant as to what the claim relates. You might need to later though if Arrow do get their bum into gear and send you any documents, or very least respond to your letter about the set-aside.

[mr_c]

Re: CCJ Help

I got a letter from HSBC in response to my SARS request. Apparently the stuff is on its way to my local branch to collect.

So more waiting I guess then?

Shall I give it a week and then send arrow another letter regarding the consent to set aside and requesting info from them?

[Amethyst]

Re: CCJ Help

Well the stuff from HSBC should give you a better idea if you do have a decent defence even if Arrow pop up with all the docs and everything is compliant, so good that that's on route.

I reckon wait till you've got that SAR stuff and had chance to look through it, then give Arrow a nudge on consent and docs.

[Diana M]

Re: CCJ Help

Shall I give it a week and then send arrow another letter regarding the consent to set aside and requesting info from them?

Arrow has already responded to you (last week).

They said they were "reviewing your application and will respond to this in due course" and Shoosmiths solicitors are no longer instructed. They have nothing more to do with this situation (unless re-instructed).

Please find enclosed our notice of change of solicitor by way of service on you, as this matter is now being dealt with by our specialist in-house litigation team.

We are in the process of reviewing your application and will respond to this in due course.

And then there is a change of representation form which says Shoosmiths are no longer acting for them.

Di

[mr_c]

Re: CCJ Help

I did not mention contacting shoosmiths for anything.

I sent arrow a letter a few weeks ago asking for consent on the set aside application and asking for more information on the debt. So when I said 'shall I give it a week and send arrow a letter regarding....' it is for a response to those requests previously made of which they have not responded, as a nudge.

[Diana M]

Re: CCJ Help

I did not mention contacting shoosmiths for anything.

I sent arrow a letter a few weeks ago asking for consent on the set aside application and asking for more information on the debt. So when I said 'shall I give it a week and send arrow a letter regarding....' it is for a response to those requests previously made of which they have not responded, as a nudge.

I didn't say you had contacted Shoosmiths for anything.

I was pointing out the fact that a Hearing has been listed where Arrow would expect to provide a legal representative to attend. They have chosen not to continue with Shoosmiths despite having received a court Application from you. Perhaps there's a message in there somewhere.

You received a letter from Arrow on 1st September (i.e. 4 days ago). They said they were looking into it. That's why I don't think you need to give them a nudge since the Hearing isn't until November.

My personal view is you've asked them to consent to your set-aside. You don't need to ask them again since they've acknowledge your request (and Application). If they don't consent and your Application is successful then you can raise the issue of costs because you did ask them.

You have asked them for information. If they don't or can't provide it then they have a problem not you.

Once is enough (in my personal view).

Di

[mr_c]

Re: CCJ Help

So I have my SARS stuff from HSBC.
Am I looking for anything in particular?
[MENTION=6]Amethyst[/MENTION]

[mr_c]

Re: CCJ Help

Demand for payment letter sent to an address I had moved out from - August 2011

Account closed Septemer 2011

Sold to arrow March 2014