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

[mr_c]

Re: CCJ Help

My application asked the court to decide at a hearing.

I believe the solicitors are Shoosmiths on this.

I submitted my application to the court and also sent a letter to Arrow asking them to consent to the set aside, - not heard back from them yet.

Does the fact that the n244 being submitted and this being transferred to my local county court mean that any enforcement action is stopped?

Thanks

[Diana M]

Re: CCJ Help

It says "this claim has been transferred to the county court at ***** for that court to deal with the defendant's application for an order to set judgement aside"

Is this a good thing or does it just mean that I now have to wait for a hearing date?

Did your Application ask the court to decide at a hearing or on paper?

It's not posted on your thread since you dealt with this by PM.

Either way if Cabot (their solicitors) decide to contest your Application they will probably file a WS at court in reply to your Application and serve it on you.

My firm does things slightly differently. We send a copy of the Application and the WS to support it (telling the court reasons why it should be set aside due to wrong address etc) then we also attach a separate Draft Defence (what you would be pleading if the set aside is successful).

We then give them seven days to consent to a set aside failing which we will make the Application to the court and we put them on notice that we will be seeking costs due to any unreasonable behaviour in refusing to consent without the need to go to court if the Application is successful.

Di

[mr_c]

Re: CCJ Help

So i received a letter today from the County Court Business Centre.

It says "this claim has been transferred to the county court at ***** for that court to deal with the defendant's application for an order to set judgement aside"

Is this a good thing or does it just mean that I now have to wait for a hearing date?
[MENTION=6]Amethyst[/MENTION]

[MIKE770]

Re: CCJ Help

await court instructions for starters

[mr_c]

Re: CCJ Help

so I have submitted my n244 form, paid the fee, sent my subject access request to HSBC, and wrote a letter to arrow.

Is there anything else I need to be doing?

[mr_c]

Re: CCJ Help

from your experience what do you think my chances are of getting this set aside?

[Amethyst]

Re: CCJ Help

also, he told me that the last transaction on the account was 14 January 2010 @Amethyst

Is this something I can add to my witness statement or letter to arrow?

I'd hold back on the exact date for now. You can use it when you come to filing your actual defence, as you first need to check terms ( which you should get in the SAR response ) on when they could default the account and thus the cause of action.

[Amethyst]

Re: CCJ Help

Okay the address I gave you was the one they have registered with the ICO, but go with what they say on the phone as the ICO might be in need of updating. ( https://ico.org.uk/ESDWebPages/Entry/Z5734875 )

[mr_c]

Re: CCJ Help

yea this is the one i found. this guy at hsbc gave me a strand, london address though

also, he told me that the last transaction on the account was 14 January 2010 @Amethyst

Is this something I can add to my witness statement or letter to arrow?

[MIKE770]

Re: CCJ Help

HSBC Bank PLC
UK Data Protection Compliance
Griffin House
2-01
41 Silver Street Head
Sheffield
S1 3GG

[mr_c]

Re: CCJ Help

i rang hsbc and they gave me a different address to send the sar to, although the guy i spoke to didnt sound so sure himself lol

[Amethyst]

Re: CCJ Help

Oh you'll have to put down your address that you had at the time you had the account too so they can find you.

[mr_c]

Re: CCJ Help

lol
oh is that the address, i found a sheffield address, but i will go with the one you sent.

[Amethyst]

Re: CCJ Help

like a Birthday card? lol .... be better if you can get a postal order I reckon xxx Otherwise you could ring them and say you are sending a SAR can you pay the fee on the phone?

Data Controller: HSBC BANK PLC
Address:

8 CANADA SQUARE
LONDON
E14 5HQ

[mr_c]

Re: CCJ Help

Cheers, in terms of the fee, do i stick a tenner in the envelope?