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Re: Whitby coop Civil Enforcment limited help with defence please
Ok well i'd say we can proceed without the actual letter of assignment as you know you got it and this evidence backs that up.
Now we need to act immediately.
Follow the procedures http://legalbeagles.info/library/how...-judgment-ccj/
Your witness statement should include the recollection of getting the letter of assignment and these fake papers.
The rules for setting aside are
Cases where the court may set aside or vary judgment entered under Part 12
13.3
(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order)
(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)
Obviously you are weak in the area that you ignored things but you are very strong in that the debt was assigned to another company and if the judgement is allowed to stand you would owe CEL because the court says so but also owe DEAL because they own it. Blatantly this is an absurd position and a set aside is a very sensible idea.
I'm at work this weekend but others such @ @Amethyst @pt2537 @nemesis might have a moment to check your application if you post it up for checking.
M1
Ok well i'd say we can proceed without the actual letter of assignment as you know you got it and this evidence backs that up.
Now we need to act immediately.
Follow the procedures http://legalbeagles.info/library/how...-judgment-ccj/
Your witness statement should include the recollection of getting the letter of assignment and these fake papers.
The rules for setting aside are
Cases where the court may set aside or vary judgment entered under Part 12
13.3
(1) In any other case, the court may set aside(GL) or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.
(2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.
(Rule 3.1(3) provides that the court may attach conditions when it makes an order)
(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)
Obviously you are weak in the area that you ignored things but you are very strong in that the debt was assigned to another company and if the judgement is allowed to stand you would owe CEL because the court says so but also owe DEAL because they own it. Blatantly this is an absurd position and a set aside is a very sensible idea.
I'm at work this weekend but others such @ @Amethyst @pt2537 @nemesis might have a moment to check your application if you post it up for checking.
M1
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