just arrived so hello everyone

[starflower]

hello everyone

got here from allaboutdebt site, Sir Niddy encouraged me to come here as he says you are the best in the legal department

so going to look around the site and see where i can post up my worries

see ya later starflower x:santa_smiley:

wow its an informative site, not sure where i could post my request for help in doing a N244 form to set aside a judgement as the claimants still havent sent me info requested by my CPR31.14 letter and they confirmed on the telephone that they would tell the court to stay the claim until they had supplied the info to me but then got judgement the day after my defense was due, pls help me post up all the facts cheers

[starflower]

Re: just arrived so hello everyone

hiya all

can anyone help me today pls cheers starflower

[Amethyst]

Re: just arrived so hello everyone

Hi starflower, welcome to the site.

Will have a look see if you managed to get the info posted up.

Ame
xx

[Amethyst]

Re: just arrived so hello everyone

Nope.

Right

ive joined today and read your posts re set aside, as im near to the same as ive got judgement against me after link financial told me they would put the case on stay with the court and yet got judgement next day- im furious even after faxing the court about my conversation with the claimant on the same day my defense was due yet now the court send me a n244 form to complete!

Read more at: CCJ set aside - still dealing with court! - Legal Beagles Consumer Forum

wow its an informative site, not sure where i could post my request for help in doing a N244 form to set aside a judgement as the claimants still havent sent me info requested by my CPR31.14 letter and they confirmed on the telephone that they would tell the court to stay the claim until they had supplied the info to me but then got judgement the day after my defense was due, pls help me post up all the facts cheers

Read more at: just arrived so hello everyone - Legal Beagles Consumer Forum

Okay, so you need to apply for a set aside and have the N244 document to complete.

We'll need to know the background to this but basically;

Had a loan
stopped paying for whatever reason
did a cca request ?
nothing forthcoming
link took you to court
you sent a cpr 31.14 request for disclosure
they havent yet complied
you didnt enter a defence to the claim
link said they would put the case on hold but didnt, so you got default judgment against you for the full amount (forthwith order).


So you either, depending on the case, need to apply to set aside the judgment, or apply to have the judgment redetermined to installments.

Can you tell us, original creditor, approx amount of claim, bit of background, have you got a copy of the agreement?, what the dispute is, etc.

There is no point setting the judgment aside if you have no defence anyway, so lets look at that first x

I'll move your thread into debt forums a bit later on.

[starflower]

Re: just arrived so hello everyone

Hello Ame huge thanks for the reply , here is where im at


We'll need to know the background to this but basically;

Had a loan - was alliance and leicester credit card but mbna issued card

amount - £5xxx.xx - over

stopped paying for whatever reason - tried to set up dmp but mbna messed me about and didnt respond to my cca request
did a cca request ? - yes and then i lost my job and never really chased it up for a result
nothing forthcoming - never received cca and then link were chasing and involved
default letter rec - yes and they didnt give me much time still looking for my copy now
link took you to court - yes, and did acknowledgment online and sent spec del the CPR31.14 request
you sent a cpr 31.14 request for disclosure - yes, still no reply to date
they havent yet complied - no and they verbally advised on the day of my defense was due that they would phone the court to stay the claim and get someone in their legal team to respond to my cpr31.14 request

you didnt enter a defence to the claim -

no didnt enter a defence but faxed the court re my verbal discussion with link and asked the court not to press with any judgement as link confirmed they would send cpr info out but couldnt give me a date they would get info to me but would give me time to put in my defense after i received info and in the meantime link said they would put the case on hold but didnt,

so you got default judgment against you for the full amount (forthwith order).
yes, and other letters from link ref about making payments

So you either, depending on the case, need to apply to set aside the judgment, or apply to have the judgment redetermined to installments.
I feel i would like the responce to the cpr31.14 and want to see what they have first as i suspect the default notice not correct and also the noa may not be correct as i cant remember receiving anything

Can you tell us, original creditor, approx amount of claim, bit of background, have you got a copy of the agreement?, what the dispute is, etc. See above

There is no point setting the judgment aside if you have no defence anyway, so lets look at that first x - i was thinking at least i can make that decision once i have the requested documents, maybe ive misunderstood?

Fantastic, will look in later much appreciated x starflower:santa_smiley:

I'll move your thread into debt forums a bit later on.

Read more at: just arrived so hello everyone - Legal Beagles Consumer Forum

[Amethyst]

Re: just arrived so hello everyone

Thanks star.

Applying to set aside the judgment will cost you £75 for the N244 application, then if there is no defence off the paperwork, you also face additional costs through the court, hence why I'm thinking if there is no defence you may be better leaving it as default judgment and sorting out repayments with Link.

Okay some more questions for you...

What date was the judgment ?

What date (approx) did you take out the agreement/card ?

Can you put up a copy of the CPR 31.14 request you sent pls, also what date was that sent ?

Are there any disputes on the account you have OTHER than they havent replied to the CPR request/supplied the CCA docs ? (ie is the balance they are claiming about right to what you think you owe etc).

The DMP you tried to sort out with them, was that on your own or with a DMP company/charity ? Approx how much were you offering a month and on what terms ? Would those amounts still stand now ?

Links letters re repayment on the CCJ what do they say ? are they asking for monthly installments or a forthwith payment ?

Do you own your own home ?

[starflower]

Re: just arrived so hello everyone

thank you Ame

for your further input, i will answer all info once little one in bed - before id seen your reply today id already rung nationaldebtline about their info on their site re set aside and they suggested i did do the n244 giving all my info of what i did and my verbal agreement with the claimant for them to stay the claim and to get my cpr requested info once they received it sent to me, and my faxed confirmation that i had sent to the court, but they did state, the claimant of course would try to get judgement as they were aware i had not put in a defense thus the court would automatically grant it, but if i put all the correct info with my explanation of what happened then if the set aside i successful then it would be put back to where i was before the defense was due, which is where i feel i thought i had to be -

hope the above makes sense, so hoping once i give you the info we can sort this out for the best option i have, but i take on board what you say ie if i dont have any defense then to pay but i still would want the figures sorted and explained fully

see you later star

[starflower]

Re: just arrived so hello everyone

Very sorry Ame, didnt get on pc as dd was doing lots of assignement

im back today so here goes


Applying to set aside the judgment will cost you £75 for the N244 application, then if there is no defence off the paperwork, you also face additional costs through the court, hence why I'm thinking if there is no defence you may be better leaving it as default judgment and sorting out repayments with Link.

(( what about then asking link to provide me with the cpr31.14 requested info in 7 days as they have now had virtually a month and still havent and if i dont get the promised info i will then do the n244 and that i intend to apply for the set aside, and if they dont comply with the cpr request i will be asking for the claim to be struck out - can i not write this to them and advise them that if they are helpful in this then i dont have to make the application to the court but i will do if they dont agree. Also could then send or fax copy to the court keeping them informed too so showing my efforts in resolving this. - and may help if i have to then do the set aside and strike out)) could this work?


Okay some more questions for you...

What date was the judgment ? 16.11.10

What date (approx) did you take out the agreement/card ? april 2007 i think

Can you put up a copy of the CPR 31.14 request you sent pls, also what date was that sent ? its the usual copy of the cpr letter from cag that was recommended to use my scanner aint working im not sure what im doing wrong argh

Are there any disputes on the account you have OTHER than they havent replied to the CPR request/supplied the CCA docs ? (ie is the balance they are claiming about right to what you think you owe etc). i would like to see the way the figures have arrived at, can i not counterclaim for the late charges as part of my defense?

The DMP you tried to sort out with them, was that on your own or with a DMP company/charity ? Approx how much were you offering a month and on what terms ? Would those amounts still stand now ? my own with the help from guidance from nationaldebtline about 40.00 a month but this was with mbna over a year ago

Links letters re repayment on the CCJ what do they say ? are they asking for monthly installments or a forthwith payment ? have put them and other court papers in a safe place and now cant remember so still looking sorry come back later to you

Do you own your own home ? yes mortgaged with partner jointly

Read more at: just arrived so hello everyone - Legal Beagles Consumer Forum

[PocketTheDifference]

Re: just arrived so hello everyone

#just wanted to say Welcome, So Welcome

[Amethyst]

Re: just arrived so hello everyone

April 2007. Okay. If the agreement is missing or there are missing prescribed terms, or it is illegible, the court can impose its own terms, as from April 2007 there is no iredeemably unenforceable part of the CCA. The relevant section was 127(3) which was revoked in the 2006 CCA in force from April 2007.

What would your ideal remedy be?

As I see it, by setting aside and forcing disclosure of the CCA and other documents you may be able to defend some late payment charges, and check some terms of the agreement (which I would expect to be fine) but any reduction of the debt with the charges would be wiped out by the additional court and sols costs in getting the set aside and full trial, which you would more than likely, especially being such a recent agreement, then lose and be ordered to pay forthwith anyway, and then have to go to redetermination anyway to get installments.

I would recommend going directly for redetermination of the forthwith order to monthly installments and try and stave of the charging order.

You have to look at the full picture, what are you expecting if they do comply with the cpr 31.14, and what are you expecting if they don't and the court orders them to ?

Do you dispute the actual debt (other than a few late payment charges) ?

I could sit here and just give you the standard text to complete the N244 form with and let you go off and pay your £75, get it set aside, and get your breakdown - but I honestly believe with such a recent agreement everything will be above board and unless there is a major dispute with the amount, you will still receive a CCJ, only for a higher amount due to the additional court costs.

A copy of the 31.14 request you sent would be extremely useful.

Redetermination is the N244 application, fee (I think that could be done without a hearing so would be £45 but would have to check with the court on that) and a copy of your full current income and expenditure sheet. And will amend the forthwith order to an installment order, set by the court, and if Link wanted to increase it etc they would have to apply to the court. They could, as it is a forthwith order, obtain a charging order, but if you get in now with redetermination it does reduce the risk slightly, but it is a distinct possibility. Link would not be able to push the charge order to a sale order unless you breached the installments set by the court, and even then it would be unlikely as the property is your family home and it is joint owned with your OH.


Absolutely up to you and you are very welcome to await or ask for others opinions here or elsewhere.

[starflower]

Re: just arrived so hello everyone

hiya Ame

having read and trying to understand the options given thank you,

will come back later once found info from creditor

as i have no paid job but am a foster carer only just started and only being allowances for the child we are looking after, how would i consider my income - as its my sole debt and my partner not happy with declaring their income on court forms, as not their debt - could i say that until i get a part time job as im looking at that to do - im getting 10.00 a month from partner as a loan to pay the debt ?

otherwise i see a charging order being requested perhaps if i dont have an income - not sure how this would work out

thanks for any advice star

[di30]

Re: just arrived so hello everyone

Hello and welcome to LB.:santa_wink:

[starflower]

Re: just arrived so hello everyone

thank you di30

will be back later, still mulling over whats best to do and locating as much as paperwork as i can find

laters star

[starflower]

Re: just arrived so hello everyone

hiya Ame

i just wanted to ask what would the additional higher court costs be if i did send in my set aside,

i realise im possibly out of my depth with my own understanding on these things legal but i had understood that it was wrong to put in an embarrased defense as that would cause me further court costs, and thus by agreeing an extension of time with the claimant, and informing the court which i did by fax on the same day of my defense was due before the days deadline, i believed i was covered, but then the claimant got judgement the next day now having read your info that you have kindly advised,

im unsure, what costs would i be liable for if i still went for the set aside request? i understand the 75.00 fee i would need to pay for the n 244 set aside but what am i really possibly looking at, otherwise, i will have to set up the redermination what has been suggested and the ccj would stand on the very bad mistake of me calling them for the extension of time cheers star

also see the letter i sent as requested earlier by you

CPR 31.14 Request
On 18 October 2010 I received the Claim Form in this case issued by you out of the Northampton County Court
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. [/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']1 the agreement[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.[/font][FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']2 the default notice[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']3 the deed of assignment[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']4 the notice of assignment[/font][FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']You should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. [/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']I do hope this will not be necessary and look forward to hearing from yo[/font][FONT='Arial','sans-serif']u.[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']Yours faithfully[/font]

[starflower]

Re: just arrived so hello everyone

hiya all

many thanks for your help, looks like im going to see a legal to see if its worth it going for the set aside since i had a verbal agreement with them on the telephone, and i had informed the court by fax, on the day of my defense,

i understand re the costs, but i know i cant deal with this as a litigant in person now, and maybe i learnt a very hard lesson early on, but i have to try to see my full options before i give up on this, otherwise, i will always regret throwing in the towel without at least trying,

so thank you all for your huge help star