Hi everyone,Need Help. Can i appeal a set aside that has been dismissed and succeed?

[seed]

Hi everyone i am new here, but desperately need your kind advice with a problem i have. The facts of the case is that in 2012 a ccj was entered in my default by Aktiv capital, for a loan i took out in 2001 and had defaulted in 2004, so a case was brought to court in 2012 and because i was out of the country at the time of the case, and was even unaware of the case, i couldnt attend and couldnt make any representation. When i came back to live in the address in 2013, i still did not know of any case againt me untill feb 2014, when i checked my credit file and saw that there was a ccj, and later found out from the court that it was from Aktiv capital. So about 21 days later and after reading reviews and comments from this site and others, i filed an application to the court for a set aside. And the hearing was set for June. In my application i said, i just knew of the ccj, because i was away from the country at the time, and presented evidence. And second that the claim itself is statute barred and should not have been heard in the court, and if the case is set aside i will successfully defend this in the court.

The representative from Aktiv capital sent me their witness statement and in it they include evidence of the cca for the loan, and evidence of service to my last known address, but then said i made a payment of £2 in Nov 2008, but could not provide an evidence to prove that i did, but only the statement that i did make a payment.

At the set aside hearing, the judge said i havent acted promptly by making application to set aside the case, and i pointed out to the court that it was only 21 days after i knew that i make the application, but he still refuse. And he also said that i do not have any prospect of successfully defending the case because the claimant make a statement that i paid £2 in Nov 2008 and that has defeated any SB claim, even though i pointed out to him that there was no proof of this payment but only their signed statement, which anybody can make, but the judge refuse said that the witness statement is enough proof of an evidence of payment. Which i still dont understand how???

My question is that, can i appeal this, and what is my chance of successfully appealling this case. I wasnt around at the time the case was brought to the court in 2012, and as soon as i became aware in feb 2014 i apply for a set aside, but is 21 days too long to do so? And why is my claim for statute barred not properly disproved by Aktiv capital, as they do not have any proof or evidence that i make the payment and did not present any proof to the court that i did, but only relied on the witness statement they made, which the judge bite on. Please can you folks tell me if this is right and what should i do, should i appeal or should i just leave it and succumb to these tyrannies. Thanks

[ncf355]

Re: Hi everyone,Need Help. Can i appeal a set aside that has been dismissed and succe

Sounds to me like the judge has acted incorrectly

Your Defence would go beyond just Statute Barred - I doubt they would be able to furnish a compliant CCA 1974 agreement for the time you took the agreement (if indeed a back up to the statute barred Defence was required).

Accepting their word for the payment is ludicrous - can you show statements for the account the loan was normally paid from and show clearlyy that £2 was not taken from this account at that time?

I would think it entirely reasonable that they be put to strict proof of where this payment came from/who made it

I would suggest calling Paul Tilley or Kate Briscoe (Kate is a founder member/owner of this site) at Howlett Clarke Solicitors, Brighton (01273 327272) and see if they can assist with this as its likely to go beyond general forum advice

As you can probably magine they are both extremely busy, but you should definitely try to get hold of one of them first thing Monday.

[ncf355]

Re: Hi everyone,Need Help. Can i appeal a set aside that has been dismissed and succe

Note that if you have made a positive statement that you did not make that £2 payment they are required to show evidence of it, not just "honest guv, he sent it and everyfing like"

[seed]

Re: Hi everyone,Need Help. Can i appeal a set aside that has been dismissed and succe

Hi Ncf,

Thanks for the reply, and the advice. I will quickly act on it.

Also i must point out that they have the initial cca agreement for the time i took out the loan, which they submitted with their witness statement, and the other document they submitted with their witness statement is an independent report from proteus to confirm that i still reside in the address at the time of service of letter for the proceedings (although i showed the judge proof that i was away but he would not talk about it). So just these 2 documents were produced but the receipt for payment was not produced, or any evidence to proof i did make the payment was not produce.

In anyway, i will call the number given first thing on monday, because i also believe there was an error in the judge decision but it left me confused about the law as a whole.

Thanks for your advice

[Crazy council]

Re: Hi everyone,Need Help. Can i appeal a set aside that has been dismissed and succe

but then said i made a payment of £2 in Nov 2008, but could not provide an evidence to prove that i did, but only the statement that i did make a payment.

Thats the part that interest me, I don't understand anything about sorting out debts, but i do understand financial frauds.

I suspect that they may have made up the £ 2 payment just to allow themselves to take action outside a 6 year period. I see this on another thread on here a month or so ago. If this is a made up payment, its extremely serious.

I DONT IKNOW ABOUT DEBT. LISTEN TO THE OTHER EXPERTS ON HERE ABOUT THAT. THEY WILL ASSIT YOU IN THESE MATTERS.

My advice, do this immediately

Email them ( then phone in the morning to make sure they look at the email )

In the email, ask them for the evidence they have used in relation to the £ 2 Payment, ask for the date it was paid from you, and the date it was paid onto the account, Ask them for the payment method that was used to pay it. GET MANAGERS NAMES

Add this " you are concerned that if this £ 2 payment may not be a valid payment from you, that your considering they may have used a fraudulent payment to pervert the course of justice. "

Demand that they identify the dates of this payment by return. Thay will try ask you to do a SAR request ( just to slow you down ). If they do, say that they should provide it without a SAR due to the fact that you have used it for evidence. If they nhave made up this payment, they will use every excuse to dealy frustrate you. If you have, they will be able to give you details of how you made the payment ( i doubt )

If they have made up the £ 2 payment.... i would also do the following

Inform them that you consider they made up the payment to pervert the course oif justice
That they perverted the course of justice to commit a fraud ( point to fraud act 2007 ), specifically the part that relates to making up fraudulent documents
That they fully understood there actions, and you consider it purposeful to commit the fraud...

I would then add

How this settles is down to you, and i require to know by friday so i can plan actions and if required, notify the regulators over this matter.

To settle this, if, as i suspect, i did not make this payment, i would expect the following

1. Immediately withdraw all claims and actions, formally.
2. Make me an offer to cover my costs of attending court and reviewing thre paperwork ( £ 200 ).
3. Formal confirm to me if you intend top chase this any further.

Thats what i would do, but it depends on the fact that you did not make the £ 2 payment

[seed]

Re: Hi everyone,Need Help. Can i appeal a set aside that has been dismissed and succe

Thanks crazy council for the advice. However i dont think they will want to talk or negotiate with me now that they have obtained a judgement against me based on that bogus lie. I guess what they will be planning now is how heavily and harsly they will come down on me for repayment of the loan.

What i want to know now is can i appeal the set aside that was dismissed when the judge has failed to seek evidence of the payment but just say the witness statement is enough evidence that i pay?

Thanks

[Crazy council]

Re: Hi everyone,Need Help. Can i appeal a set aside that has been dismissed and succe

Hi Seed.

I guess what they will be planning now is how heavily and harsly they will come down on me for repayment of the loan.

Let some of the debt experts on here advise you in relation to the debt, just give them a few days to read the post.

What i want to know now is can i appeal the set aside that was dismissed when the judge has failed to seek evidence of the payment but just say the witness statement is enough evidence that i pay?

.

Maybe, but you would still need the evidence regarding the £ 2 payment ( and maby some other stuff )

Give the others on here chance to advise you of that. a week or so

My interest would be. if you have not paid that £ 2.. how that might be viewed in relation to the fraud act, in particular that part that deals with making or producing a document to use at court or in officially circumstances to assist a fraud.

So in the meantime, email them ( so its recorded ). asking them for evidence of the payment, saying you have searched your records and can not find it. You going to need that if you can appeal, so di it straight away..

I have suggested adding the other bits, becuase i have spent years fighting systems, and i have learn to try give them a way out, so you donnt have to take on the fight. IE, if you did not make that payment, asking for £ 200 fee plus withdrawal of all claims, gives them the £ 200 to negotiate over, Unless advised differently from one of the other posters, dont say you have had advice, Dont act clever ect to them.

There problem could be serious if you did not make that £ 2 payment. give them the chance to realsie its serious, but make it clear you only interested in that point becuase they are chasing the debt. AKA there way out

[ncf355]

Re: Hi everyone,Need Help. Can i appeal a set aside that has been dismissed and succe

As said earlier, call Paul or Kate and get some real legal help

:-)