Re Career Development Finance

[kimmy59]

Re: Re- court judgement

We answered the court thing on line back in October saying he was going to defend himself, I don't know if he received anything else through e-mail but definitely not through the post. But I will check when he gets back.
Kim

[Amethyst]

Re: Re Career Development Finance

Seems like you may have put int he acknowledgment of service but not filed a defence after the claimant didn't send you copies of documents.

. Wright Hassal wrote back saying they would ask for further information from the original lender Career Financial, not heard anything else since, until this judgement.

You will need to apply to set this aside quite quickly - you should ask the claimant if they consent to a set aside ( considering you relied on their letter that they would sort out the docs for you). It will cost you £50 with consent or £155 without and is form N244.

[kimmy59]

Re: Re Career Development Finance

So should I write this in the letter to Wright Hassal or Career Development. I've absolutely know idea what I'm doing here. Thank you for your time.
Kim

[Amethyst]

Re: Re Career Development Finance

To Cabot via Wright Hassall - Something along the lines of

Dear Wright Hassall

Claim Ref: xxxxxxx
Cabot Financial v Kimmys Nephew

I have recently received notification from the xxxxxxxxx County Court that you have obtained judgment in default against me on behalf of your client xxxxxxxxxxxxxxxxxxxxxxx. On receipt of the claim I acknowledged receipt with the court and contacted yourselves and Cabot Financial requesting further information to enable me to consider my position and defend the claim. I received a letter dated xxxxxxxxxxxxxxx from Cabot which stated you needed to contact your client to obtain documentation ???????? which stated the case would remain on hold whilst this was done ?? stated would take 40 days and the account would remain on hold ?????? ( whatever their letter said) . I am therefore in the position where I am still waiting for documentation yet you have requested judgment in default against me as I did not submit my defence, therefore I now need to submit an application to the court to set aside the judgment.

I request you ask your client to consent to setting aside the judgment to enable the case to proceed. For the avoidance of doubt it is denied that I am indebted to your client as claimed, or at all, and I continue to require documentation which demonstrates otherwise.

Additionally I requested a copy of any agreement relating to the claim pursuant to the Consumer Credit Act 1974 s.77. I have not received anything in response to this formal request, so if you could kindly chase this up it would be appreciated.

Please confirm your clients position by xxxxxxxxx ( 14 days?) at which point I shall make my application to the court.

Kind regards

Kimmy's Nephew.

[kimmy59]

Re: Re Career Development Finance

Afternoon everyone.
My nephew has had a response to the letter asking for the judgement to be set aside as we are still waiting for proof of the payment, they are now saying the Claim Response Pack was not responded to so the judgement stands. I did it on line, is it because we didn't do anything within 28 days.
Kim

[kimmy59]

Career Development

Morning everyone.
This is an update on an old problem everyone helped me with back in 2015.
My nephew didn't respond to court papers, you told me what to do but info I was waiting on never came through, so now he has a CCJ.
I started paying the 50 quid a month back to the firm Wright Hassell in December 2015. While waiting for information requested after paying £10 to Cabot Financial, that was February 2016.
This had all come about after they denied it was Statute Barred, saying a payment for £40 had been made in December 2010, I know it hadn't. We have checked and double checked. After making two payments I rang WH telling them we were waiting to hear from CF, they said payments to them would stop, and they would inform us if CF sent it to them.
I'm still waiting, I have made a point of ringing WH every month to check. The only information CF have sent is a letter 19/04/2016 acknowledging the SAR request and enclosing a statement of account which is just legal costs and the two payments I made to WH. It also says they have applied to the original creditor Career Development for the loan agreement.
What should we do, I've said to WH that CF took my nephew to court because they said there was a payment in 2010, so surely they have the proof, if so where is it. How long should we wait. Also if they have lied my nephew now has a CCJ
Sorry to waffle
Kim

[charitynjw]

Re: Career Development

Hi Kimmy

Imho, you need to get info from the original creditor, if possible.

If CF are saying that a payment was made Dec 2010, Career Development should be able to supply, so SAR them. (Btw, what is their full name?........There are several firms called Career Development listed at Companies House).

You'll need to be quick; CF already have the CCJ, & from what I can see you only have a phone (verbal) promise from them that they are putting this on hold.
[MENTION=49370]Kati[/MENTION] - Any chance of merging this with the original thread? (There's a link at the foot of this thread)

[kimmy59]

Re: Career Development

Thanks for the reply. The SAR I applied for was to CF, but the letter said they were applying for the original credit agreement from Career Development Finance Ltd, it was a training programme. I have a letter from WH acknowledging that we have ask for SAR report, and they are saying I shouldn't pay until things are clear.
Kim