Biggs V Lloyds TSB credit card

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Swepstone if you need someone to look at your thread, as things do get missed sometimes, you can send a PM or click this button which will bring it to the teams attention.

Just chatting about this a bit with Curly and we'll post shortly.


Between original partial admission and the case being stayed and now was there not any contact in that intervening period until they applied to lift the stay ?

[Curlyben]

Re: Biggs V Lloyds TSB credit card

Could you scan the order to pdf and attach it here for us ?

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

No there was no contact as they had never pursued it untill Feb this year which is whe I started responding to them and asking for CCA.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben please find attached the PDF that you asked for.

[jax007]

Re: Biggs V Lloyds TSB credit card

Hi swepstone

You have left your account details on your judgment - might be an idea to remove file and rescan removing the details.

jaxx

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Right - you need a copy of the claimants reply to the defence, call the court today and ask if you can pick it up then post it here. (if you can get your original defence entered too that would be most helpful)

Thats why the defence was struck out, and because you didnt attend court you had no come back on their reply.

You will have to appeal rather than apply to set aside, based on the UCA, but as this carries a bigger costs risk I think a set aside application should go first.

If you decide not to go with the UCA then you need to apply for redetermination of the judgment amount asap and get it set as monthly installments before they want to enforce the order.

I am concerned that you originally admitted and offered to pay the debt, the case was stayed I can only assume for parties to negotiate terms of settlement, and nothing was done by either side.

Really need the documents asap.

[Curlyben]

Re: Biggs V Lloyds TSB credit card

This should also prove extremely useful, especially point #1
Removal of CCJ's - Valid reasons to have your judgements set aside

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

I was not able to log on at work on friday so i did not get that untill I got home which was too late to do anything. I got straight onto it today and the clerk in the court gave me a story of how short staffed they were and that I would not be able to pick it up untill tommoeow Tuesday. I have taken down her name and dated the call just in case we need that latter. She said that there might not be a claiments defence filled as they dont always document it. Well it will be in my favour if they have not.

Anyway I will go and pick it up and then post it up.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst/Ben

Please find attached the copy of the first defence that I made. As for a statement from the hearing the judgement that I posted is all that there is. I asked the Clerk to have a look to see if there is any evidence to show that the judge had read my letter. She said that there is nothing on the computer even though there is the letter on the file. Something else that I should of done but did not was attach a copy of the application form as evidence as that shows the unendorsed corrections.

The clerk said that as I did not attend court and there is no evidence that the judge read my letter gives good grounds for the judgement to be struck out and a new hearing date applied.

I do tend to feel that is just one reason and looking at the list that Ben gave to me there are a number of others and they all together will add wieght to this. The clerk gave me the form to send in and said that it will cost £40.00.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Hi Swepstone, I'm away at the moment just popping on from hotel, will be back on thursday and will go through this then. Tools has let Ben know to have a look

Thanks for getting those posted up and sorry I can't do much for the mo.

Ame
xx

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Did you manage to get a copy of the claimants response to the defence ?

We need to apply to set aside Judgement based on the letter not being taken into account, not receiving a copy of claimants defence etc and apply to amend the defence to take the facts from the letter into account.

You need form N244 which you can download from Her Majesty's Courts Service - Home


On your original defence you didnt tick admit or dispute the claim, which I think should have been picked up on, and your defence particulars just talk about the offer you made and they ignored/rejected nothing about admitting the debt. So I think thats good.

Not turning up at court was a mistake though, Judges tend to go with the party that shows up if only one does, in these type of claims. So if it comes to a set aside hearing, which is likely, then try to attend. If you are worried / nervous about attending then let us know and we can try help.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

There is no claiments defence the clerk showed me the file and all there is is the judgement. Do i need any paticular wording or should I just tell it like it is along the lines of you have said. Also there is the fact that they did not give me 28 days notice before applying for the hearing. Is it worth mensioning again that the case was still in dissput and should of been precluded from any court action.
------------------------------- merged -------------------------------
Amethyst

I do have the form N244 should i also add the evidence in with the form or do I wait to go to court and present it then.
------------------------------- merged -------------------------------
Amethyst

Q9 on the form says who should be served with this application? Who would that be

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Served would be the Claimants name as stated in the Original Claim.

So you want the judgment set aside on the new evidence (ie the cca) and the lack of notice. You also want to ask for permission to enter a new defence as you have a reasonable chance of success.

The letter you sent about the unenforceable CCA you did send that to the Court not the solicitors didn't you? (just checking)

I think the court is taking their application to lift stay and strike your defence as their reply to the defence. They don't appear to have read your letter.

If the court refuses the set aside you can ask for redetermination of the judgment to monthly installments.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Yes the letter was recieved and signed for on the 20th July. So also in a way the legal system has failed me for not takeing that into account. The clerk said that there is a very good chance of it being set aside mainly becuase I could not attend the court hearing. I also think that without them admiting it they might feel that legaly they have failed me.

I take it I need to also send in copies of my evidence.

[Amethyst]

Re: Biggs V Lloyds TSB credit card

Yes.

Once you have written the set aside application do you want to pop it up here make sure its okay first.