Set Aside Telephone Hearing

[matmidgley]

Re: Set Aside Telephone Hearing

received a letter from the court saying they have filed my defence and sent a copy to BC.
no CPR from Bc tho

[ncf355]

Re: Set Aside Telephone Hearing

OK,

as said, give them until Friday then send a recorded delivery reminder

[charitynjw]

Re: Set Aside Telephone Hearing

Hi guys,

I'm with ncf355 on this.

Why not add a note that, in the interests of justice, & with the Overriding Objectives in mind, here is a copy of the request. However,as there is proof of postage for the original request, the CPR clock started ticking from then. & copy in the court. Just a thought.

[matmidgley]

Re: Set Aside Telephone Hearing

yup nothing received again today, so I will send a reminder tomorrow after the postman does his rounds.
does this sound ok?


CPR REQUEST 31.14

Dear Sirs,
I have yet to receive any documentation under the CPR 31.14 request made on the 23/06/2013 that you received and signed for on the 26/06/2013. The time scale of 7 days has now passed. I write to advise you that unless I receive the requested documents via post by Wednesday the 10/07/2013 a full 14 days after the original request was received, I will apply for an order compelling disclosure from the courts and seek the costs in doing so.

I have given them till the 10th and my original date for the defence to be in is the 11th. As I submitted a holding defence already do I then follow it up with a defence by the 11th along the lines they have not complied?

[ncf355]

Re: Set Aside Telephone Hearing

That seems in order, make sure you include a copy of the original cpr request


as for the Defence, there should be no need to file another Defence unless they supply the request

[matmidgley]

Re: Set Aside Telephone Hearing

ok, that was sent on friday and signed for today, also sent a copy to the court to add to the file.

Still nothing from them, they have basically ignored every letter sent and have not had a single letter/call or email from them in reply. the only time I have ever spoke with them was when I phoned them to give them my phone number, which the guy was "out of the office" and would call me back but never did and that was back in febuary.

received the order from the set aside along with my certificate of cancellation, one of the points it says that the Claimant must pay a £80 hearing fee by the 23rd August or the hearing will be removed, with the hearing set for the 6th sept

If I continue to hear nothing, should I phone them on the 24th and see if it has been paid?

I think they are just going to continue to ignore this, as they have nothing to fight for. They are acting on behalf of Lowell who have said I owe nothing and have no account with them..

[matmidgley]

Re: Set Aside Telephone Hearing

Well its the 10th and nothing from BC. No surprise there tho

[ncf355]

Re: Set Aside Telephone Hearing

I'd make an application at this point for the claim to be struck out due to the letter they have already sent stating there is no debt and their failure to comply.

Include all copies of your CPR requests, along with copies of the recorded delivery signatures

Also draw the courts attention to Section 127(3) of the CCA 1974 that cleary states a document without the prescribed terms cannot be enforced - they have failed to show this

See HERE

Also the fact they have failed to show a copy of the default notice under Section 87 they would need to send you in order to take this action

See HERE

[ncf355]

Re: Set Aside Telephone Hearing

Something along the lines of (assuming the agreement took place prior to April 2007?):


This need to be on an official N244 form (application) and will cost you (I think?) £75


I respectfully request that the court issue an order that the Claimant's claim be struck out, pursuant to the courts case management powers contained within CPR 3.4.

I state that the reason for this request is that the Claimant has failed to provide required documentation as requested within my CPR request (copy attached) and thus falls foul of:

Section 127(3) of the Consumer Credit Act 1974 that clearly states the court cannot enforce an agreement that fails to contain the prescribed terms required under the act.

Section 87 of the Consumer Credit Act 1974 that requires service of a valid default notice in the prescribed terms of Section 88 of the Consumer Credit Act 1974, prior to the termination of the agreement and subsequent enforcement.

Law of property act 1925 and common law that requires the Claimant to show that he has the lawful right to take action via legal assignment from the original creditor.

Clearly, the Claimant has failed to show that he has the lawful right to make such claim, or that the documents exist to allow the court to make an enforcement order.

Therefore, the Defendant submits that allowing the claim to proceed to trial would be a waste of the courts resources as the claim would clearly fail.

[matmidgley]

Re: Set Aside Telephone Hearing

what advantage is there to getting this struck out other then letting it run its course?

[ncf355]

Re: Set Aside Telephone Hearing

You avoid having to attend court and save a days wages?

Also, if you gain the strike out you can then apply for wasted costs

If you gain strike out they would then have to apply to the court for permission to start a new case, which they won't do

[ncf355]

Re: Set Aside Telephone Hearing

I can see that for personal satisfaction you may wish to continue to the hearing though, chances are they wont show, or will contact you the day before to quit

[matmidgley]

Re: Set Aside Telephone Hearing

the avoiding a day off is a good enough reason, the court date is during my night shifts.
Would this mean I could apply for costs that I have lost during the set aside period? or just my costs back involving the strike out?

[ncf355]

Re: Set Aside Telephone Hearing

I would imagine you could apply for costs in compiling the defence and application, the set aside is worth a try but probably more difficult

[matmidgley]

Re: Set Aside Telephone Hearing

ok so this is what I have filled out. I have made no mention to the letter tho that claims I owe nothing although that is mentioned in my defence.