Hi, just joined

[gmleo]

Re: Hi, just joined

The judgment is for an instalment order of £50 a month from Feb 2012 onwards. Did you ever pay anything ?

There wasn't a hearing, it was simply a default judgment because you hadn't replied to the claim form, because you didn't receive it. You applied to set it aside once you found out about it, your application failed (at a hearing), and the judgment order of £50 a month stands. You haven't made any payments on the judgment and therefore the claimants are looking to enforce.

Exactimonto! Could not have said it better myself.
No payments made at all on the CCJ, no.

I didn't really have any other defense other than the claim form didn't arrive, therefore the CCJ was incorrectly issued.
I fully expected that alone (doh!) would be grounds enough at the time to have the CCJ removed.
I thought that was policy, CCJ entered in error, remove it, let them try again properly this time.
The simple truth is I didn't have an opportunity to defend because at the time I was ignorant of my rights as a consumer and how to go about it. Having researched my case since I now believe I can provide information which would lead to a successful defense.

[Amethyst]

Re: Hi, just joined

Okay - what is your defence?

You'll need an extremely strong and good case to set aside a two year old judgment, when one set aside request was denied at a hearing, and when you have made none of the payments as ordered.

If the boot was on the other foot and you'd won, would you expect the claimants to try to set it aside now because they've learnt a bit more about the CCA ?

[gmleo]

Re: Hi, just joined

Okay - what is your defence?

You'll need an extremely strong and good case to set aside a two year old judgment, when one set aside request was denied at a hearing, and when you have made none of the payments as ordered.

If the boot was on the other foot and you'd won, would you expect the claimants to try to set it aside now because they've learnt a bit more about the CCA ?

Well.
If a SAR to Northampton Court prove some devious corrupt delays by the OC solicitor, that would be a good place to start.
At the moment it's an unprovable suspicion.

I don't have a good strong knock out punch to deliver. I have quite a few left jabs though, that added together could deliver a knockout.

As for payments, I simply couldn't afford. I have the witness statement I sent to the court in my defense to the CCJ which said I couldn't afford £50 per month at the time, nowhere near as I claiming JSA.
Citing the judge at the set aside hearing (as close as I can remember) "the law says that not receiving the Claim Form on time is not reason enough to set aside the CCJ. In addition the court of appeals has ruled that the letter sent by, in this case, Northampton Court, is deemed as served two days after sending, even if the letter arrives later, or never actually arrived."
Using the same law, what's to say I didn't send a letter to BC Sol's with a £1 a month offer and cheque and never received a response?

As mentioned, I didn't understand how to defend myself against the claim, did not understand the system then.
New evidence shows the contract is Unenforceable, the CCJ was issued on a contract that is UE, they never even saw it.
Terms & Conditions of said agreement most likely arrived with the card.
Valid mis-selling of a PPi claim again Abbey, which I won.

If the boot was on the other foot and I won? Ok, let's look at that.
If it were an even playing field, me vs Fred Blogs of Smith St, and I deviously/incorrectly obtained a CCJ against Fred on an UE agreement, then Fred fought back? I'd respect that. Fair play to Fred.
More accurately, a Professional team of debt collectors did the same thing to Fred.
Fred's still fighting back.

To take Abbey out of this for a moment.
If this was a loan from my Mum, would I be looking at the small print of the agreement to find a away out of this? No, of course not.
I'd honor the agreement even if there wasn't one, even if it were invalid, whatever.

However, it's with Abbey, a Bank, the anti-Christ!
I don't hold the same feelings for Abbey as I do my Mum, I'm within my right to inspect the agreement and if I find a fault, highlight it.

For me it keeps coming back to fairness and the law not being the same thing and I have a hard time with that.
Yes, I may be liable for a debt, but I don't agree that they should be able to enforce an unenforceable debt.
They're supposed to be the professionals.

AND, Just for an extra little bit of flourish, I'd argue against the McGuffick v RBS judgment, it was decided that reporting to the CRAs does not constitute enforcement, meaning the creditor can do so even when failing to satisfy s.78
The reality is when trying to obtain credit, there is little or no difference between a default and a CCJ. I could probably print that statement from 50 different internet sources that gives debt advice.
So how is that NOT enforcement?
Even if the court does not agree that it's enforcement, the judge must agree that I have not walked away from this unharmed.
That I have suffered as a result of this Default for 6 years already, (duplicated three times at one point on my credit file) plus a further 2.5 yrs with an active CCJ, which was issued by the court without ever seeing (or asking to see) a valid contract before issuing the CCJ, in my absence, without informing me in advance.
So, maybe by posing it as a request for a reduction in sentence for time already served, as it were, might be a novel way to get the permission needed to appeal/set aside?

I'm starting to think that vigilantism is far better course of action than the law.
A Bad sign.

[Amethyst]

Re: Hi, just joined

You have to write your defence for the set aside application ?

Have we got a copy of the agreement on here ?


On this

If a SAR to Northampton Court prove some devious corrupt delays by the OC solicitor, that would be a good place to start.
At the moment it's an unprovable suspicion.

Sorry, Did the claim form come from the claimants or the court service ? If sent by the court service ( the bulk centre at Northampton) I'm not sure if you are accusing the court of delaying posting the form to you ?

[gmleo]

Re: Hi, just joined

You have to write your defence for the set aside application ?

Have we got a copy of the agreement on here ?


On this


Sorry, Did the claim form come from the claimants or the court service ? If sent by the court service ( the bulk centre at Northampton) I'm not sure if you are accusing the court of delaying posting the form to you ?
Post #86

Yes I have to write a defense/appeal for set aside application.

Not accusing Northampton no.
However, if the OC Solicitors sent the claim form then that helps me even more.
Post #86 with shed some light on the original question.

Post #15 on page 1 is what I was provided when I asked for CCA -hard to read
Post #66 on page 3 has the terms & conditions.

[gmleo]

Re: Hi, just joined

Did the N1 claim form that arrived at your home after the court hearing at which a default judgement was obtained arrive at the time it did because you had moved address and it was redirected? What date was the postmark? If not, it sounds like the court may have been mislead. However, after two years, it is likely to be difficult to get a potentially iffy judgement quashed.

This is the Claim Form that didn't arrive until 11th Feb 2012. After the CCJ was obtained on 17 Jan 2012.

[Amethyst]

Re: Hi, just joined

21st Dec issue date would make 17th Jan too early for default judgment - it's bang on 28 days - and they have to allow five days for service. So procedural issue there, but should have been bought up at the set aside hearing.

[gmleo]

Re: Hi, just joined

21st Dec issue date would make 17th Jan too early for default judgment - it's bang on 28 days - and they have to allow five days for service. So procedural issue there, but should have been bought up at the set aside hearing.

2.5 years later and still learning daily, and still I didn't know that.
21st Dec, which includes bank holidays for Christmas and new years.
Yet another left jab for the collection.

[FlamingParrot]

Re: Hi, just joined

Yes, if it comes to it, I'll have to start paying something.
Worst case plan is I come to an agreement as I ultimately need it removing.
I'm hoping to negotiation a plan to pay 50% (£5K) at £500pcm, only on the proviso the CCJ will be removed entirely.

I don't think that will be possible. CCJs can only be removed if paid within 28 days, unless they get set aside, otherwise it's 6 years on the record even if paid off, in which case they'd be marked as satisfied: http://www.trustonline.org.uk/unders...satisfied-ccjs.

[FlamingParrot]

Re: Hi, just joined

2.5 years later and still learning daily, and still I didn't know that.
21st Dec, which includes bank holidays for Christmas and new years.
Yet another left jab for the collection.

A lot of court claims are issued just before Christmas, knowing people may be away some of the time and could easily miss the 14 day deadline for AoS.

[gmleo]

Re: Hi, just joined

I don't think that will be possible. CCJs can only be removed if paid within 28 days, unless they get set aside, otherwise it's 6 years on the record even if paid off, in which case they'd be marked as satisfied: http://www.trustonline.org.uk/unders...satisfied-ccjs.

Hi FP.

I've met with a civil litigation solicitor last week who told me that it is possible, involves Registry Trust and successfully negotiating with the OC, the solicitor said.
Work in progress, only had one meeting so far.

[Amethyst]

Re: Hi, just joined

Doh! Forgot about AoS, cheers FP xxx

Gmleo ... in that case yes time wise it was fine on the default judgment, as that's 19 days (14 + 5), sorryyyyy xx

[gmleo]

Re: Hi, just joined

Doh! Forgot about AoS, cheers FP xxx

Gmleo ... in that case yes time wise it was fine on the default judgment, as that's 19 days (14 + 5), sorryyyyy xx

I'm sorry Amethyst, I don't really know what that means?
Are these working days, or rolling calendar days?
Do they not allow for bank holidays?
Counting every single day = 27 days. 28 if you include the day it was issued.
Counting working days and taking off Christmas and New year bank holidays = 12 working days

[Amethyst]

Re: Hi, just joined

The default judgment can be entered after 14 days plus 5 for service ... it's calendar days. If you do receive the claim and acknowledge it, it's extended to 28 days plus 5 for service... I forgot earlier that of course you didn't acknowledge, so just ignore my comment about the time scales, it was fine ( if a bit quick off the mark)

[gmleo]

Re: Hi, just joined

The default judgment can be entered after 14 days plus 5 for service ... it's calendar days. If you do receive the claim and acknowledge it, it's extended to 28 days plus 5 for service... I forgot earlier that of course you didn't acknowledge, so just ignore my comment about the time scales, it was fine ( if a bit quick off the mark)

Thanks. Irony is I replied before I even received it in reality.
I acted fasted than the 14 given days, because I'd already sent letter to court in response to letter from OC solicitors dated 01 Feb 2012.
Claim form didn't arrive until 11 Feb 2012 and my letter to the courts was sent 7 Feb 2012.

But my dates are from reality.

Prepared a SAR for Northampton CC, going to post tomorrow morning.