**DISCONTINUED** Restons Letter advising withdrawal of set aside claim

[monk_fish_]

Hi all,

I have recieved a CCJ courtesy of Arrow/Restons for an original credit card default with Nationwide.
I was in Egypt from mid April until the 3rd of July and came home to a CCJ. I never recieved the court summons and have not had the opportunity to defend the case or dispute the amount. The last payment or spend on the Nationwide account was July/August 2008 so I am perilously close to the debt being statute barred but for this recent glitch. Does anyone have any advice on how to proceed please? I was planning to try and have the CCJ set aside, at least to give me a chance to defend the claim, if successful it may end up being statute barred before Restons can apply for another CCJ. I want to ensure I am successful in having the CCJ set aside.

Thanks in advance.

[FlamingParrot]

Re: CCJ in ABSENTIA.......help

Hi and welcome to LB

When you came home and went through your post, did you not find the court papers from Restons? If you received a letter (presumably a general form of judgment for the claimant) informing you of the CCJ, that would mean the claimant had your address and you should also have received the court papers, even if you were not able to deal with them due to being away.

You could apply to have the judgment set aside on the basis that you either didn't receive the summons or you were away and missed the deadlines, provided you have a viable defence to the claim. Sadly the SBd argument has gone out the window as the clock would have been reset when proceedings were issued. Some arguments to look into may be:

• Did you ever request a copy of your agreement?
• Did you dispute this account in any way?
• Was there any mis-sold PPI applied to it?
• Did you get a default notice?
• A notice of assignment?

To apply for set aside, you will need an N244 form and will have to pay a fee of £155. You could be eligible for remission of the fee in certain circumstances, see form ex160a for full details. :thumb:

[monk_fish_]

Re: CCJ in ABSENTIA.......help

Hi and welcome to LB

When you came home and went through your post, did you not find the court papers from Restons? If you received a letter (presumably a general form of judgment for the claimant) informing you of the CCJ, that would mean the claimant had your address and you should also have received the court papers, even if you were not able to deal with them due to being away.

You could apply to have the judgment set aside on the basis that you either didn't receive the summons or you were away and missed the deadlines, provided you have a viable defence to the claim. Sadly the SBd argument has gone out the window as the clock would have been reset when proceedings were issued. Some arguments to look into may be:

• Did you ever request a copy of your agreement?
• Did you dispute this account in any way?
• Was there any mis-sold PPI applied to it?
• Did you get a default notice?
• A notice of assignment?

To apply for set aside, you will need an N244 form and will have to pay a fee of £155. You could be eligible for remission of the fee in certain circumstances, see form ex160a for full details. :thumb:

Hi thanks for your response. The situation is a little confused as my postal address is that of my father who is a pensioner. I work in yachting and am more often abroad than in the UK. My current account is registered to that address for correspondence purposes. It is not unusual for me to be away from the address for up to a year with no forwarding address for mail. DCA letters when I return for the most part go straight into the bin if I'm honest. I have a letter dated 18th March from Arrow which is a notification of transfer to Restons. There is a Judgment letter dated 12th May.
My father signed for a letter addressed to me while I was away and subsequently returned with "not at this address on the envelope" believing it to be an unenforceable speeding fine awarded in France.


I do not recall ever receiving any letters of assignment from Nationwide. I do not know if Restons or Arrow are in possession of the original credit agreement. I do not know what the amount claimed relates to in terms of charges etc.

I havent aknowledged the claim at all, and so have not disputed anything presently. Nor have i seen a copy of the agreement. I never took out any PPI unless it was applied without my knowledge. I dont rememeber a default notice being issued, but have moved a lot and spent large periods of time working overseas. For the last few years I have kept this current address as a correspondence address.

Thanks again for any advice.

[FlamingParrot]

Re: CCJ in ABSENTIA.......help

Hi thanks for your response. The situation is a little confused as my postal address is that of my father who is a pensioner. I work in yachting and am more often abroad than in the UK. My current account is registered to that address for correspondence purposes. It is not unusual for me to be away from the address for up to a year with no forwarding address for mail. DCA letters when I return for the most part go straight into the bin if I'm honest. I have a letter dated 18th March from Arrow which is a notification of transfer to Restons. There is a Judgment letter dated 12th May.
My father signed for a letter addressed to me while I was away and subsequently returned with "not at this address on the envelope" believing it to be an unenforceable speeding fine awarded in France.

Claims are not normally sent recorded delivery, so it may have been something else.

I do not recall ever receiving any letters of assignment from Nationwide. I do not know if Restons or Arrow are in possession of the original credit agreement. I do not know what the amount claimed relates to in terms of charges etc.

I havent aknowledged the claim at all, and so have not disputed anything presently. Nor have i seen a copy of the agreement. I never took out any PPI unless it was applied without my knowledge. I dont rememeber a default notice being issued, but have moved a lot and spent large periods of time working overseas. For the last few years I have kept this current address as a correspondence address.

Thanks again for any advice.

My questions related to the history of the account, ie. whether you had sent SAR or CCA requests in the past.

You could try to apply to have the judgment set aside on the basis that you did not receive the summons and were away at the time they must have been issued, as well as not having received a NoA or a DN. You could send a CCA request but they may tell you they don't have to respond because they have obtained judgment and their duty to respond to such a request ended with the judgment. However, since this was defaulted all those years ago, it's possible you may have sent a CCA request that wasn't satisfied in the past.

If you don't have the judgment set aside, apart from having a CCJ on record for 6 years, the creditor can enforce the judgment in various ways. If you don't live in the UK and don't own property in this country either, they may find it difficult to enforce the CCJ at all, since none of the options would be available to them. The options are usually an attachment of earnings, which they may not be able to get if you work abroad, a warrant of execution to send bailiffs to your home, which wouldn't be an option if you don't live here, and a charging order (for debts over £1,000) on a property you own.

Having said that, if you return to live in the UK in the future, they could still enforce the CCJ, so it may be worth attempting to have it set aside. :thumb:

[monk_fish_]

Re: CCJ in ABSENTIA.......help

Claims are not normally sent recorded delivery, so it may have been something else.

My questions related to the history of the account, ie. whether you had sent SAR or CCA requests in the past.

You could try to apply to have the judgment set aside on the basis that you did not receive the summons and were away at the time they must have been issued, as well as not having received a NoA or a DN. You could send a CCA request but they may tell you they don't have to respond because they have obtained judgment and their duty to respond to such a request ended with the judgment. However, since this was defaulted all those years ago, it's possible you may have sent a CCA request that wasn't satisfied in the past.

If you don't have the judgment set aside, apart from having a CCJ on record for 6 years, the creditor can enforce the judgment in various ways. If you don't live in the UK and don't own property in this country either, they may find it difficult to enforce the CCJ at all, since none of the options would be available to them. The options are usually an attachment of earnings, which they may not be able to get if you work abroad, a warrant of execution to send bailiffs to your home, which wouldn't be an option if you don't live here, and a charging order (for debts over £1,000) on a property you own.

Having said that, if you return to live in the UK in the future, they could still enforce the CCJ, so it may be worth attempting to have it set aside. :thumb:

Thanks once again for an informative response.

So in the first instance I'll attempt to have the judgment set aside. The main reason I should request this is that I did not have the opportunity to defend the claim, since I did not get the summons due to being abroad? Should I have recieved any other mandatory correspondence, other than the summons? As mentioned, all I have is the Judgment letter and a notification of transfer to Restons.
Will I need to detail my reasons for wanting to defend the claim when applying to have it set aside.? And would this be full disclosure of those reasons at this stage?

thanks again.

[monk_fish_]

CCJ set saide hearing pending. Please advise

HI all.

I recently returned from a few months in Egypt to find I had received a CCJ in my absence. I have applied to have it set aside on the grounds I have not received any of the necessary correspondence nor had the opportunity to defend.

The debt was not statute barred at the time of the CCJ (thought it would be now) but I understand I will not be able to use this as a defense, now or later, since procedding have already commenced.

A hearing has been set for 4 weeks time. I am not entirely sure what happens at the hearing. Will I be expected to submit details of what my original defense would have been.......or simply detail why it should be set aside i.e. so I have time to defend against the claimant at a revised hearing.

I have never seen a letter of assignment nor evidence the DCA hold the original credit agreement. I am assuming this is now my best hope of having the CCJ cancelled.

The claimant was Restons on behalf of Arrow Global, if this has any bearing on likely DCA malpractice regarding proof of ownership of the loan.

Please advise.

Thanks in advance.

Marcus

[FlamingParrot]

Re: CCJ set saide hearing pending. Please advise

I recently returned from a few months in Egypt to find I had received a CCJ in my absence. I have applied to have it set aside on the grounds I have not received any of the necessary correspondence nor had the opportunity to defend.

The debt was not statute barred at the time of the CCJ (thought it would be now) but I understand I will not be able to use this as a defense, now or later, since procedding have already commenced.

Sadly that is correct.

A hearing has been set for 4 weeks time. I am not entirely sure what happens at the hearing. Will I be expected to submit details of what my original defense would have been.......or simply detail why it should be set aside i.e. so I have time to defend against the claimant at a revised hearing.

It would help if you had a viable defence, otherwise the court may decide that setting aside the judgment would be a waste of time, since the claimant could re-start the process and obtain judgment again.:juge:

I have never seen a letter of assignment nor evidence the DCA hold the original credit agreement. I am assuming this is now my best hope of having the CCJ cancelled.

What about the default notice? Did you receive one? Have you still got it?

Anything you can remember from the time you opened the account would help, such as how you applied (in store, online, over the phone, was it a mailout, an advert, etc.).

The claimant was Restons on behalf of Arrow Global, if this has any bearing on likely DCA malpractice regarding proof of ownership of the loan.

Not as such. Arrow are a well known debt purchaser who often use Restons as solicitors.

What sort of debt was this? A credit card? MBNA perhaps? Could you give us more details? :typing:

[monk_fish_]

Re: CCJ set saide hearing pending. Please advise

Sadly that is correct.

It would help if you had a viable defence, otherwise the court may decide that setting aside the judgment would be a waste of time, since the claimant could re-start the process and obtain judgment again.:juge:

What about the default notice? Did you receive one? Have you still got it?

Anything you can remember from the time you opened the account would help, such as how you applied (in store, online, over the phone, was it a mailout, an advert, etc.).

Not as such. Arrow are a well known debt purchaser who often use Restons as solicitors.

What sort of debt was this? A credit card? MBNA perhaps? Could you give us more details? :typing:

Hi.

The debt was from a Nationwide credit card. I have never seen a default notice, though this could be because of an earlier change of address.

Oddly enough, there are two entries on my credit file relating to this debt. The first entries made by Nationwide list one default date. The second entry relates to Arrow , after the debt had been purchased. The Arrow entries list default date as 6 months earlier, which would make the debt statute barred. I am assuming the original credit agreement is the one the court would seek to enforce and that I cannot rely on the second set of entries by Arrow as a defense....though this does cast some confusion over the actual default date.

Would a defense based on not being given any opportunity to enter into any payment agreement not be enough to set the original CCJ aside? Since if i had made a reasonable means based repayment offer the CCJ would not have been granted in the first place. I am aware that this would mean I would need to repay the debt, but at this stage I am keener to have the CCJ removed than i am to avoid the debt. I cannot however make a full settlement. I am currently unemployed and could offer a repayment plan based on limited income.

My initial plan to defend was based on not having seen any proof of ownership of this debt. Surely there is a burden of proof before money can be demanded by the DCA?
Is the DCA still obliged to provide this proof now the CCJ has been awarded? If they do not. Surely this will help my case for a set aside?

Thanks again,

Marcus

[monk_fish_]

Set Aside Request Pending

I have a set aside request hearing pending.

I received a CCJ in absense, returning from a few months abroad to find judgement for the claimant letter on the doormat. I did not receive papers from the court prior to this which has been the basis of my appeal to have the CCJ set aside since I have had no opportunity to defend.

Since I would need to have a reasonable chance of success of defending the claim in order to convince the Judge to set aside, I would like some advice on this.

I have no recollection of a default notice, though I had not kept the original creditor appraised of earlier address changes.

I have not seen an original CCA and I doubt the DCA have this. I had not requested a copy since I did not want to entertain dialogue with a DCA unless court action was pending. (This unfortunately happened while I was away). I do not know if the DCA still has an obligation to provide this AFTER the CCJ has already been awarded. Since this was my main hope of defending against any claim I am somewhat stumped.

The original agreement was for a Nationwide credit card. Any default notice would have undoubtedly have contained PUNITIVE and UNENFORCEABLE fees. Would this not invalidate any DCA claim, based on the fact the amount claimed is incorrect and therefore cannot be owed.

Any advice please??



(I have just missed out on the 6 year statute barred limit..which of course really sucks)

[PAWS]

Re: Set Aside Request Pending

Hello Monk fish (great name by the way –fan of the fast show by any chance?):yo:
Please try not to worry. I have no knowledge of this issue myself but I am sure someone will be along soon to give you some sound advice; our numbers seem to be depleted a little this weekend. The main thing is you have come to the right place.:thumb:

[monk_fish_]

Restons Letter advising withdrawal of set aside claim

Hello again,

I have a date for a set aside hearing since I did not receive court papers due to being out of the country.

I just received a letter from Restons advising me to withdraw my claim since "in our view your application has no prospect of success and our instructions are to oppose the application at the hearing and to seek an Order that you pay our Clients costs".

They also state "It is unclear from your application notice on what basis you would have defended the claim if you had received the claim form at the time it was served. Furthermore, you have not explained the reason for your delay in making the application to set aside Judgment."

I was planning on sending a SAR request since a CCJ has already been obtained and they are no longer under any obligation to oblige a CCA request.
The 40 day deadline means I may not receive the SAR information before the hearing date.
I am not sure who I should be sending the SAR request to, Restons, Arrow or the original Creditor?

Any advice????

[PAWS]

Re: Restons Letter advising withdrawal of set aside claim

Hello Again Monk fish.
I do not know why no one replied to your previous post. Hopefully someone will take a look this time.

[Amethyst]

Re: Restons Letter advising withdrawal of set aside claim

Seems to be a few threads on the same issue so I'll merge them together so we know what we're talking about xx

edit: better, reading back xx

[Amethyst]

Re: Restons Letter advising withdrawal of set aside claim

With a set aside application you have to show the court that you have a valid defence to the claim and would have had a reasonable chance of success had you received the court papers. I think Flaming Parrot has already been through most of the bits ref CCA, NoA and DN etc ,..... but setting aside because you would have offered to settle to avoid the CCJ probably wouldn't wash.

Did you include a draft defence with your set aside application ? If so can you post it up.

[PAWS]

Re: Restons Letter advising withdrawal of set aside claim

Seems to be a few threads on the same issue so I'll merge them together so we know what we're talking about xx

edit: better, reading back xx

Whoops -My bad!:madgrin: