county court judgement hearing missed!

10past6

The CCJ remains in place until the judge decides if your set aside application is acceptable, if the judge agrees with your application / hearing that judgement was entered in error, then it takes the case back to your dispute stage and a new date is listed for both parties.

jodenice

if the set aside is not agreed then will they take into account his DMP and wages when asking for money?

10past6

If your set aside application is refused, then you apply for a redetermination hearing, this is to determine what you can afford each month.

jodenice

Firstly - i should say thanks for taking the time to reply to all these questions, i realise I am bombarding you and I'm incredibly grateful.

OK - we do believe that he will end up with a CCJ regardless, he does owe them the money but there were a couple of bits that we thought we could trip them up on in the hearing.

is this general form of judgement the only letter we will receive? Is it better to go for a redetermination hearing now? i'm really worried about the cost thing if they don't set it aside, the bills for this debt are just getting bigger and bigger.

10past6

jodenice wrote: »

Firstly - i should say thanks for taking the time to reply to all these questions, i realise I am bombarding you and I'm incredibly grateful

Your welcome

jodenice wrote: »

OK - we do believe that he will end up with a CCJ regardless, he does owe them the money but there were a couple of bits that we thought we could trip them up on in the hearing.

The difficulty with any claim, once it's admitted, it's near on impossible to challenge, judge's take the opinion debtor, end of, that does not mean to say you should not challenge it if you believe you have a good enough defence.

jodenice wrote: »

is this general form of judgement the only letter we will receive? Is it better to go for a redetermination hearing now? i'm really worried about the cost thing if they don't set it aside, the bills for this debt are just getting bigger and bigger.

You would have attended court had you been informed about the date, that's what you need to get over to the court within your application.

If you accept the debt, but have issues with the payment, then just request a redetermination hearing.

jodenice

Cool. My only worry is that the original form specified (the general form of judgement sent in early january) the 22nd April. Obviously things have happened since then - however, is this the only notification you will ever receive? there is no confirmation sent out?

if it is then the defence will be quite flimsy. This whole process has been so confusing.

10past6

Litigation is very confusing.

You should have the outcome from the hearing and what you're expected to do to comply with the order.

if the order is out of your control, i.e they're asking for the whole amount up front, then contact the court and request a redtetermination hearing.

How much is the debt for?

jodenice

well so far we have just got a general form of judgement or order.

i still think we do have a pretty good defence, the solicitors wrote to us to say that the clients

'have a copy of the of the first page of the original loan agreement, and state that due to high volumes originals are not kept but are instead microfiched. It says - despite efforts to retrieve such, the claimant has so far been unable to recover a complete copy of the loan agreement from the archives. The Claimant continues to use its best endeavours to recover the remaining pages and a copy of these will be forwarded on receipt.

They attach the copy of the default notice which is recreated from electronic records, as it has no further proof of service other than these records.

which all sounds pretty feeble. BUT my whole thing rests on whether missing the hearing because we didn't know it was on that date, despite having that original form in January but being confused as to what we were supposed to do next and receiving nothing further constitutes a good reason to set aside the CCJ.

the amount is for 1747 plus 310. It says payable forwith upon service of this order, which I guess means now?

10past6

A CCA request AFTER litigation has commenced is pointless, it cannot be used as a defence.

You should have requested a copy of the CCA agreement using an SAR request.

Do you have a copy of the default notice to hand, if so, can you scan it and PM it to me?

jodenice

no we did request all the documents beforehand -We were resent the default notice and we were also sent a copy of a fixed sum loan agreement - although i do not think this was the original but a photocopy or microfiche as its tiny. The letter we received mentioned above was sent around the end of March.

i will put a link here to the agreement and the default notice, they are blocked out where personal details could be identified.

agreement
removed

default notice
removed

i had to save them at work, i don't have a scanner here.

I've figured out why i thought the date had changed, they asked for months stay for mediation (although they didn't contact us apart to ask for a letter showing our defence) and i thought the court date would be put off for a subsequent month in response to this.