Urgent help needed please

skylined_gtr

Ok so that's for the 1st claim against me that achieved a CCJ in Feb 2009 right?

For this current claim, what is it I am asking the court to do would you say? Am I asking the claim is set aside? Or something else?

10past6

skylined_gtr wrote: »

Ok so that's for the 1st claim against me that achieved a CCJ in Feb 2009 right?

Yes, correct

skylined_gtr wrote: »

For this current claim, what is it I am asking the court to do would you say? Am I asking the claim is set aside? Or something else?

You're denying the claim, it's up to the claimant to prove you're liable for the claim.

If they win, you then apply to have the CCJ set aside.

You're not applying to have THIS case set aside, due to no judgement being entered as yet.

skylined_gtr

Ok thanks so how would you recommend I finish the letter? This is how you suggested above but that was before you realised there were 2 seperate issues:

"Therefore I kindly request a) the original judgement be set aside, and b) the CO placed on the property be removed"

10past6

Sorry for the delay, I was tied up with something.

skylined_gtr wrote: »

Ok thanks so how would you recommend I finish the letter?

I put the claimant to strict proof, I'm liable for the alleged debt.

I also suggest you cross reference both cases with each other's case numbers, giving a brief outline.

skylined_gtr

Please don't apologise - I sincerely appreciate the help! Will get that put online right now.

skylined_gtr

Hi All!

I got a good contract offer so I am back from Canada, thought that whilst I am here I should deal with these issues. The information below relates to the CCJ the DCA (Cabot) are attempting to put through at the moment not the Charging Order that has already been issued - I'll be dealing with that next!

As a result of the defence I submitted (see conversations in the posts above), I have received a General Directions Order dated 4th September 2009stating the following:

"Before Deputy District Judge Moore sitting at Northampton (CCBC) County Court, 4th Floor St Katharine's House. 21-27 St Katharine's Street, Northampton, NN1 2LH on 24.8.09

Upon consideration of the claimant's application

IT IS ORDERED THAT:

The Court will deal with the application to lift the stay without a hearing under CPR 23.8(c)

The application to lift the stay and transfer is granted.

Note: A party affected by this Order may under Rule 23.10 apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.10 within 7 days of service of this order."

In the same package was Notice of Transfer Of Proceedings dated 9th September 2009 stating that my case has been transferred to my local court as this is where I live so clearly they ignored the fact that I was emigrating to Canada!!! Lucky I came back really.

So the weird thing is this - they are saying I can apply to have the Order set aside, varied or stayed but I had to do it within 7 days! I am sure you can see the problem here - I was not in the country! Also, even if I was in the country, the Order and Notice of Transfer were in the same package so I had already lost 5 days whilst they raised the Notice of Transfer and sent it all in the same package!!!! How is that fair?!

The have also sent me an Allocation Questionnaire which I need to fill out - failry sure I can muddle my way through it but any pointers would be appreciated.

Any advice would be very much appreciated.

10past6

OK, so what stage are you at now, has the CO been granted?

Did you attend court?

skylined_gtr

Ah there you are! Was wondering where you went.......

Just to clarify, the information below relates to the CCJ that is trying to be put through against me by Cabot Financial at the moment not the CO that has already been granted.

No court attendance yet, I noticed a directive on the Allocation Questionnaire stating I should do all I can to try and settle the matter out of court first, so I requested a stay and have contacted the solicitors and explained the situation to them, they have acknowledged receipt of the information I have sent them and are going to contact me. Meanwhile I am sending them emails every week to ask them where they are up to as I am anxious to have this resolved.

So whilst I am waiting on that I have just got to get rid of the previous CCJ and CO by HFO Services Ltd! Any hints/tips/suggestions?

PS I started another thread a little while back on the CCJ and CO alone as it was getting a little confusing!! Here's the link:

http://forums.moneysavingexpert.com/showthread.html?t=1971723&highlight=skylined_gtr

RAS

have you done a Subject Access Request or contacted the court?

skylined_gtr

Hi RAS - thanks for asking, yes SAR has been sent, no signed credit agreement was provided. Court could only tell me to get legal advice!