CCJ Help

lolamosschops_2

a brief update - we filed a defence and asked for the judgement to be set aside, we have received a notice from the court stating that the claimant had requested the order be sent to the the bulk charging centre - presumably to place a charging order on the house but that no such order had been received and that the courts were transferring the case to the local courts. That in a nutshell is all the response said so I am assuming that that a date will be set so that I can present my defence in my local courts - I have heard nothing from the claimant. Is it too much to hope that they are not going to pursue this any further. As usual all help is gratefully received and very much appreciated.

10past6

lolamosschops wrote: »

we have received a notice from the court stating that the claimant had requested the order be sent to the the bulk charging centre

Which order?

Northampton bulk centre is basically there to process multiple claims bulk, i.e. Companies who issue large amount of claims the likes of Creditors / Solicitors / DCAs the main role of Northampton BC is to remove the administration strain from local courts, anything beyond that basically has nothing to do with the Northampton, to make it easier to understand, Northampton bulk centre is mainly an administrative centre, therefore, I'm not sure why the claimant has requested the case be referred back to NBC.

Following my advice I believe you've been successful in achieving a “Set aside” date, no decision can be awarded “until” your set application application has been heard, any action in relation to your case needs to be “stayed” until the outcome of your set aside application.

lolamosschops_2

Right a bit of typing here so please forgive any spelling mistakes :D

This is what I sent to the courts

Q - What order are you asking the court to make and why?
A - Set Aside, on receipt of court papers I acknowledged online and stated that I wished to defend the claim, I immediately applied for a SAR and was waiting for this as my evidence but misunderstood the time limits required.

Q - What information will you be relying on, in support of your application?
A - 1. Although the claimant holds my current address I have not received a default notice nor is there any evidence of a copy contained within my SAR
2. Although requested, the claimant has not supplied any record of my Credit card agreement or prescribed Terms.
3. Within My SAR, there is a record that I cancelled PPI. The claimant has continued to apply these insurance sums to the sum of £2235.79 from 23.11.99 to 23.10.2009.

This is the reply I have had from the courts today.

The Hearing of the defendants application for set aside judgement (see copy attached) will take place at ******* on ******** at *********.

Now I f I understand this correctly the judge will decide if my application can be set aside probably based on the fact that correct procedure has not been applied ie no default letter. Then the claimant will have the option to try to get another CCJ applied if they are able to provide the correct documentation to prove the debt.

What I really need help with is what should I say when I am in the dock so to speak and what sort of stuff should I take with me. I have got my SAR and I have created a spreadsheet with all the relevant details on each page so I can cross reference if needed - How many copies of this should I take.

Help Help Help! - I know this is a necessary evil but I have never been in court before and I am a little (lot) petrified.

RAS

Firstly, as a Litigant in Person (LIP), you can take a friend if you want for moral support.

Secondly, the judge does not expect you to behave like a lawyer, but he does expect you to know what you are talking about.

RAS

A few pointers below. Will add a few bits in a mo.

lolamosschops wrote: »

Q - What order are you asking the court to make and why?
A - Set Aside, on receipt of court papers I acknowledged online and stated that I wished to defend the claim, I immediately applied for a SAR and was waiting for this as my evidence but misunderstood the time limits required.

Q - What information will you be relying on, in support of your application?
A - 1. Although the claimant holds my current address I have not received a default notice nor is there any evidence of a copy contained within my SAR

Which elements of the law support your claim that a default notice should be served before court action?

2. Although requested, the claimant has not supplied any record of my Credit card agreement or prescribed Terms.

We are talking about the Consumer Credit Act 1974 Which sub section? S

Evidence that the card was taken out before the law changed in April 2007. (I know it was but you need to tell the judge).


3. Within My SAR, there is a record that I cancelled PPI. The claimant has continued to apply these insurance sums to the sum of £2235.79 from 23.11.99 to 23.10.2009.

The sum claimed is incorrect because I cancelled PPI in (year) and this was stil taken by the creditor.

You need to go over to the reclaim forum and work out how much interest you will have paid on that money over the years. because the anmount the creditor owes your account is more than £2235.79

Also get hold of the OFT reports on PPI sales and detail the circumsntace in which you took it out.

10past6

Is the hearing on Monday re the CO being made final?

lolamosschops wrote: »

Now I f I understand this correctly the judge will decide if my application can be set aside

Your case on Monday cannot proceed until the outcome of your original set aside hearing has taken place, if I understand it correctly, Monday's hearing is to seal a Charging order, correct? if so, that cannot be granted until it's confirmed whether the claimant has followed the CORRECT legislation in bringing the claim, which is why you have a set aside hearing granted (non compliance re default notice)

When you attend your set aside hearing later on in the year, if you prove the claimant failed to comply with legislation when issuing the DN, then they cannot move onto the next stage which is applying for a CO.

lolamosschops wrote: »

What I really need help with is what should I say when I am in the dock so to speak

It's not a court like the Old Bailey, it's a room with table and chairs, the Judge sits at the top of the table, the claimant one side of the table, you the other, they present their case, you then present your defence.

lolamosschops wrote: »

and what sort of stuff should I take with me

As stated, this case cannot proceed, think of it like A B C D, at present, your at stage B, you've requested and been granted to take the claim back to A, therefore, stage B cannot be granted until the outcome of stage A is known, so your hearing on Monday "should" be stayed until the outcome of A is known, all the being said, take as much evidence as you can, don't trust the Judge / court system to work in your favour, to much evidence supports your defence rather than insufficient evidence.

lolamosschops wrote: »

I have never been in court before and I am a little (lot) petrified.

Take a deep breath, remember, it's only a debt, you've not committed a criminal offence, therefore you're not going to be imprisoned.

My advice remains the same to all LIP, prepare for the worst, nope for the best

lolamosschops_2

Hi all, (well if that's if anyone is still watching this),
Court case imminent now, this time next week it will all be over (well round one anyway). Set aside is now also a final charging order hearing because the solicitors/courts have decided to hold both hearings together, the clerk of courts told me they do this routinely and it is not often viewed favourably (hope she knows what she is talking about). My defence is quite simple really and is as follows
Oct 09 - started struggling and informed CC company
Nov 09 - entered DMP payment amount accepted by CC Company
Jan 10 - 1 phone call from solicitors asking for my personal details - refused, told me they had sent a letter - I asked them to resend then I would call them but as I had no idea who they were I wasn't going to divulge, snotty chap argued with me and informed me I would be sorry if I didn't deal with him there and then.
Feb 2010 – CCJ application drops through the door
Feb 2010 – disputed the claim and applied for SAR
April 2010 – CCJ Awarded against me
April 2010 – SAR arrives, no CCA no prescribed terms, no default notice, no letter informing me that said solicitors were now handling the case – just many pages of nothing really
May 2010 – set aside applied for and awarded.
My defence is basically, no CCA, no default, ???
All thoughts suggestions welcome please

hatparksol

Hi guys I'm the ner-do-well hubby, we sent the following letter to GM Card/HFC :-


After recently obtaining a copy of my Credit File from the Credit Reference Agencies, I am concerned to note that your company has placed a "Default Notice" against an alleged account I held with you. Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.77 - s.79 Consumer Credit Act 1974. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

2. Please also supply me with a signed, true certified copy of the original default notice in line with s.87 & s.88 of the CCA(1974).
You are notified that you are obliged to supply these documents, whether you are the original creditor or not under s.189 of the CCA(1974). I request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendment to the entry will not be acceptable.


from the templates section, this is the second request, as there was no copy in the first, ( which I think is very sneaky ), any way they have now sent a 5 pages document which I / we would be most appreciative if you could advise on our next best course of action, please note we are in court next Tuesday and getting a bit nervy .

Page 1 :

Re: ### Bank Ltd v. Yourself
Overdue Credit Card #### #### ( these are the correct numbers)

We enclose reconstituted copy Agreement upon which we will rely at the forth coming hearing.

In relying upon this document we will refer at the hearing to the High Court decision in Carey v HSBC & others and also Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

Yours faithfully,

Signiture


Page 2 is a poor copy of a ' Priority Application Form '

although there is a clear copy of Lola's name etc there is no visible signature on the copy in the boxes or a date in the sign box

Page 3 are the GM T & C's

Page 4 is the first statement

Page 5 Blank

ANY IDEAS & Comments are MOST welcome - and thank you all for help

NorthernLas

Did Lola do a subject access request (where they send you everything)? I am confused as to why this was not in it.

For specfic help I'd suggest you PM either RAS or 10past6 and explain you are related to Lola

I also think that 10past6 advised that if you did not receive a default then they did not follow procedure and as long as this is explained this is adequate defence ... but you need to check.

hatparksol

Hi we did do a SAR and got the 100+ pages back but even though we had specifically requested the original agreement it wasn't included, we did a belt and braces thing by requesting the original default and the original agreement, and today we have received the above but still no default notice, I think they are playing games as the both originals should have been included with the SAR.