Well I went to the hearing yesterday and left court fuming! BC informed by letter of their intention not to appear despite an order to do so I presented a note listing my request for true copies prior to going in to the judge and was greeted by the judge and he had arranged for BC to proceed via the telephone He had the usher call them and proceeded with the hearing I felt ambushed and told the judge so He went on to pretty well dismiss my defence and although I told him that I hadn't received a default notice or notice of assignment he went on to say it was just a technical defence and judgement could be passed but not enforced He clearly saw me as a dirty debtor(despite looking very smart like the smartest giant in town according to my 4 year old daughter) and dismissed everything I tried to say I doubt that I would have received a call from the court if I chose not to attend I want to complain about the judges actions but don't want to create an issue at the final hearing Hearing to be listed 56days both sides to have exchanged witness statement 14 days before Any thoughts on what to do about this? Would that same judge ask the usher to call me if I hadn't attended

I agree with you gannymeade, and want to take advantage of them not being there I want an unless order if possible for default notice NOA and credit agreement as at inception To the judge "if it you can understand it sir this case has been hanging over me for several months and despite cpr requests and cca requests and orders to attend court they continue to proceed with a claim without the evidence to support it and are still 10 months later not providing the required information please can you issue an unless order to put this to bed. If I push hard enough I expect them to backout Onlyme

It's an application form It states if approved Hearing is on 12th need to put forward some type of statement Along lines of Not happy with them not attending No default notice No NOA received Application not agreement Not dated I've never seen or signed the recon t&c before

The application form is not dated Does section 61.1 make it unenforceable?

I agree it is wasteful they didn't attend the set aside either. I will attend the order says must attend they haven't said anything about saving costs I will be requesting additional time to amend my defence can I ask for a strike on the grounds of faulty default notice or will this have to wait for the trial I will kick up a big fuss about time and not attending still not giving all documentation requested under cpr and cca request I will ask for a 7 day unless order for the assignment and default notice

Its a small claim for just over £1000

setaside judgment: 1Default judgment is setaside 2Defendant shall file and serve defence by ..... june 3 The clamant shall pay £400 by ...May General form of Judgment: 1 List for allocation and directions on 12th September 2 All parties or legal reps MUST ATTEND 3 Purpose of hearing is to establish dispute and determining likely length of trial Interestingly they are saying they will not be attending in their letter accompanying the witness statement to my original defence onlyme

I am catching up with it a bit The hearing is an allocation and directions hearing. The purpose of which is to establish the issues and determination of likely issues and length of final trial The set aside hearing judgement set aside the default judgment and ordered a defence to be filed (duly done pretty well asking for documents) Their witness statement now provides the documents listed above Onlyme

I don't know the procedure for the hearing. I need to be able defend the witness statement sent and documents received I assumed it was amending the defence but I think it will be in the form of a witness statement rebutting theirs

Update, set aside hearing won with £400 costs awarded to me Defence submitted, followed by the same old same old consent order route from BC Hearing date read for 12 September Witness statement received this weekend with old application in parts illegible plus a statement of default with no default notice A letter of assignment with no evidence of it And a current terms and conditions with (EDIT) one heading addressed to my current address which is a compete fabrication I need a new amendment to my defence They also state that they won't be attending court. I am livid about this because they know that I will win on default notice alone I need some defence input if anyone can help Can I ask for costs, still small claims Onlyme

You're right citizen b allocation questionnaire next

Stay on track keep on posting until you find out if they can come up with something to support the claim

Yes

Standard for them they will probably send you a consent order hoping that you will give in Next you can expect to receive the hearing date Then 14 days before the hearing they should send their witness statement Postup here for more assistance to help I have a similar situation a few weeks in front of you Onlymeagain

Subbing with interest

If they dont agree to a consent order setting aside to their terms, how good a chance would I have a getting a full setaside with claim served at incorrect address, nomention of assignment or proof of debt on POC, and only a recon to s78 req from OC, also no reply to dsar

Andy the consent order looks a good option, as it means that I can get on with my life without chasing around the courts for a maybe win at a set side from what youve read so far can you suggest setaside grounds and with your experience do you think it could be successful only me

Totally agree thats why I need help with the setaside

Andy Orch, I need some help to put together a defence and application can you point me in the right direction The claim and default judgement was made through the northampton bulk centre as usual no details were supplied, such as whether they had the right to pursue, no documentation was supplied to support the claim etc etc I am now 2 months in default of the judgement payment schedule as I only found out last week and i want to avoid further action I spoke to them and over the phone in one conversation they have agreed a full and final of 50% without a lot of trying on my part I urgently need to make a decision whether to settle or fight I am aware if I settle the claim will show for another 6 years on my credit file onlyme

Thanks for the reply, yes I still have the correspondence, can I use it as part of the setaside I am looking for grounds to guarantee it being set aside Can a failure to supply cca and not supplying me with dsar and so setting account in dispute 4 years ago win itOC should not have sold the account in dispute Onlyme

Yes they wrote to me several times over past 12 months last time in July 2012 I didn't reply, so I presume they were trying again at my old address I am also on electoral register at new address

Humfff! Just a year away from SB and bryan carter gained a default ccj at my old address 2 month ago,I only found out after a credit search I intend to apply for a set aside with a defence of not having received docs and original creditor should not have sold as they were in default of cca request and dsa request What are the prospects of winning set aside Relatively small debt but I still have equity in old address that is now rented Onlyme again

The initial claim is for a limited company does a DSAR still apply onlyme

only LBA so far and I am addressing issues that I am aware of, so i will fire of a DSAR today to find more if i can have I been prejudiced and do you think the indemnity is weak by not having their signatures?? onlyme

I am a very good builder(this is not an oxy moron) and have a claim issued against me by the NHBC for remedial works that I carried out on a block of apartments I built in 2007 and that they say were not carried out correctly I disagree with there stance the work was carried out as suggested in their report and in full view of the landlord/owner that was claiming these things 1 week before the end of his 2 year grace period I was present at an initial meeting to discuss these items and I was issued a report that I followed and did the work I dont have documentary evidence of doing the work I was not consulted after I had done the initial remedials nor given the chance to re-do the work that they say they found unsatisfactory Have they prejudiced me in settling the claim without having gone back to me? I was not invited to the re-inspection. They are claiming against me as an individual as I signed an indemnity for my company which went into liquidation at the height of the recession I have a copy of the indemnity and although I have signed it they have not is this unenforcable?? similar to a credit card I have 100% positive ratings on my builder and rated people websites