Cerb hasnt been posting anyone know why?

Andy We have our new date and it is going to be with a different judge than last time. in the papers they have sent it was reiterated that the circuit judge said that it was only for direction and all parties agreed 20 minutes wasnt long enough(i didnt agree he and the agent did) He has ordered that the claimant has leave to file a further statement arising from our draft defence to be filed and served by **th of Novemeber. Also costs of application are to be reserved to the next hearing. Couple of things Andy... I am having nightmares getting hold of the N9 the local court are a waste of time I have phoned over 10 times and received the auto reply 'ALL OUR AGENTS ARE BUSY' and received auto replies to both my emails saying they would respond within 5 days(no replies). NORTHAMPTON CCBC are insisting the hard copy file went up my local court though I have contacted them three times and the third time I asked for them to log a file request, and I get a final answer on Monday. I am recording dates and times of phone calls and obviously printing all emails. Secondly is it fair I should have to pay further costs if it is not set aside surely thats the courts fault?? Thanks

Ok Andy He has allowed the agent to resubmit a statement and presumably I'll get a copy. If so I would be keen to have your comments Thanks

Andy Do you think it worth hiring anyone this judge looked unimpressed to me that I had decided to be litigant in person. An example is, he asked my why I hadn't submitted a defence I said I had it was contained in the papers he looked through and waved the A4 at me and said 'is this it'. It's not just the words it was how he said things and just spoke to the agent asking this and that and then upon her answer turned to me and dictated whatever she said. As you imagine a loss here is a further 6 years of financial hardship so it's massively important.

They are responding to the defence we filed, they say they never received it or any of the emails we sent. I wanted to show the DJ electronic proof but he wasnt interested.So glad he didnt make the decision yesterday as on reflection absolutely no chance he would have set aside so hopefully it wont be him again. As I say he has allotted a time slot of one and a half hours for the next hearing so Im expecting their to be some serious interaction with the claimants agent as 90 minutes is a long time.

Ok Andy Ill contact Northampton again and revert back to you. Ind are to resubmit a statement to the court and me further to the defence we filed.

Andy We had the hearing this morning and the DJ decided he would not here it as he had insufficient time. He said it had been listed for direction and the 20 minutes that had been allowed would not be enough and want to reschedule with an allocated hearing time of 1.5 hours. The Agent representing the claimant said to me afterwards she not encountered this before. The claimants Agent also claimed not to have received my defence and the judge agreed that according to CPR** it should have been attached to my application to set aside which it wasn't unfortunately. Further bad news the proof of posting was for my set aside application and not for the AOS which the judge stated I need to have has it could be important to the decision. Ive rang Northampton who state they sent the hard copy files up to my local court who when I asked this morning the local court stated they have not received it from Northampton. I explained this to the judge who agreed its not unusual for documents to go astray in between the courts but instructed me to go back to Northampton to request. I informed him that it was obvious it had been mislaid as the judgement was passed. At this point the agent for the claimant asked for further costs to be attached which when the judge began to nod I argued that would be unfair. These the judge said will be set at the next hearing. Im not sure that this particular judge would have been the best to hear this case as when I asked why we would hear representations for both parties over an hour and a half period isn't that the same as a trial after a set aside. He simply stated as Im litigant in person this would take too long, I replied that all I am requesting is the claimant put in front of the court was a credit consumer Agreement thats satisfies the consumer credit act 1974. He reiterated the time for this hearing was not sufficient to hear both parties to make a decision to set aside. It will be within the next 4 weeks

Ok Andy Thanks, ill be in touch soon

Andy I should have mentioned that they have included the below as the CCA I requested along with a number of sheets containing prescribed terms etc.Also is the usual gumph stating they have fulfilled my request and the account is no longer in dispute. Thanks

Thanks Andy Ill revert back to you tomorrow if I have to, other than that ill post after the hearing Many thanks for your help in all this

One last question Andy, I have read a few of these cases and a catch out for the defendant on a few has been the judge asking 'do you owe this money' what is the correct reply if the CJ asks that? Thnaks

Yes proof of posting

Post 97 Andy

How do I get proof of CCBC, do you know/

Andy I dont know the answer to that,sorry

Ok Andy One last thing, it states in the witness statement that they sent terms and conditions for the credit card agreement(though it was an application form). The terms and conditions clearly state that they are from the Halifax yet they didnt merge with BOS( by ther own admission until 2001) but the application form is dated 2000?

Andy I have already submitted my defence as we agreed earlier in the thread. Do I need to to add to it or respond to their witness statement?

Andy BTW yes they did receve the acknowledgement of service, and the set aside application was stamped the 12th Sept so even that was within the 33 days

Hi Andy They did send an attachment of earnings order other than that what could be construed as enforcement? Exasp

Sorry Andy Here is the full version: WITNESS STATEMENT 1. I Emma Williamson of P O BOX 1293 PE2 2NU, will state as follows:- 2. I am a legal assistant employedby IND ltd with authority to make this statement 3. I wish to rely upon CPR33.2(1) (a) of the civil evidence act 1995. I would mention I have no personal knowledge of the conduct of the account before the issue of this claim. The documents lodged with the court speak for themselves 4. This statement is made in relation to the defendants application to set aside judgement dated ------ 2014 received by the court on the ======2014 with hearing listed on ==== 2014. 5. The debt is in relation to a current account agreement entered into between the the bank of scotland and the defendant. The credit card account number is **** **** **** **** Please find at EVW1 a copy of the agreement. The agreement was terminated upon the defendants failure to comply with the terms of the agreement. The default notice was issued on the 10 dec 2008 and the balance was £****** 6. Please find at EVW2 a copy of the statements 7. The claimant can confirm that in 2001 BOS merged with the Halifax to form HBOS plc In January 2009 HBOS plc was aquired by Lloyds TSB. The claimant was assigned the debt by the Bank of Scotland who had control over the debt. No notice of assignment between the banks was needed as they are all part of the same company 8.The rights of the Bank Of Scotland passed to the claimant pursuant to an assignment dated 07.07.2011 9.On 31 August Lloyds TSB sent to the defandant correspondence notifying him that the debt had been sold to the claimant on the 07.07.2011The total balance was 3****,**. Please find a copy of this letter at EVW3 10. On 31 August Lloyds TSB sent to the defandant correspondence notifying him that the Bank of Scotland had assigned to IND the full amount owed under the agreement. Please find a copy of this letter at EVW4 11.On ** Jan 2014 a letter before action (hereafter known as LBA) was sent to the defendant at his lastknown address. A copy of the LBA is exhibited at EVW5 12. On the ** JAN 2014 the claimant sent the defendant a copy of the agreement and terms and conditions cover letter attached at EVW6 13. The defendant wrote to the claimant on the ** Jan 2014 received on the ** Feb 2014. He requested a copy of the agreement and statement of account pursuant to s77/78 of the consumer credit act. The claimant replied on the ** Feb 2014 to inform the agreement had already been sent to him and the statements had been requested from the original debt owner and would be forwarded onc ethe claimant was in receipt. A copy of this letter is exhibited at EVW7 on the ** march 2014 the claimant wrote to the defendant to enclose a copy of the assignment notices and the statement of account. A copy of this letter is exhibited at EVW8. 14. The claimant failed to receive a satisfactory response to the LBA. As a consequence on ** Aug 2014 the claimant IND isssued proceedings in the Northampton County Bulk Centre to recover the outstanding amount. 15.The claimant considers the claim was deemed served as per the provisions set out in 6.9 of the civil procedure rules 16. The defendant failed to file a defence to the claim. As a result judgement was requested to be entered. The judgement date was ** Sept 2014 17. The defendant states in his application to set aside that default judgement was entered as he working away. The defendant has provided no evidence to confirm his comment. The defendant states that he posted the acknowledgement of service on the ** aug 2014, the claimant has not been provided with a copy of the same. 18. The defendant states that he has prospects of success but has not provided a defence to the claim 19. The claimant has provided evidence as above to responding to the defendants CCA request. No action was taken whilst the reqwuest had not been responded to. 20. The claimant has attempted to enforce judgement since it was entered 21. The claimant believes that the defendant is now making this set aside application as the claimant is seeking to enforce the judgement.The debtors conduct amounts to an abuse of process as set out in the case of Nolan V Davenport (2006) EWHC 2025 QB. 22. In accordance with CPR13.3(1)(a) CPR1the defendant is required to demontrate that there is a real prospect of sucessfully defending the claim for the judgement to be set aside. The defendant has failed to do this. 23. The claimant would ask that the defednats application be dismissed and the costs of the claimant arranging an agent to attend the hearing be added to the judgement debt the sum of £102

WITNESS STATEMENT 1. I Emma Williamson of P O BOX 1293 PE2 2NU, will state as follows:- 2. I am a legal assistant employedby IND ltd with authority to make this statement 3. I wish to rely upon CPR33.2(1) (a) of the civil evidence act 1995. I would mention I have no personal knowledge of the conduct of the account before the issue of this claim. The documents lodged with the court speak for themselves 4. This statement is made in relation to the defendants application to set aside judgement dated ------ 2014 received by the court on the ======2014 with hearing listed on ==== 2014. 5. The debt is in relation to a current account agreement entered into between the the bank of scotland and the defendant. The credit card account number is **** **** **** **** Please find at EVW1 a copy of the agreement. The agreement was terminated upon the defendants failure to comply with the terms of the agreement. The default notice was issued on the 10 dec 2008

[ATTACH=CONFIG]53941[/ATTACH][ATTACH=CONFIG]53942[/ATTACH][ATTACH=CONFIG]53943[/ATTACH] Hello Andy They will be sending an agent to the case and here is their witness statement above: They mention in point 21 'The debtors conduct amounts to an abuse of process as set out in the case of Nolan V Davenport(2006) EWHC 2025 QB' Are you familiar with that case Thanks Exasp

Andy Just received the claimant IND's defence for the forthcoming hearing. Anything unusual in a claimant issuing a defence? anything you would like to know it contains? Thanks Exasp

1,622,5549 VIEWS AMAZING Could have done with a donation advert on that thread

Oh well, just seen one of my threads has 52000 views not bad for a basic account holder