On the N244 form there is a box asking "what order are you asking the court to make and why" so i enter the following? I am requesting to set aside the judgment dated th Febuary 2019 for claim number xxxxx pursuant to CPR13 as there has been a procedural error by the court, as we have posted all the requested documents and am attaching the postal reciept and tracking.

Thank you Andy, would you suggest that i still enclose the check payment?

There was alot of paperwork to go with it and i couldnt locate my logins, so i just sent through by recorded delivery and tracked and saw that it was signed for by the court and "assumed" all was ok. N244 costs around £250 to file and this is clearly a court error, so is there anything to do there?

Hi All I let out some rooms last year and had a tenant move out with out any notice and the tenant requested the deposit returned, this went to the Tenancy dispute service who had registered the deposit and they found in my favour and advised the tenant that this was legally binding as they had agreed to arbitration. The tenant went and filed a county court claim which i responded to straight away and within the given time, send by recorded delivery and heard nothing more, around six months later (this week) i received a letter advising judgment for the claimant as " no acknowledgement of service had been filed" with an advice that costs will be determined in due course . The case has no merit and they haven't acknowledged receipt of my defence and AOS , so is N244 the only way? Any help will be most appreciated.

I wonder would the following make sense? as this is a family vehicle i am unsure who was driving the vehicle at the time of the said breach , therefore am unsure who entered or accepted this contract with PE so unless you can provide any further info......

Arrow global have now transferred the account to Rockwell who are starting to hound me.... how do i get them to back of? DO i CCA request from Rockwell or Arrow? or do i advise that the debt is unenforcable they know that already? try again for Settlement as MBNA rejected offer last time? i havent made any payments since the default. as always any help is most appreciated!

Wow Citizen B thanks again for the fast replies.. I think I am going to take a deep breath and wait for other responses about the set aside situation. In my previous post I was debating to try and settle not go into a payment arrangement, but I guess they may not go for that and interpret as a sign of weakness. Anyway I will await further replies and want to thank you again for your help.

I have another letter asking me to contact before 7th Nov to arrange a payment solution or they go for bankruptcy proceedings, is this the norm has anyone settled with a discount at this point? feeling so jittery trying not to panic!

Ok understood. Thank you

After the termination i believe....

on another note could i just call and try to make a 10-20% settlement or would this be interpreted as a sign of weakness?

HI CB i cant believe i missed that in the T&C's the date, if they terminated early they anyway invalidated the whole DN therefore the SD can be set aside as the debt is in dispute/non enforceable? i didn't have the T&C's on the original application form and they are trying to botch it quite badly. When i started this thread i had no equity as was mortgaged to the hilt but things have changed since and i now am deemed to have assets, i would look at getting the DCto back down quick and then trying to settle once i can convince them they have no case. i am really impressed with the way you work out the dates..... am hoping to go the court tomorrow with the replies and get this over and done with.....

Hi CB 1.on page 6 of the thread i have posted the DN and the termination letter , DN letter gave me till 12th Jan to comply, termination letter is dated 4th Jan. 2.the CCA is a reconstruction and in my view did not have the T&C's on the back although i am not sure how relevant this is in todays day and age 3. outstanding balance at time of default letter was £8555 the default registered was for £9.6k. 4. i did make a settlement offer to Halifax at one point and I didnt properly fight the CCA or put the account into dispute. what would be the best way to fight this with this info? Thanks for coming to my assistance so fast.

Brilliant ..... really appreciated

Any of the Legal Gurus around? i would love to respond and get this shoved straight back down their throats....

i have made quite a mess of all this.... im feeling so stupid!! i cant even remember if i sent of the cca letter advised last month although i dont think i did. The DN is invalid as it was terminated before the agreed time.... the CCA is a copy and paste , i have this paperwork.... is this what i use to attack the SD? sorry if im confusing all

HI DX i was quite unwell and confused hence the reason for being away last week. i havent sent the cca request. as weird as this may sound i have had 2 accounts from HBOS, and for one HBOS had sent a letter advising that they have no cca and therefore non enforceable, i did confuse this with the letters recieved from lowels assuming they were chasing the unenforcable debt. it now turns out they were chasing the Halifax debt which i have the CCA and also now have the DN and unlawfull termination letter to hand as per the copies shown on this thread, is this enough to respond back with ??

HI Supa/ims21 and all you caggers this was originally a Halifax account owing just over 8k, in 2009 i ran into extreme difficulties and wrote to them on the 16th dec 09 trying to offer a settlement of around 10% which they rejected in a letter dated 30th Dec, on the 22nd i recieved a default notice letter (which i have on this site but am unsure how to merge) giving me till the 12th Jan to pay or account termination! on the 4th Jan (8 days before the stated date ) i recieved the termination letter from Halifax stating the account has been terminated. it has since done the rounds of DC's most of which i ignored, Also the actuall original CCA in my eyes was a clear copy and paste job without the T&C's within the document. I am not sure if i recieved the notice of assignment which was this year, also the actual default date showing on my credit file is 3 months aftert he actual default letter and after the termination letter. to respond to this Stat demand... .. do i point out the there is an invalid DN as the termination was served 12 days after the dn and not in the agreed times?? How do i attack this hard and fast?? thanks guys for all your help!

What to do if I can't find these letters, can I request copies of the DN and termination notice and from whom?

This was handed over at 7am 17th oct..... And docs are dated 24th September.

Hi all If someone can please advise urgent. I am out of the country for medical reasons and not due back for another week. Mt wife received today by hand a stat demand dated and signed 24 sept from be legal acting for lowell, I may have CCTV footage of him handing over today which does not leave me time to set aside nor am I in the country at the moment. It is for a credit card debt of over £9k which I do believe is un enforceable but is within 6 years. How can I put a fast stop to this? As I said I am away and also this was not served properly and actually downright dishonestly.... ..... The envelope bears no postmark. My wife is at her wits end as she is scared. Any help please??

is this the correct one to send? This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

will do.... thanks so much!

thx for that Andy. would there be any point trying to settle at this point based on it being an unenforceable debt just to make them go away or will that make things worse?

received today a letter threatening with next step being a statutory demand from their legal dept. do i send them a copy of the letter recieved from RBOS stating: "we regret to advise you that the agreement has been misfiled hence we are unable to comply with the cca request, please find your 1 pound enclosed. Nothwithstanding the agreement remains valid and we expect you to meet your obligations under the agreement. we point out that if you do not resume making payments we will report the default to the credit reference agencies. Section 78 (6) 'Uneforceable' only prevents us from pursuing through courts. i hope this clarifies the matter." or do i start by sending a cca .... if the debt is legally unenforceable as stated by the original lender then surely it is enough to make them go away? i have a letter stating that it prevents chasing through courts from the original lender...... or do i just ignore as its just a threat letter at the moment?