what happened with this? Please help with my case http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Not sure as am at work till sunday, all paperwork is at home! will post it up asap.

????? Please help with my case http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Maybe would be good if a cagger would make a template for people with ccj's to have them set aside on the grounds of unfair charges????

Did you have a contract with them? Please help with my case http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Maybe send a CCA request & subject asses request first to see what info they hold & if they have a CCA! Maybe then you will know if it is worth paying someone or fighting it yourself? If they haven't got CCA you may still get chased for the debt but they will be unable to enforce in in a court of law! hope this helps Please help with my case http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Well done shame all companies don't act that quick! Please help with my case http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Did you get this removed? Please help with my case http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

what happened with this? Please help with my case http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

What has happened with this? did they take you to court? Please help with my case http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

copied from a post think may help me? Have made changes N244 Application Notice In the xxxxx County Court You should provide this information for listing the application 1. How do you wish to have your application dealt with:Claim no: 6XYxxxxx a) at a hearing? √ (complete all questions below) b) at a telephone conference? ...... (complete all questions below)Warrant no. c) without a hearing? ...... (complete Qs 5 and 6 below) 2. Give a time estimate for the hearing/conference:Claimant: Link Finance (ref xxxxx) .....1....... (hours) 30 (mins) (including ref.) 3. Is this agreed by all parties? NoDefendant(s) Mr xxxxx (including ref.) 4. Give dates of any trial period or fixed trial date xxxxxxx 5. Level of judge: District 6. Parties to be served: The Claimant Part A I, Mrs xxxx (the defendant) intend to apply for an order that the judgment dated xxxxxx be set aside and the Defendant be allowed to defend the claim Because The defendant has a real prospect of successfully defending the claim for the following reasons; 1.I now dispute the amount of the claim 2.I did not receive a default notice as prescribed by the Consumer Credit Act prior to the claimant issuing his claim 3. I did not sign an agreement for the amount of the claim Part C Claim No: 6XYxxxx I (We) wish to rely on the following evidence in support of this application: 1.A County Court Judgement was obtained in my absunce as i live miles away from the County Court 2.The claimant states a debt of £xxxxx for a Mbna credit card (xxxx xxxx xxxx xxxx) were purchased from Mbna Bank (Original Creditor) and Link Finance (Claimant). I have not received a notice of assignment for the alleged debts from the original creditor. I therefore put the claimant to strict proof that such a contract exists between the claimant and Defendant 3. After reading articles on the finance industries debatable practices regarding the levying of late payment charges. On x Jan xx the defendant sent a request under the consumer credit act for a true copy of the executed Credit Agreement, a statement of account detailing the principal, with all charges and fees made in respect of the debt and a copy of the default notice this was followed with a Subject Access Request for all data on all systems on xx Feb xx. 4.The original creditor (OC) and subsequently the claimant have so far failed to send the defendant a legible copy of the agreement or a copy of an applicable default notice. I require the contract to be able to defend my case. 5.Despite numerous correspondences to the OC and the claimant requesting a copy of the original Consumer Credit Agreement pertaining to the account and a copy of the default notice. To date neither the claimant nor the original creditor could produce a legible credit agreement or a single copy of any default notice. 6.It is denied therefore denied that any Default Notice in the prescribed format was ever received from the OC. 7.The Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant and that any default notice sent to me was valid. To be valid, a default notice needs to be accurate in terms of both the scope and nature of breach. 8.If, however, the OC did send a default notice and that it included unlawful/excessive charges, it is my assertion that such a default notice is invalid under English law for the reason that it is inaccurate and so the claimant may not seek to enforce this debt. 9.With respect to the claim, it is denied that I am liable to the claimant for the sums as stated in the original Particulars of Claim, as: a.During the period in which the Account was operating the original creditor (OC) debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. b.The claimant and the original creditor (OC) have singularly failed to produce an enforceable Consumer Credit agreement in relation to this account. In the absence of such a document, I deny that there has been any failure to make payment in accordance with any alleged contract. c.The Claimant having failed to produce a copy of a properly executed credit agreement and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, it is my assertion that no agreement has ever existed for there to have been a default condition to occur. 10.It is my assertion that the amount of the claim is inaccurate and I now disagree with the amount claimed for the following reasons; a.The charges debited to the account were punitive in nature b.Exceeded any alleged actual loss to the claimant in respect of breaches of contract on the part of the defendant c.Are not a genuine pre-estimate of cost incurred by the claimant d.Are not intended to represent or related to any alleged actual loss, but instead unduly enriched the original creditor at my expense, the terms in the agreement were not legally binding as they have been deemed unfair. 11.Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful. IT IS ORDERED THAT The Court is considering setting aside the order reference number 6XYxxxx in favour of the defense in this action as; a.A default notice was not issued in respect of the xxxxxx xxx account (xxxx xxxx xxxx xxxx) and therefore the appropriate pre-court process was not adhered to, and b.The amount of the original claim is not now a true representation of the amount owed The basis for this is the fact that Link finance and the original creditor Mbna have failed to produce a properly executed credit agreement pursuant to the requirements of the Consumer Credit Act or proof that a default notice was sent or received. If the Defendant objects to the proposed set aside, it is ordered to file, by no later than xxxxxx Upon receipt of any such objections, the Court will consider listing the claim of an on notice hearing of the set aside issue. In the absence of any such objections being filed in time, the defence herein will be set aside a judgement entered for the amount claimed by the Claimant, together with the appropriate costs claimable on the small claims track. Agreement not compliant with Consumer Credit Act: a.Unenforceable under s127(3) as it does not contain the prescribed terms b.Must be legible - s61 [1c] Relevant case law 1.The law states that without a prescribed agreement the courts may not enforce under 127(3) and 2.In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said , at page 1131:- “Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.” This is from a post but slightly changed for me! Any help please

Rockefeller's & Rothschild's spring to mind! Be nice to get my debt wiped off the international bankers accounts lol Can anyone help with my case please http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Is it for loan or credit card ect.. some more info may help people ans the question! Can anyone help with my case please http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

I think that is coved by the CCA act 1974 Can anyone help with my case please http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Did you send the letter & what was their response? Can anyone help with my case please http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Hi if you manage to get a set aside i believe you can request all the docs from the claimant that they will used in the case, this will give you a good idea if the CCA is enforceable or even exists, Hope this helps even tho it is vague! Can anyone help with my case please http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Yes i have read this before! If i remember right the banks cannot use this argument because of an act of Parliament maybe the CCA! Also there is some other case law to back this up but i cannot remember the cases! Hope this helps even if it is very vague. Thanks Also if any one could help with my case please http://www.consumeractiongroup.co.uk/forum/legal-issues/226535-help-set-aside-do.html#post2509926

Hi, i got a credit card for 2k from mbna in 2005/6 witch i may have signed an agreement, but after a wile the credit limit when up to 10k & i never signed a new agreement! Will there be able to enforce 10k from a 2k agreement? I received a claim form from count court, but not knowing about this great site or contract law I didn't defend & just sent back the expenditure form & stated i could pay pounds a month, so the judgment was made that i pay pounds a months. I was not at court as it was miles away from where i live. Now i have read many posts on this fourm i feel i may have a good case to defend & i want to try to set aside the judgment & look at the paperwork & CCA to see if i have a case. I need help on filling the N244 form & advice on if they can enforce a 10k debt on a 2k CCA? Please help as i have got to go to court in two weeks for a redetermination hearing

Great thread, Im with nuke. I have spent many hours researching how money is made and nuke is spot on! Money is created by our signature, and the gov admits it! someone done a freedome of info request & asked how money is made. I will try find the link.

You may be able to defend all of part of your claim ie unlawful bank charges, hopefully someone who is clued up on overdrafts will comment

Im new to this but i belive Northampton is a bulk clearing center & you can respond online, ie defend? Have you sent off CCA request? May help you to read some other posts see what other people have done at this stage.

Set aside & then CCA request?

What county Court was the sommons from?

Hello, i recived a sommons from northampton court, wich i did not attend as it is very far from where i live. i send back the form saying i could afford 20pounds a month, they rejected & the could aloud the 20pounds a month payment, So i thought from the letter. Then yesterday i got a sommons from my local mag court for the debt, it is for two weeks time. I now want to argue the case as many people on here have done but think it may be to late as i did not defend the case at nottingham court. Anyone know where i stand with this? The debt was with MBNA but was sold to Link, It is also above 10000 I will try post the letter from nottingham court tonight. What do i do next?