Just read your thread through and wanted to say congratulations on your result. I bet it is a big weight off your mind.

Thanks for the advice Tendogs and to the other people who posted with reassuring messages. I am not having a go at anyone, i'm just so frustrated with it all and how to go about things, i'm clueless. I just have awful visions of them coming to take my sons things away, that he has saved up for himself. I don't know if i could deal with seeing that happen. I swear i am seriously considering doing a law degree to help me and others in the future with consumer problems after all this worry. I appreciate i owe them money £1200ish, (of which £800 is charges). I missed 1 lousy £10 payment due to being broke that month and then they send me court papers. Not even a default notice or a lba before hand. So maybe i should just pay up ? But i just can't accept that the court have allowed me to loose (apart from my none attendance due to illness), on my counterclaim, as i thought credit card charges were still claimable. I don't know if it is a good idea to use the same defence again Tendogs, as it has been mentioned about some bits being wrong, something about £5k damages and wrong section of act or something like that. If i knew what should have been put i would try and write a new defence myself but as i don't know anything about comsumer law i don't know where to start or look. I still havn't had the warrant through my door as yet. I'm not even sure i can apply for a set aside as i think it's 14 days from the original judgement, so that date has well gone now. Anyway thats the state of play atm.

Please tell me if i am wasting my time keep bumping my thread and pressing the red triangle to alert for help. Or keeping quiet for a day to not appear a nuissance and then still nothing. Short of begging, (which i pretty much have been doing), i don't know what else to do to get any help with my situation. It wouldn't bother me so much and i would just go away quietly if i hadn't been told that i will get help with my case/defence. So i keep clinging on to that hope that i will get help before it's too late but still it hasn't come. I would appreciate if i was just told outright that i won't be getting any help rather than be kept in the dark. Yes i know your all very busy people on here and i appreciate that, i really do, but to be told i will get help and then just being ignored when i alert and bump is so frustrating. I'm worried sick about this.

Bump.

Oh thank you for looking in. I haven't had the Warrant of Execution served yet but i have a feeling it'll be waiting for me through the letter box in the morning, somehow. The 10 days that Cap one gave before they would apply for one was yesterday, so i need to fill the N244 form to take to court tomorrow and my £75 fee. But i just don't know what i am suppozed to give as my defence if they are saying i lost due to not attending and no grounds on my defence. If i just knew the basics of what to put i could type a defence up. I will not miss this hearing if it is granted, no way, no how, even if they have to carry me there. Thanks again for getting back to me.

Thanks, thought that was a report button for dodgy posters.

Hi Canaan Where is this red triangle you speak of?

Bump

Bump.

Bump Deserately need some advice here. I am worried sick that i am going to get the Warrant served before i have a chance to set aside. I have a day at the most to put in a new defence on the N244. Please

Hi Paul, hope you had a good Christmas I need advice on what to do next please. I want to fill out the N244 form to set aside the judgement before the bailiffs are ordered to come round and i don't have much time. I phoned yesterday and asked the enforcments dept what happens now. They said i could either fill in N245 (to have the warrant of execution halted), if i agreed with the verdict or the N244 if i didn't agree with the verdict. So i want to go for the set aside to defend the decision. I just don't know what i am suppozed to put or say on the form as my reasons and hoped you could help here as u mention there are discussions going on behind the scenes about my case on here and so hoped you could help. Really need to get this form filled in asap because the 10 days are up from Cap one so they will be applying for the warrant anytime now. Thank you.

Okay, i think theres a few things that need addressing here. I have not at anytime blamed my defence for my loss of case and i still don't. I also don't want someone who has helped me a great deal on here and shown an interest being blamed either. I'm sure that any mistakes made were none intentional. I am well aware that other factors were involved. That being, my none attendance due to illness and incorrect information give over the phone by the Usher regarding whether i would loose my case if i didn't attend. I am not out to blame anyone and again i don't want anyone else blaming anyone. I don't like conflict it is non productive. I just want to sort this out and get it back on track if that is a possibility. Thank you all for your support thus far and for the National Debtline info. Thank you.

Thank you for the kind words CCM, much appreciated.

Well, i got myself so worked up with all thats going on and been said that in the end i just ended up phoning National Debtline and spoke to a really helpful man who is sorting my problems with me and sending me all the relevant info and packs to deal with my problem. He told me to deal with this warrant business first then he's going to advise me what to do with the other debts i owe. I can't see much point appealing or applying for any set asides or whatever for the court case anymore because i don't see how can i appeal a defence that was wrong in the first place. I'm a bit lost for words atm with it all.

I'm really confused here. So your saying they can defintely start coming round after the 10 days stated on the letter with a warrant to take things. So how come some people get to pay back money they owe at tiny amounts like £1 a week? Under what circumstance can it be paid at small amounts a week? What action would i have to take to be able to pay back at small amounts? My partner owns the house, i am not on the deeds and all the stuff in it is his, how can they take HIS stuff for my debt? Also when would i have to appeal my case and would this have to be done after the warrant or before? Jesus this is scary stuff. Theres no way my partner will let any person come round and take HIS stuff! I think he would do time himslef before he let that happen. So many questions, so confused here.

Hi Paul Yes i am pretty sure i am entitled to fee waiver. I was told i could claim back the £75 fee i paid for my counterclaim. However i don't know if i can now claim it back having lost,...can i?? Anyway i got a letter this morning from the other side saying i have to pay up the full balance in 10 days or they are going to get a warrant of execution on me and bailiffs. Thing is i don't have that sort of money. Infact that was the whole reason why i was paying a £10er a month to them before this whole court scenario. Don't know if i should be in a different part of the forum for these questions but how can i stop these people coming to my house and arrange to pay this over a longer period? Should i be contacting the court or applying for for any type of order that lets me pay it of bit by bit? Or do i contact National debtline? My partner seems to think that since it's my debt theres no way the bailiffs are taking any of his stuff (which is pretty much everything as the house is in his name.). Can they take his stuff for my debt? Sorry for so many questions but i really need answers as time is short before they get the warrant of Execution. Thank you.

Hi Paul So what happens now? Is there anyway round this now or is it not worth it? What are my options? Thanks

Yes it was small claims. It wasn't even the actual final court case hearing it was a preliminary hearing. Not sure what is involved in a preliminary hearing but it is obviously (due to the outcome) important enough to be able to loose a case at. What worry's me is if i appealed and mention what the Usher said on the fone in that appeal, they might find way of making me loose because they won't want on of their own staff being blamed. If that makes sense?

Hi Paul thanks for your input Is an appeal straight forward or a costly event? What would you say my chances are roughly in my particular situation? Cheers

Yeah this is what gets me. Was this a Rankins case scenareo used by the solicitor i wonder? Still i thought even if i've lost the CCA part, that the counterclaim charges would still be claimable.

I would like to fight it but i can't afford the court fees to keep loosing and if it's not looking good for me winning it seems pointless. If i did decide to fight it i know for certain that my Specialist and Doctor will give me all the backing needed in writing about my disability and how it affects me. Infact knowing my Doctor and Specialist they will be furious when they hear about this. Bet that Solicitor for the other side thought it was his or her birthday when they had the judge all to themselves that day, to be able to give all the spiel against my case.

Thank you for your response andy i know you've been helping me throughout all this and i really appreciate what you've done for me, especially considering you don't even know me. Ooops i had totally forgot that loosing means a CCJ. Oh well my credit worthiness is ripped to pieces as it is anyway. What is a redetermination hearing and what influence does being on Incapacity benefit have then? Cheers

Well that went well.....NOT. Got a letter today saying it has been struck out and so i've lost basically. This is how things went. Was all set the night before to go to court the next day for my prelim hearing, (Still don't know what a prelim is btw). Anyway in the morning i was too ill to attend, (i have a severe form of Poly Arthritis which is so painful and debilitating that when it is bad i literally cannot phisically move. It is also something that i cannot anticipate so i have to take each day as it comes regards how i will be affected). So i foned the court at 8:55 am on the day to explain this and that i could not attend as a result. This was pretty much how the conversation with the Usher went. "Hi i'm ringing to say that i cannot attend court today for my prelim hearing due to being very ill with my Arthritis, basically i can hardly move so i cannot possibly get there. I also said i could get a letter of proof of how my illness affects me if need be. So he asked me what my case number and name was etc. He then said: "No problem i will inform the judge." I said: "Will this affect me case?" "Does this now mean i've lost?" He said: "No not at all. We all get ill from time to time, infact i was ill only last week and had to have time off. It's can't be helped." So i thanked him, for putting my mind at rest. He then said: "I'll just write down that you phoned at 8.55 to say you were too ill to attend and i will inform the judge why." Thanked him and said goodbye. Get a letter today (19th) saying Upon hearing the Solicitor for the Claimant, the Defendant not attending (the Court having received a telephone call from the Defendant) IT IS ORDERED THAT 1. Strike out defence and counterclaim as showing no reasonable grounds 2. Judgement for the Claimant in the sum of xxxxxxxxx + £145.00 costs. So there you have it. So basically i owe more now than i did before all this started, plus the counterclaim fee that i had to pay. Merry Christmas Amber! I'm not complaining, because at the end of the day whats done is done. What i am pee'd off about is the Usher telling me i wouldn't loose my case for being ill and unable to attend. Well i don't know how i'm going to pay this money back to them because i only get Incapacity Benefit. Also the court letter doesn't have a date to pay by. Up s**t creek without a paddle springs to mind!

Thanks for the replies CCM & Andy It's at 2.30. Do i have to take all the stuff i have collected over the months in paperwork. Should i put a statement together of whats happened and why i am defending? Because tbh i am such a shy person i don't think the words will come out of me to defend myself when faced with it all and especially so in front of a judge. Can i take a friend or someone to speak for me? Need to calm down here, i'm imagining all sorts.