I did both on the same N244 as the original hearing was for the FCO but as I made the application for a set aside that should be dealt first. Can you help me as to what should be the defence I was thinking of requesting for the cliam be struck out/void due to procedural error based on the below: Besides wishing to take an opinion on the agreement, the Defendant will want to know whether to plead the default notice was ineffective, whether the Claimant's claim to have a right to sue as assignee of the debt is valid. If the agreement is unenforceable, the default notice is defective or the assignment is invalid, any one of these features will operate as a complete defence to the alleged liability. Something along those line

The hearing was not to set aside it was for the final charging order by Mortimer Clarke, so I send the N244 to set aside the hearing and to be transferred. Just confirmed with the court they will be transferring the hearing locally and it will be a Set aside hearing and the charging order hearing. If the set aside is not successful the judge could grant the Final charging order. Please help me file the solid defence, and could I struck out this claim if they cannot prove they legally own this. Shall I ask for deed of assignment/N ovation etc . After reading forum I have sent them the above request.

No we did not acknowledged service, she was not in the country to sign court papers hence I had to apply for LPA. I still have not heard anything from the court about transfer of hearing which is in King's Lynn on Monday. I will not be able to attend that. Have already send them the N244 but it takes them 10 days to process post. What shall I do?

Hi Andy, As this is for mother and she is now living abroad due to her ill health, I wanted to defend but was advised by the court that I need a Power of Attorney. So it took me some time to get the power made and sent for registration. This is not the only CCJ there are couple more so I thought it would be better to fight all of them. Do you think the judgement could be set aside so I can get a chance to defend.

At present I have only send this to Mortimer Clarke Solicitors as I do not want to have any communication with them until they prove this is a valid debt. After reading the forum I understand that if the legal proceeding is issued than to make a CPR request is best please advise what to do completely lost. REQUEST FOR INFORMATION I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with EGG c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. i. Copies of statements for the entire duration of the credit agreement. 3. Any other documents you seek to rely on in court. I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Hi Guys, Firstly I would like to thank all the contributors as the forum is really useful, I was panicking until I came to CAG last night. I am helping this for my Mum who is being a victim of these DCA as she being chased for same account by several DCA. She has no income just a mortgaged property with 2 charging orders from 2010(default judgement) which after reading this forum I would apply to set aside late but first thing first. The CCJ was issued on 20-02-14 for 23,070 including cost interest and fees. The interim charging order was issued on 25-April-2014 with interest being charged at 8% p.a I got delayed because I was in the process of getting a LPA from my mother to deal with these DCA myself. I have already sent the N244 application and requested the court to transfer thsi to my local court hearing is on the 02-06-14 and have been told that they will put this to the judge so he could decide. I need urgent help with the defence and dont know what will be best as my mother does not recognise the debt the agreement date is 05.03.2007. This coudl be Statuary Barred and/or unenforcable my mother is sure she never signed any agreement physically.