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  1. i hope someone can advise my best course of action to take here . briefly my wife used a car which is owned by me but she isn`t covered for insurance wise whilst out in the car she had to manoevere out of a parking space when she clipped another vehicle , foolishly she then drove away without leaving details . the next morning a traffic cop arrived at our home took a statement from my wife in which she readily admitted her guilt and she subsequently had to attend the local magistrates court and was fined and her licence endorsed . out of the blue i received a letter from northampton county court with a statement prepared by some solicitor claiming that i was the driver and that i had been driving along the road when i carlessly lost control of the car , veered across the road and collided with his clients vehicle , all this of course is completely untrue and absolute nonsence . there is a claim for £360.00 in repairs for the damaged car and £50 solicitors fee and a further £50 court costs . could someone please advise on my best course of action here , there is a letter / form attached with the paperwork for me to respond but im not very clued up with the legal system .
  2. I have received court papers from Northampton county court bulk centre. The claimant being lowell for an old catalogue debt, although im not sure. Account opened: July 2007 Last payment: August 2010 Date defaulted: Feb 2010 & July 2010 ? Original amount: £650 With costs and interest, the total is now over a thousand! Papers were issued on 27th Jan so I have acknowledged with the court and asked for an extra 14 days. I have used the template letters to ask for more information under a cpr 31.14 request, i think that this is correct from reading other threads. My main worry is that the information wont come back quickly enough to build a defence and respond. If anyone can please help, I would very much appreciate it.
  3. Hi all, I have been reading various CAG threads and have learnt lots in the past few days. Thank you to all the contributors and administrators for maintaining this invaluable web resource! I am looking for some help regarding next steps in relation to the above claim. Due to some issues personally, I haven't been quick to respond, but I have now ensured that this is my priority over the coming weeks and months. Thank you in advance for your time and energy. Name of Claimant: MKDP LLP Issue Date: 20 MAR 2014 Particulars of Claim: The Claimant claims the sum of 5xx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc. The Defendant's account number was 54xx xxxx xxxx xxxx and was assigned to the Claimant on xx/1x/2011, notice of this has been provided to the Defendant. T he Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of 5xx.xx and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. Action I have taken already: I have filed the AoS on the moneyclaim.gov.uk website today (07 April 2014), stating that, "I intend to defend all of this claim" Additional details: This is for a credit card account. I was forced to stop making payments at some point in 2009 due to losing my income because of the financial crisis. I started getting into difficulties towards the end of 2008 but continued making payments until the middle of 2009 before I ran out of savings. I am not sure of exact dates, but will go through my records shortly. The amount that is being claimed by MKDP is in the high 500s; with the court fee added, this becomes near £650. I do not recall receiving a Notice of Assignment, Default Notice (from the original creditor), or statutory Notice of Default Sums, but I am not 100% sure on this. In any case, any documents were not sent by registered post. I have not acknowledged or made any further payments since I stopped making payments to HSBC sometime in the middle of 2009. I am sorry that I cannot be more specific on dates, but this was a few years ago and the associated documents have been misplaced. However I can and do intend to dig them up ASAP. I know I have delayed responding to this claim; sorry. This was due to some personal issues. Going forward, I will ensure that dealing with this is my priority. I hope that I have enough time to file a proper defence. I would be grateful to receive advice on what I should do next. Thank you, KJ
  4. Hi all. I'm in a mess. I've been living in the US for almost 7 years now. Had debt in the UK when I left, young and careless. I have no plans to return to the UK as I'm a US citizen now and well settled here. I co-own a house in the UK with 3 siblings, the 4 of us own a quarter each. It's a family house we inherited and they have no interest in ever selling it. Obviously, my share is just a quarter, 25%. I have 3 separate debts, £2082, £8513 and £1182. The CCJs were entered on 14/02/14, 06/12/13 and 20/12/12 respectively. They have also applied for a charging order against the property I partially own. My questions are: Firstly, can I apply to have these CCJs set aside as I have been a permanent resident of the US for the past 7 years. I've only just become aware of these judgments after checking my credit report online. When I left the UK I did inform my financial institutions (Egg and HSBC) that I was moving to the US. Could they force the house to be sold, even though I only own a small share of the property? There is no mortgage on it. Two relatives live in the house that will not be moving for a very long time. I also believe that the two most recent CCJs must have been statute barred as at that point I'd been in the States over 6 & half years and have had no contact and made no payments since I've lived here. What is the best course of action. I've searched and searched and have not been able to find anyone in a similar situation, with a small share of an asset that has no hope of being sold anytime soon.
  5. ..and its dates 21st feb! so i have till friday to reply, and i dont have a clue what to do. can anyone help me here, please. sorry in advance if i have posted in wrong place, i thought this was most appropriate. i do dispute the claim it is for £950, and yes i signed the agreement for the credit for an item but returned the item and it was accepted back by the company, it was all done via post and once i returned the item i never heard back from the company till the debt collection agency got in touch and i told them what im saying here but it never got resolved, now i havnt heard anything for about 6-8 months if not longer till i got these today. im worried that by disputing it i will have to go to court? can i avoid getting a ccj? im soo worried! im not payin for something i dont have thanks in advance
  6. I have received court papers from Northampton county court bulk centre. The claimant being lowell for an old catalogue debt. Account opened: July 2007 Last payment: August 2010 Date defaulted: Feb 2010 & July 2010 ? Original amount: £650 With costs and interest, the total is now over a thousand! Papers were issued on 27th Jan so I have acknowledged with the court and asked for an extra 14 days. I have used the template letters to ask for more information under a cpr 31.14 request. My main worry is that the information wont come back quickly enough to build a defence and respond.
  7. Hi, I have received help from these forums in the past and am looking for help once more if possible. I have an old credit card debt (card was taken out in 2001/02 and I have not made any payments since early 2008 and have been in default since late 2008) with Lloyds. It has done the rounds with various DCA's until last month when I received a notice that Capquest had bought the debt. I received 2 letters from Capquest - both last month - I ignored at usual (I know - bury your head in the sand syndrome), but today, I received a Claim Form from Northampton CCBC which completely took me by surprise! The date of the claim is 25 Oct 2013 - the claimant is Capquest (Hampshire) and the address for sending documents is Optima Legal Services in Bradford. The particulars of the Claim: The Claimant's claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 whereby LLOYDS BANKING GROUP Original Creditor provided the defendant with a credit card. In return the defendant agreed to pay at least a minimum payment given in the statement. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assigned to the Claimant. The Claimant therefore claims the sum of 11,537.60 plus costs. The Claimant has complied with Sections III and IV of the Practice Direction on Pre-Action Conduct. The claim is for 11536.60 + Court fee of 190.00 + Solicitor's costs of 100.00 = 11827.60 Naturally I am very worried at this stage - I simply do not have the means to pay this (debt was run-up years ago, trying to save a failed business). I did send a CCA request to Lloyds a couple of years ago - but cannot find the proof of posting - so no use. What can I do now - if anything? I take it a CCA request to Capquest will not stop them? Do I enter a defence - is it worth it? If anyone can help at this stage, I would really appreciate it. Many thanks in advance.
  8. Hey everyone I hope i'm posting this in the right place as i'm new to the forum! Just a quick question really! I have recently payed off all of my debts (woohoo!) and I was wondering if anyone could shed any light on getting my CCJ removed. The judgement was made back in October 2010 and I have a letter off the debt collection company stating because I paid the debt off within one month of the date of judgement I can use this letter in support of my application to have the registration cancelled, but the problem is I have no idea of how to go about this. Can't seem to find any information on google either so any advice would be greatly appreciated! Thanks in advance for any help -Adam
  9. Hi, How do you go about getting help with your Council Tax (I work but earn very little)? My friend is on JobSeekers and automatically got help with his council tax, but I cannot go on JobSeekers as I am not looking for work. Can I go direct to the council? I know from reading other posts that different councils are different, but as I say, my friend also in Northampton gets his Council Tax paid so I know they do 'help' people. They say on their website they cap the benefit at 91.5% for people with less than 16,000 in savings. It makes no 'easy' reference for people on low incomes? There is a PDF which gives concise details about the whole scheme and Ive tried reading through it but got absolutely lost and confused. northampton.gov.uk/downloads/file/5844/northampton_borough_council_council_tax_reduction_scheme If somebody who is more experienced with reading this jargon could help Id be most appreciative. 1. Can I get help? 2. How Much would I get with £4000 savings? 2. How Much would I get with £9000 savings? (reason I ask is I have about 9000 but looking too buy a reasonable car in the new year). Cheers, R
  10. My brother has been issued a claim form from Northampton County Court for an o2 contract that he had. He got made redundant in 2011 and couldn't afford to pay it. Shortly afterwards he had to move house and stupidly didnt update any details. He has received this claim form dated 7th November. Does this mean that he is going to get a CCJ now no matter what or will he be able to settle out of court? I have no idea how these things work. TIA
  11. Hi All. Newbie here. Seems there are endless posts on what to do with one of these. I am confused by the references to POPLA.... should I make contact despite ignoring all previous "letters" prior to the Court Order. ------------- In its very simplistic view the following occurs? So I have the summons - I feel I should contest the Claim of the £165.( £100, £15 and £50 usual) I am going to have to pay it regardless (seems general feeling is this is the max cost if I lose) First thing to do is Complete the Acknowledgment to contest.... this then gives me 28 days. Correct?
  12. Hi, I have recived a claim form today from northampton county court for lowell for a old vanquis credit card. says the debt was purchased/assigned to lowell 30/08/2012. Can anyone offer any advice onwhat to do with this, should i pay it or offer instalments as i can not afford it at the moment as money is very tight. I feel i would like to defend it but do not know under what grounds nor do i understand all the legal talk on what to write. Obviously lowell can legally ask for this money but i find them such a horrible company. The amount is £550.80 Should i acknowledge the claim form in the meantime whilst i caan get some advice. Any help greatly appreciated. Thank you Lisa
  13. Hi All, I'm looking for some urgent help - sorry to join the forum and jump on and cry out for help! I had a credit card account approximatley 8 years ago with MBNA - I spent a lot on it whilst unemployed and to keep my home, I kept up reasonably well with the payments until I was contacted 4 years ago by a company called Beneficial claims who said they could review my account to see if I had any PPI or if the agreement was unenforcable - they advised me not to continue paying MBNA as it was indeed unenforcable due to the credit agreement they had with me. At the time when I was struggling this sounded like the fairy godmother had arrived. Time went on without paying MBNA and they stopped bothering me - There are no defaults from them on my credit reference. The company that was supposedly dealing with my account dissapeared and I could not get hold of them. I then Started receiving letters from Hillsden Securities 2 years ago saying they now owned this debt and I should contact them to set up an agreement - I didnt. Time passed and I ignored all calls and then had a statement from them - not requesting payment but the debt being just over £10,000 I had further statements but no request for payments. I have now received a letter from Aplin Solicitors requesting full payment in 14 days or they are going to place a charging order on my house and take me to court - Northampton. I have no idea what to do i'm so stressed its making me ill - I am due to get married in less than 3 months and if I tell my fiancee about this she will be shattered I just dont know what to do. Please can anyone help - should I ring DLC / Hillsden and ask if i can make small payments?? Help please Here's the letter - which I need to respond to within the next two days:
  14. A friend called the other day asking for advice re. an old debt which has come back to haunt him - I'm not sure, so wanted to ask here for any advice. He has received an N1 claim form from Northampton County Court. Date of Service is 2x July 2013 The claim is for just over £4,000 and is for 2 outstanding invoices. The POC state: "The debt relates to non-payment of the following invoices. Please note that these invoices are inclusive of VAT and the oldest one (dated xx August 2007) has been paid in part. Invoice Number: xxx Invoice Date: xx.08.07 Due Date: xx.09.07 Outstanding: 21xx days Invoice Total: £82x.xx Interest Due: £38x.xx Invoice Number: xxx Invoice Date: xx.12.07 Due Date: xx.01.08 Outstanding: 20xx days Invoice Total: £1,7xx.xx Interest Due: £78x.xx Despite numerous requests by the claimant, the Defendant has failed to settle the invoices. Further, the claimant claims interest persuant to s69 of the County Courts Act1984 at a rate of 8% per annum, from the date each invoice fell due up to and including xxJuly 2013 of £1,1xx.xx and also interest at the same rate up to the date ofJudgement or earlier payment at a daily rate of £0.5x. Further again, the Claimant has also claimed for the cost of instructing a tracing agent to trace the Defendant, who lefthis previous address owing the Claimant for these invoices without notification of his move or re-directing his mail. Outstanding invoice total: £2,5xx.xx Interest to date: £ 1,1xx.xx Tracing agents fees: £1xx.xx " On top of that, the front page of the claim form states an added amount of: 1/ £120 court fee 2/ £80 Solicitor's costs He doesn't dispute the 2 outstanding amounts for work done (architect/planner), but cannot afford the amount which is now being claimed. Can anybody advise on the best way to settle the claim in the fairest but affordable way, and the steps needed to put that agreement in place before time runs out? Thanks.
  15. Hi, I hope someone can help me - I'm desperate and time is against me. I have tried to search the forum for what I do first, but being in a panic my head has got very muddled & I'm praying someone will hold my hand. I have received a Northampton County Court Claim Form from Blake Lapthorn on behalf of Arrow Global. This is for an MBNA credit card. The issue date is 16th January 2013. The particulars of claim read: The Claimants claim is for the sum of £4320.25 being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and MBNA and assigned to the Claimant. Notice of the assignment has been provided to the Defendant. The defendant has failed to make payment in accordance with the terms of agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. AND the Claimant claims the sum of £4260.57 TOGETHER with the costs of this claim. They are also requesting £85.00 court fee and £80.00 solicitors costs I do have a debt to MBNA, and I haven't paid anything for probably eight months. I knew there were large amounts of charges in this debt - perhaps £800.00 or so, and had sent a letter to MBNA asking that they returned these monies. I heard nothing, and hoped this might go away until I was back on my feet financially. I'm self-employed. I do have some records from MBNA because I have statements that I requested and the original credit agreement, I think. but I don't seem to have a copy of an assignment of any sort. I just don't know how to proceed, but know I must do something quickly. I hope someone might be kind enough to give me advice and help. Thank you so much if you feel you might be able to guide me.
  16. Hi Guys. Due to persdonal issues i have been battling debt issues for some time. Through the CCCS i worked out i had around £39k worth of unsecured debt. My case has been on going with the CCCS, but because of long bouts of severe illness its dragged out a bit. I told all my creditors in writing of this. I was contacted by a company called IDR finance in regards to a debt with MBNA. At the time i think i owed them £3016. IDR had already started taking legal proceedings against me for this debt. I received a claim form from the courts, to which i responded to the court explaining my situation, explaining my total debt, and that i had an a surplus income of £3 a month. I also said my case was with the CCCS who was helping me with my situation. I also said that a family friend had offered to give me money for a full and final settlement, and that was to be shared proportionally to all my creditors, and i could offer £100. I did this online through moneyclaim.gov.uk Since then i heard nothing from the court, until 2 days ago, since then i have been in a panic. The letter states i had not replied to the claim form and that on 16/11/2012 a CCJ had been placed against me and that i was owing £3218.95 to IDR to be paid in full. If i didn't pay my posessions could be taken. What do I do?
  17. Hi, I wonder if I could get some advice, please... Having sent Bryan Carter a CCA request, last week I received a reply from Capital One telling me that they weren't going to deal with it because my signature didn't match their records (I had printed my name). On Monday, just as I was looking up the most appropriate response on other threads here, a Claim Form plopped through the door! For those who need this info, the particulars of Claim are: The claimants claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly instalments under agreement number xxxxxxxxxxx but has failed to do so. And the claimant claims the sum of £XXX.XX The claimant also claims interest therefore pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £XX.XX Now, up to this point, I've been OK but as this has the potential for me to severely cock things up if I go even a little wrong, I seriously need some advice! I am pretty sure I never signed an agreement. I can't be certain but I think I filled in a postal application and then the card came in the post. I'm also unable to be exact on the date but think it was before 2000. My question, obviously, what should I do now?
  18. I recieved a claim form from northampton county court on 26 april 2013 I went online and acknowledged as i only had a certain amount of time and didnt want to ignore it. Now im stuck what to do. Its from 2009 i vaugley remeber having a mobile contract but sure i was in dispte with three over the bill and not able to get uch of a signal but cant really remeber to be honest. now i have this and am not sure what to do. This is what it says: By agreement in writing three mobile (the assigner) agreed to provide telephone services to the defendant in respect of telephone number ************ commencing on 31/03/2009. handset tariff 20 texter. as payments were not maintained as required the assignor issued a notice of default on 31/03/2009 and the contract was subsequently terminated. the last payment received from the defendant was 0212/2009 by agreement in writing dated 1506/2012 the assignor assigned the debt to the claimant. And the claiment claims 1. the sum of 331.34 2. interest pursuant to S69 of county court act 1984 namely 22.73. Can any one offer any advise. I would be very grateful Thank you
  19. Hello Folks, I engage a solicitor for a service and i have an outstanding payment. As at 17/06/2011, the outstanding fee is £1031.65. i have made a number of payment but the lawyer felt i can afford more than what i was paying which i cannot. This is the particulars of the claim; 1) ...Outstanding payment was £1031.65. (2) Payments by the defendant since then have been made on 15/07/11(#100), 02/12/11(#100), 23/03/12(#100), 15/06/12(#100), 06/02/13 (#40) and 22/03/13(#40). Claimant began charging interestfrom 17/06/11. (3) Attempts to resolve this without action have failed. (4) The defendant claims to only be able to pay #40 per month, but no attempts have been made by him to set up a payment agreement. (5) The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 17/06/2011 to 11/04/2013 on £541.65 and also interest at the same rate up to date of judgement or earlier payment at a daily rate of #0.12 He is claiming #655.633 plus court fee of #60. Additional info: I did sign agreement for the 8% interest but i dont understand the daily rate. Secondly, the lawyer wrote me ealier that i am owing over 800. Is the total claim right? Please advice!
  20. hi on Tuesday i received a claim form from northampton county court i received another exactly the same on Wednesday they are dated for the 15th mar 13 the particulars of the claim are; By a credit agreement in writing between CFS Ltd t/a Barclays Partner finance (BPF) &the Defendant dated 20/12/2007 ("the Agreement") BPF agreed to loan the Defendant monies under the terms & conditions set out therein. The Agreement is regulated by the consumer credit act 1974. In breach of the agreement the defendent did not pay the instalments as they fell due. BPF served a default notice on the defendant stating the sum due & requiring the defendant to pay the same. the defendant filed to pay & the agreement was terminated. the agreement was assigned to the claimant on 20/12/2012. the claimant has complied with sections III & IV of practice direction - pre-action conduct THE CLAIMANT THEREFORE CLAIMS; 1. 712.34 2. interest pursuant to section 39 of the county courts act 1984, namely 59.94 & continuing until judgement or sooner payment at the rate of 0.16. the claimant is Mortimer Clarke solicitors i am not sure what to do now i want to defend it because i think this credit agreement was with my dad and not me he had the same name as me, he passed away in 2009 but i have had credit so i am tot entirely sure of this ether can someone please give me some advice and a template to defend myself thanks
  21. Received a summons from Northampton ccbc in December 2012 regarding an outstanding overdraft debt from 2008 the claimant is 1st credit and their solictor is moon beavers. I registered online with MCOL and acknowledge service in the required time I then submitted my defence(embarrased) to defend in full. i sent a dsar to the original creditor (halifax) and a cpr 31:14 and a cca to moon beavers and 1st credit all went recorded delivery, proof of signitures printed from the royal mail web site and the £10 postal order has not been cashed yet . To date i havent received any documentation from the Halifax or 1st credit. I received a letter from moon beavers which said notice to transfer solicitor and then last week i had a letter from 1st credit stating they were going to apply for a summary judgement based on my defence .I contacted the halifax yesterday to find out why they havent sent any documents they kept me on hold for 10 mins and transfered me to 1st credit i hung up. I have checked my online status with MCOL and shows my defence as the last document submitted. My question is can i go for a strike out based on the fact it is now well over 33 days since i submitted my defence and that they have not complied with my request for documentation under cpr 31:14 and if yes how do i go about it. thanks in advance Wae80
  22. Hi I have received a Claim Form from Northampton county court regarding an overdraft of less than £3000, the account HSBC have closed. I have sent a letter to DG solicitors asking for CPR request last friday 20/7/2012 aslo I acknowledged AOS on time I phoned the court and they have received. But I could not postpone defence. The court says when I acknowledged I postponed to 30/7/2012. I do not think I will get reply from DG solicitors on time for court so I think I should better put in defence which would be for the enormous amount of charges put on the account in the last 10 to 15 years for which I am pretty sure are unlowful. I don't know how to write defence or what should I do.
  23. In August 2005 I had a loan arranged for me by a double-glazing firm to pay for a new door for my house. The loan was with Welcome Finance and was for £1,318 plus £253.30 PPI plus £75 "acceptance fee" so a total of £1,592.30. My last payment was July 2007 and I haven't heard anything from Welcome since the end of 2008 when I sent them a SAR - which if memory serves they didn't respond to. Yesterday out of the blue I got a Claim Form from Northampton County Court from Welcome and Hegarty LLP asking for £3,434.41 which includes £85 court fee and £80 solicitors fee. The form says my balance is £2,394.14 plus £875.27 interest. There's no statement of charges or fees attached or any paper work at all for that matter other than the court papers. I'm looking for advice on how to proceed. I'm self employed and have been for over 10 years so I'm fairly sure I was never eligible for PPI in the first place and I've no idea how they've got a figure of £2,394 for my balance. Should I send in another SAR and how should I respond to the claim form?
  24. Hi friends, i have received a claim re: Arrow global for an old MBNA credit card debt which (i believe is unenforceable), does anyone have any recent info as regards their tactics?. A defence has been filed and we are at the AQ having been issued stage. The solicitor has just been changed to Arrows in house dept. Thx in advance CCM
  25. Good evening all I am currently helping a friend who had a CCJ judgement by default at Northampton CC for unpaid solicitor’s fees on 30 July 2012. It has now come to a point where the solicitors have made an application to the courts for a charging order against her home. The original hearing was on 3 October but was adjourned to 28 November. I am strongly in belief that my friend has very good reasons for asking the original CCJ judgement to be set aside for the reasons set out below. For the purposes of this thread my friend will be X and the solicitor’s Y. Timeline 3J une 2005 X receives a bill totalling £3,435.55 inc VAT for services provided by Y in relation to a divorce settlement. June 2005 to 29 June 2011 X got into serious financial difficulty and set up a DMP through the Consumer Credit Counselling Service (CCCS).The DMP had been in place for 6 years .Monthly payments were made to Y based on what X could afford each year and therefore varied for one year to the next. Only one monthly payment was missed in 6 years. 29 June 2011 X received a lump sum payment as part of the divorce settlement agreed by the courts. Originally the settlement amount was secured by a charging order against X ex-husbands property. This was 10% of the value of the property when sold. July to October 2011 X made several attempts by letter and phone to pay the outstanding balance to Y in full. Y never got back to X. 26 April 2012 Letter from Y to X. In brief · Outlining to X the outstanding bill of 3 June 2005, acknowledging the payments already made · Y had a sign authority and undertaking from X dated 12 Feb 2007 under which X had agreed to repay in full Y outstanding costs when the ex-husbands property was sold. To date this property has not sold · Confirmation that X had tried to arrange to pay the full balance from July to October 2011 when the lump sum payment was received · Y made proposals to settle the matter, which included - For an informal charge to be placed on X home address - Waive all interest from 2005 to Mar 2012 - Discharge all the costs of preparations of charge forms & dealing with HM Land registry - Would not legally enforce the informal charging order - Y gave X 21 days to agree to this. 26 Apr to 13 June 2012 X made no attempt to contact Y about their letter of 26 April 2012. 13 June 2012 Particulars of claim submitted by Y to the courts. 21 June 2012 X mum had a serious heart attack. 22 June 2012 Notice of issue served by Northampton Court to X. X had to the 6 July 2012 to reply. 2 July 2012 Acknowledgement of service sent to Y by X, but only partially filled in by X. X had to put in a defence to Northampton Court by 6 July 2012. 30 July 2012 Judgement for claimant in favour of Y in default as X had submitted an incomplete defence. 3 Aug 2012 Application for charging order on land or property in relation to the CCJ of 30 July 2012 madeby Y. 13 Aug 2012 Y submitted additional information in support of the application by Y for a charging order. Application order to be heard on 3 Oct 2012 28 Aug 2012 Letter from X to Y confirming receipt of all paperwork from Y over the past few months. 10 Sept 2012 Defence response to claim by Y. Witness statement of X signed on this date. X did not realise that this was supposed to go to Northampton Court for 6 July 2012. 24 Sept 2012 Reply on behalf of Y to the witness statement of X. 3 Oct 2012 Interim charging order hearing adjourned. Briefreason for set aside request Mum suffered a serious heart attack on 21 June 2012. Response pack received and partially filled in by X and sent to Y. Acknowledgement of service not dated BUT envelope and contents received by Y on 2 July 2012. Y sent out a reply on 3 July 2012 advising that the original Acknowledgment of Service had not been fully completed and possible steps that can be taken. X received this on 4 July2012 and had to submit it to Northampton Court by 6 July 2012. X mind was not in the right place as a result of her mum’s heart attack and would have filed a proper defence if this additional stress was not present. Questions 1. If X applied for a set aside request, based on the facts provided, what is the chance of her achieving this? 2. What is the procedure for requesting a set aside order? Any advice would be greatly received.
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