Backdoor CCJ Arrows/Copes - Old A+L Loan poss SB'd - set aside - *** WON ***

[surfaceagentx20]

DO I need to write to the court to inform them that I have written the CCA and Status Barred letter requesting for information and to let them know that to date I have not receive any replies from them?

 

Nope

 

x20

[surfaceagentx20]

Question: do i need to sent the CPR letter too to copes/transcom/lowell? been reading thread and saw this CPR and thought it might be important to write.

No replies from copes/transcom (agent for arrowglobal) from the cca/status barred letter sent (will be 12 working days end Sept 9/10) and they have defauted (BUT how do i know if they have received my letters?) and now wait for another 30 days?

 

Nein

 

x20

[bobneedhelp]

x20 and CAG

thanks for the replies - posted the N244 letter ..is there anything missing which ought to be there?

[surfaceagentx20]

Left Box Answer 4 shold be left blank

 

Part C: Is there an application for a charging order in relation to this particular CCJ? If not, remove references to 'steps being taken to secure judgment on my home.'

 

I have not seen the Particulars of Claim in this case. The application notice appears to be word for word identical to the one I prepared for you a few weeks or so ago. Earlier I suggested you adapt the application notice I had prepared to suit. I had not intended that you should repeat what applies to the peculiar facts of one case to another which would most likely be quite different in terms of say date of agreement, of termination or amount claimed. Do not lift particulars peculiar to one case and suppose those particulars will suit another.

 

Does the Claim Form contain a claim for interest precisely as you have mentioned in your application? Do the Particulars of Claim neglect the details you say are missing?

 

Double check that what appears in Part C correlates properly with the particular claim and CCJ you are seeking to set aside.

 

Any doubts about this, post the relevant Particulars of Claim.

 

Also, there's a court fee of £75.00.

 

x20

[bobneedhelp]

x 20 Thanks and yes I have not change very much because I really really do not know what to put in Part C

- I am sorry!

 

I think I need to PM you with the actual Case Detail that was sent to me by Northampton CCBC.

Also I PM you with the letter from copes.

You can advice me whether the N244 needs changing and then if necessary i will post on thread for others to see too.

I hope it is alright for me to do that.

 

All I have been able to do is to read a lot of threads from here and there (it's useful to know but end up none the wise at this stage.

 

My mind is like pouring in loads of information's and nothing much gets stored and it is very frustrating and stressful within the process but i know that I need to read and learn .

.so I will have to bear with this and reassure myself that whatever happens ..

.I need to see this through and keep strong again for myself and my 2 children.

And I truly thank everyone for all your time, help, support and guidance.

 

eyes shutting ... so i am going to have some sleep ..back soon ..

 

I have not heard anything from dca these few days

- now i need to find out whether the postal order has been banked.

Can I call post office and ask?

 

The 12 working days for the CCA is due tomorrow by my counting

- they have Defaulted!

What does this mean?

 

Also, I read the dca have another 30 days (continuous and not working days) to produce the information's requested.

 

What happens if they do not produce the papers?

 

Can I mentioned this at the hearing?

[saintly_1]

The 30 days no longer applies ........ once the 12 days is up then they are in default

[surfaceagentx20]

I have adjusted Part C of your application. In fact I've made a re-vamp of it.

 

Part C looks like this:

 

I wish to rely on the following evidence in support of this application:

I am the Defendant in this case.

 

I recently received a notice through the post concerning another case against me saying that a County Court Judgement had been registered and that steps were being taken to secure judgment on my home. I am not familiar with legal procedure in England and did not know what to do until I took some advice. This application has been prepared by someone who was able to give me advice about what I should do.

 

I was advised in the other case that I may have some important papers concerning that other case at home and which I should search for. In the course of a search I found a document refering to the judgment against me in this case. I had not been aware that proceedings in this case had started until I opened the envelope and found what appears to be the judgment. In my search I have been unable to locate a Claim Form in relation to this case.

 

The judgment includes some scant particulars about the claim. By the particulars the Claimant claims to be entitled to the sum of £9869.13 as assignee of a debt representing a balance owing under an unidentified loan agreement regulated under The Consumer Credit Act 1974. The assignment of the debt to the Claimant appears to have taken place after termination of it and that in the course of the agreement and on a date not specified, a default notice was allegdly delivered to me by the assignor.

 

Unhelpfully the Particulars contain no information in the way of dates or other useful information by which I might identify the agreement in question. I can not recall and therefore deny having ever entered into an agreement with the Claimant's assignor, alternatively, that if I did enter into such an agreement, I entered into it so long ago that any breach or any last payment I may have made in respect to that agreement was made not less than 6 years prior to the date on which the proceedings commenced, in consequence whereof this claim was barred by reason of the provisions of section 5 Limitation Act 1980.

 

Without better particulars regarding the agreement the subject of this case I am unable to say with confidence that I was served with a default notice in relation to the agreeent the subject of this case. I do not admit that I was served with a default notice and suspect that if I was so served it was a very long time ago. Included within the debt now sued for are unidentified charges.

 

For the reasons set out above I believe that if the judgement against me was set aside that I would have a real and substantial prospect of successfully defending the entire claim.

 

I regret that I did not deal with the judgment when it arrived. I did not open the envelope and I did not know the envelop it came in would contain the judgment. I believe I was not served with the Claim Form and a thorough search of my home has not revealed it. I seek to be excused for my failure to open the letter containing the judgment. I believe I have dealt with this matter promptly so soon after learning of the judgement and after taking advice.

 

In the circumstances I seek an order directing that the judgement in this case be set aside, that I be given permission to defend this case and that there be all such further or other consequential directions as necessary.

 

Statement of Truth

 

Signed and Dated

 

Please check it over and if you are OK with things, feel free to submit it with your application to set aside.

 

x20

[bobneedhelp]

x20, I have read and will complete the N244, get it out today. If I hear anything from dca, i will post here or Pm for attention. Many THANKS once again for helping me through this steep learning curve.

 

3 copies to be sent right? i forgot ...this time i have to sent them instead

 

saintly1 ..ohh it's 12 days ..what happened to the 30 days? new ruling?? where?

[surfaceagentx20]

The offence provisions were repealed by Regulation 30, The Consumer Protection from Unfair Trading Regulations 2008, coming into effect 26 May 2008.

 

x20

[bobneedhelp]

x 20

ok thanks for referring to Regulation 30 asked question earlier ..sent 3 copies? right .

[postggj]

hi bob

 

we are learning all the time, thanks to cag

 

knowledge is power

 

keep fighting

 

at least we know where we all stand and can close chapters in our life

[bobneedhelp]

postggj

thanks for coming back, helping and encouraging .

..I and many others newbies need all the help to see through this steep learning curve.

.and YES, CAG has enabled transformation and change in learning

....empowerment ...in getting me back on my feet to fight this in the open ...

 

tried reading regulation 30 ..

.nothing sunk in for me ..

.wow!

there is a lot of reading and I find it hard, sorry!

 

Do I sent 3 copies of the N244 to the court? Advise please

 

Hello x 20

and do i need to send a covering letter? if so what do I write in the cover letter? PLEASE HELP.

 

Received a letter from another dca (lowell financial/barclaycard) - this is different from the ccj. letter dated 5/9, arrived this morning 11/9 states:

Quote

Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer credit Act I can confirm our client has requested that your credit agreement be retrieved from archive.

 

Once your agreement is retrieve you will be required to repay the outstanding balance in full.

If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court cost and interest.

 

In an attempt to resolve this matter in an amicable way I would like to offer you a settlement to bring the matter to a close.

 

As long as payment is with us by 10/9 I am willing to accept xxxxx as full and final settlement on your account.

If payment is not received within the time we reserve the right to proceed to collect the full balance.

 

If you want to take the offer and bring the matter to a close then please call the number below

printed signature and printed name only.

 

What do I do with this and how do I reply them .

.I have sent this dca the CCA and Status Barred and they have defaulted because they have not replied and it is well over the 12 + 2 days period.

 

This dca have also sent me a previous letter offering to reduce payment to settle and this recent letter offer is even more reduced payment offer??/

 

ADVICE Please anyone on this ...

[saintly_1]

Received a letter from another dca (lowell financial/barclaycard) - this is different from the ccj. letter dated 5/9, arrived this morning 11/9 states:

 

What do I do with this and how do I reply them ..I have sent this dca the CCA and Status Barred and they have defaulted because they have not replied and it is well over the 12 + 2 days period. This dca have also sent me a previous letter offering to reduce payment to settle and this recent letter offer is even more reduced payment offer??/

 

ADVICE Please anyone on this ...

You dont need to reply to this

[bobneedhelp]

 

Saintly 1, thank you for advising and will not reply

- do i just wait until they take me to court later?

UNSURE ...

 

I am going to sent the N244 out today

- 3 copies enclosed for the Court Manager's attention @ CCBC.

 

Finger's crossed that my set aside will be granted.

 

Phew!!!.... another huge step forward

 

THANKS AGAIN n AGAIN to Surfaceagentx20 for taking time to re-vamp/rewrite y Part C. Sending it First Class.

[postggj]

hi bob

 

good luck on the set asside

 

ime glad surfacegent filled in the missing pieces

its most important with court that you have covered ever thing

[bobneedhelp]

hello postggj,

yes and I could not have done it at this stage in the completion of the forms ..because, well, I just cannot ..my mind has not been able to pick what is important, relevant information ..in due course, hopefully i will be able to. Anyway, thanks very much to you for being here at the beginning supporting me and starting me off ... and here on a regular basis continuing to give me further encouragement. I need it and yes, good luck to me this weekend I can continue to learn to relax more and will keep my chip up too ...one day at a time.

[bobneedhelp]

x 20 ..hello ...help!! bump!

 

I received a letter from cope's over the weekend (returned postal order i sent to them with the CCA letter). The letter content is:

 

" please note that at this stage we are not obliged to provide any copy of documentation as we already have obtained default judgement. should you require any further information on this matter please do not hesitate to contact us on the number provided above.

printed name unsigned.

 

Question: Is it correct that I do not call them - which really do not want to call them. NOW, WHAT do I do now that they have sent back the postal order? PLEASE advise what I should do?

 

What does this mean now - I am really confused! and worried about this ....

 

Last Friday, I have posted the N244 to apply for the judgement to be set aside. I will wait until Monday or Tuesday to call the court if they have received my application. Question: Will the court write to me and let me know whether my N244 application is accepted?

 

In the meantime, what do you suggest I need to do??????

 

PLEASE HELP ... BUMP!!

[surfaceagentx20]

You need do nothing, but please do try to stop worrying. Your request for a copy of the agreement has been refused because 'at this stage', the creditor has a judgment against you. That is a lawful albeit unhelpful reason for declining your request. You might want to let the Judge know the credtior decided to be unhelpful in dealing with yuor request at the hearing of your application (got a date for it yet?)

 

x20

[tinkerbell20]

I would be inclined to SAR the Original Creditor for ALL information the hold on you including a copy of original signed agreement. Send it Special Delivery & they have 40 days to respond

[bobneedhelp]

x20

Sorry it's just me panicking and not knowing what to do. I sent the N244 Friday (recorded delivery) and should arrive tomorrow (Monday). I will contact the court to check if they received my application first and then see if they will accept my application and set me a date.

 

Will update you when I contacted them.

 

Do i need to S.A.R. copes as tinkerbell20 has suggested? x 20? or wait for court to decide a date for my hearing?

 

nothing came in post today by dca's ...and northampton has not received my N244. Will continue checking ...

[postggj]

hi bob

 

please , do as x20 says, take a long hard drink and contemplate, relax

 

these thing have to be done in a certain way, dont try and jump the gun.

 

when i first joined the forum, i was the same as you, worried etc.

i to had no knowledge of the legal system and was at my whitts end.

i was for ever posting and things started to get confused.

 

be assured , we have all been there and soon you will be advising new caggers, relying on the experience gained by this ordeal

 

please be patient

 

you will get there in the end

[bobneedhelp]

postggj

I know you are right and I am biting my tongue. Lots of flashes and thoughts come through my mind and I guess I just got worried and confused myself as you stated.

This new experience and action has done me good ...now I am dealing with it.

So thanks again for reminding ...and reassuring ...

 

x20,

Today I received e-mail confirmation that CCBC have received my N244 Application. the e-mail says that:

I can confirm that your N244 application has been received and our system notes state that your application to set Judgment aside is currently in progress.

 

So do I just wait until they write to me or do I need to call them to find out about the progress.

 

 

Quote

You might want to let the Judge know the creditor decided to be unhelpful in dealing with your request at the hearing of your application (got a date for it yet?)

 

Since it is legal for them not to supply information since the dca have a default judgement, do I need to write to the dca again after I receive a date from the court?

 

Question: When do I need to let the judge know of the above? I have not got a date yet since the court have only received it Monday (yesterday). Also, do I need to resend them the CCA/Status Barred Letter to the dca?

 

Nothing from the court today..about my application to set aside ccj

[tinkerbell20]

x20,

Today I received e-mail confirmation that CCBC have received my N244 Application. the e-mail says that:

I can confirm that your N244 application has been received and our system notes state that your application to set Judgment aside is currently in progress.

 

So do I just wait until they write to me or do I need to call them to find out about the progress.

 

 

 

 

Since it is legal for them not to supply information since the dca have a default judgement, do I need to write to the dca again after I receive a date from the court?

 

Question: When do I need to let the judge know of the above? I have not got a date yet since the court have only received it Monday (yesterday). Also, do I need to resend them the CCA/Status Barred Letter to the dca?

 

 

As I advised earlier in the Thread send them A Subject Access Request requesting all your documentation. They have to comply CCJ or no CCj albeit they have 40 days to do it in

[bobneedhelp]

postggj,

I do not drink, well, I cannot drink ....and still I am getting all dizzy ...and tired ...stay calm and focus ...I remind myself ...but hands does shake ....hmmmn ...

 

ok thanks very much Tinkerbell20 ....not undermining you but does anyone feel the same as Tinkerbell20 .... I am getting confused and unsure of what to do ...If I S.A.R. then who do I write this to and what do I write in this S.A.R. letter? the Claimant -Arrow or their solicitor's Cope? from the letters the allege debt was bought by Arrows from some bank or credit card company ..and I am not sure when ....

 

x20 suggested that I need do nothing until I hear from the Court for a date for hearing ....and now Tinkerbell .. a S.A.R. letter ...is there any harm writing this letter and do I have to pay any money for this S.A.R. letter?

 

Bump!

[OLIVE.FAMILY]

Hey there Bb. Long time no speak (he he )

Ok an SAR will cost £10. You sen it to the origional creditor. That will be the credit card compnay. It wont do any harm at all sending this. You will get ALL the statements over the last 6 years. You will need to go through then 1 by 1 and find all the charges. You will find a template letter in the templates

 

You will have to wait 40 days for a reply though. I am afraid that is the worst thing about all of this you have to wait for the post man a lot. At least its for things you have asked for though.

 

olives xx