Using new Bank charge legislation to set asside CCJ

[Peterbard]

My son in law hit me with a bomb shell this morning.

 

He has just recieved a ballifs order of execution to recover a debt to Barclays Bank for £2000.

 

He had burried his head in the sand and ignored the previous correspondence and a CCj had been obtained by them.

 

After a suitable wrist slaping for letting things get so far out of hand, I had a look at his paperwork,it turns out that the bank has charged him over £2500 in penalaties and charges ofer the last 3 years.

 

Can i use this as a reason to have the judgment set asside, under the new legislation and then use the time gained to issue a claim for a refund.

I rang the bank with him and the just said that they didn't want to know and it was in the hands of the court.

[Guest Zooman]

What you would have to do is this. Apply to set aside if granted then when the claim is reserved counter sue for £2,500 phone the bailiff at the courts and explaining that you are going to apply to set aside and on the application you are also going to apply to have the warrant suspended.

[Guest Zooman]

So here is what you need to do in some order.

 

1. Phone court bailiff (they are nothing like the private firms and should be helpful) explaining what you are doing.

 

2. Write to the solicitors asking for their consent for the judgement to be set aside as he was unaware of the proceedings and he whats to file a defence and counterclaim.

 

3. Wait for their reply then make the application to court. Depending what they come back with will depend on what is said in the application.

 

Set asides can be costly and you should always ask for consent first. If refused at least you can produce this letter at costs.

[dave]

under the new legislation

 

Which legislation do you mean?

[Guest Zooman]

Which legislation do you mean?

don't be mean

[Peterbard]

Thanks for the advice Ashley greatly appreciated.

 

Dave I think I meant the OFT's direction of 5 April 2006 I am not a solicitor(you may have guessed).

Kind regards Peter

[dave]

Ahh - fair enough.

 

I honestly thought that something had gone through and I didn't know about it!!

 

I couldn't possibly have that, now could I? ;-)

[Guest Zooman]

lol