Honda Finance

[cheekone]

can you get a court to set aside its decision in , after admiting to money you don't owe ?

[Guest Jason King]

Logically, I'd say yes.

 

Consider this, imagine an elderly person with dementia admitting to a debt they never owed that has only now been discovered by one of the family.

 

In other words, there would have to be a compelling reason.

 

Or the answer is no, which would then provide more fuel for the notion that the law is an ass.

[cheekone]

thanks

 

so not understanding court terminoligy ?

[cheekone]

been asked by a judge to file a stament and serve on claiment , as they failed to appear at a set aside hearing.

 

anyone know how i do this

cheekone

[AndyOrch]

In what capacity Cheekone as the Defendant or the Claimant or who made the set a side?

 

Regards

 

Andy

[cheekone]

hi Andy i made the request for the setaside as defendant , and the claiment failed to show at the hearing , and the judge gave me 14 days to enter a a statment , withine 14 days.

At the original hearing i admited owing the money but this was due to my mental health

 

regards cheekone

[The Mould]

hi Andy i made the request for the setaside as defendant , and the claiment failed to show at the hearing , and the judge gave me 14 days to enter a a statment , withine 14 days.

At the original hearing i admited owing the money but this was due to my mental health

 

regards cheekone

 

Good afternoon Cheekone

 

What were the grounds for making your set aside application?

 

Did you fill out box/para 10 on page two of the Application notice (N244)?

 

Do you have any documents/exhibits that you can rely upon in support of said application?

 

It would be most helpful if you are able and willing to post up some further information on this matter, that way we shall have a greater understanding of your position in these proceedings.

 

Kind Regards

 

The Mould

[AndyOrch]

As the Mould states Cheekone

 

Would need a little more background.Normally if the Claimant failed to stay or attend the S a S hearing he would normally allow it in your favor.

As he has requested you to submit a statement and file on the claimant without further details I am at a loss to why he would make this order.

Unless he has allowed the S a S and is requesting a defence from you.

 

If possible post up or type out the order verbatim less personal details.

 

Regards

 

Andy

[cheekone]

we attended the hearing on monday , and the judge didn't want to set aside the judgement , without the claiment being their.

 

Due to my mental state, i stupidly admitted owing money that i didn;t owe.

 

however they did take a photocopy of my doctors letter, and h asked for it to be more time specific

 

and he also told me to file a statment with the court and serve papers on the claiment

[AndyOrch]

A statement that you admited the debt ? I wonder

What were the grounds for your set a side?

[cheekone]

my grounds to set aside judgement where that the wron apr had been applied, the total amount payable was £23000 and not £32000 , and my mental health at the hearing

[The Mould]

we attended the hearing on monday , and the judge didn't want to set aside the judgement , without the claiment being their.

 

Due to my mental state, i stupidly admitted owing money that i didn;t owe.

 

however they did take a photocopy of my doctors letter, and h asked for it to be more time specific

 

and he also told me to file a statment with the court and serve papers on the claiment

 

OK, so your GP's letter probably does not state the period to which your mental state of mind applies or the prescribed drugs that you may of been given as the treatment.

 

Did you mistakenly admit to a debt that you confused with being another debt that you did owe to another creditor?

 

Do you even or have you ever held an account with the claimant under a credit facility agreement/contract? (probably not)

 

Anyway, can you post up the exact contents of your application to set aside please?

 

Kind Regards

 

The Mould

[AndyOrch]

The set a side would have been granted then except for the absence of the claimant.The amount grossly incorrect.

Lets leave aside your health issues for now Cheekone.Lets wait for receipt of the General Order which will clarify

the DJ Order of said required statement to be served.

If you can post up on receipt but also keep an eye on the dates, you must not miss that submission and file.

 

Regards

 

Andy

[The Mould]

OK, crossed posts there I think, so ignore para 3 of my above post.

 

Kind Regards

 

The Mould

 

Actually, para 2 and 3 of post #9, ignore those two cheekone.

 

Kind Regards

 

The Mould

[cheekone]

thanks guys , so i guess this is send a defence statment with all my docs , showing that their is no agreement dated on the said date, and that practice direction PD7 hasn't been followed ?

[AndyOrch]

Its the only thing I can think it relates to Cheekone.

 

Andy

 

But then again "we attended the hearing on Monday , and the judge didn't want to set aside the judgment , without the claiment being their."

 

Wait until you get conformation through as I advised above

 

 

Andy

[cheekone]

please help

 

i need to file a statement in support of setaside application

 

cheekone

 

recieved confirmation and the judge has asked for a statment in support of my application for setaside

[AndyOrch]

My grounds to set aside

judgment where that the wrong apr had been applied,

You can prove this you have a copy of your CCA?

the total amount payable was £23000 and not £32000 ,

So judgment was passed on £32? Did you not defend this at the time?

and my mental health at the hearing

So you have grounds that you was confused.

 

Simply reply with the above facts and that you wish to re defend on the above grounds.

 

Regards

 

Andy

[cheekone]

i have just discovered that Bryan carter solictors are now calling theirselves mccure naismith .

 

 

I went to a hearing recently where the judge would not setaside the hearing ,

because neither their client or themselves failed to turn up

 

 

I followed the judges order and handed put a statment into the court and served documents on their client which they should of replied too,

by the 15th of march theirs been no reply from them or their client

 

 

cheekone

Edited April 22, 2011 by cheekone

[DonkeyB]

Puzzling post, cheekone. McClure Naismith is, AFAIK, nothing to do with Bryan Carter.

 

Can you be a bit clearer about your post? Don’t quite understand what this is about. Do you have an ongoing case? Where do McClure Naismith come into this?

[cheekone]

Hi DonkeyB

 

In Febuary , i went to a hearing to get a Judgement setaside ,neither the claiment or their solicitors showed up at the hearing , and it was the lovely solicitors from bryan carter who attended the hearing , claiming to be from mcure-naismith which explains why they prevented me from entering a defence.

 

The judge ordered that i servered a statment on the claiment , and that they replied within 14 days which they have not

[DonkeyB]

Still not terribly clear. Is there a back story on another thread? What do you need help with?

 

Perhaps you should be asking the court to issue an unless order to make them comply? Still don't understand the relevance of this new solicitor.

[cheekone]

DonkeyB

 

Their is no new soliciter, Bryan Carter has been claiming he is from mccurenaismith , and how do i do a unless if order

[Guest]

were, perhaps, bc instructed by the other sols to act as their agent and thus attend on their behalf?

Edited April 23, 2011 by Ford
typo

[cheekone]

The solicitors are from bryan cater , and not mccurenaismith