County Court Claim papers recieved - help requested

[carolan78]

Thats shocking mine went through fine and was issued on the same date. I would get it set aside and then file your defence. I don't think there is a lot more you can do at this point. Just keep checking your credit report to make sure they don't add the CCJ.

[Smiles080]

Thx, was going to file a defence today and as i was preparing it postman delivered the news. Wierd. I need to find the defence that basically says i cant defend this without the proper information which i am waiting for nationwide to provide and they are dragging their heels, ie no-trace letter but am not having much luck, good luck and thanks again

[I've got no money]

I am typing this in case it helps someone in a similiar position.

 

They think there may have been an error and i have to send an email to customerservice.ccbc@hmcourts-service.gsi.gov.uk attaching proof of acknowlegment of service with a covering letter to the post judgement manager stating the full 28 days were not up and asking for the judgement to be set aside.

 

anyone got any thoughts ?

 

Technically the court could set it aside under Part 3

 

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part03.htm

 

PART 15 - DEFENCE AND REPLY - Ministry of Justice

 

Personally I'd still lodge an N244 to apply to set it aside

Edited July 16, 2009 by I've got no money

[Smiles080]

(new draft) Thx

 

Here is my draft so far, i will add a bit in requesting an N244 form, thx

 

"I was served with papers on 19th June. I acknowledged service on 24th June (proof attached) and Judgement was filed 14th July. I was under the impression, indeed it says so on the MCOL website, that i would have 28 days to prepare my defence to this action. The 28 days would have run out on the 17th July and i was in the process of preparing my defence when the postman delevered the judgement on the 16th.

From the MCOL FAQ - "Responses should be filed within 14 days of service of the claim. However, if you need more time than this, filing an Acknowledgement of Service extends this total time for filing a response to 28 days from the date of service." and the civil proceedure rules part 15.4 section 1 (b) clearly states that "if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim."

I would like to request that this judgement be set aside as the judgement was entered irregularly, by virtue of lodging an N244. If i require a form for this please can you send me this form and also information as to how to proceed with my obligations in this matter.

 

does that sound ok ?

Edited July 16, 2009 by Smiles080

[carolan78]

Sounds good to me.

[I've got no money]

(new draft) Thx

 

Here is my draft so far, i will add a bit in requesting an N244 form, thx

 

"I was served with papers on 19th June. I acknowledged service on 24th June (proof attached) and Judgement was filed 14th July. I was under the impression, indeed it says so on the MCOL website, that i would have 28 days to prepare my defence to this action. The 28 days would have run out on the 17th July and i was in the process of preparing my defence when the postman delevered the judgement on the 16th.

From the MCOL FAQ - "Responses should be filed within 14 days of service of the claim. However, if you need more time than this, filing an Acknowledgement of Service extends this total time for filing a response to 28 days from the date of service." and the civil proceedure rules part 15.4 section 1 (b) clearly states that "if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim."

 

I would like to request that this judgement be set aside as the judgement was entered irregularly, by virtue of lodging an N244. If i require a form for this please can you send me this form and also information as to how to proceed with my obligations in this matter. I don't understand this

 

 

does that sound ok ?

 

I am confused - you make the application on an N244 - which you can get online

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

[Smiles080]

thx ivegotnomoney, point taken. I think i will leave that bit out and let the post judgement manager decide where he wants me to go with this. If he wants me to do the N244 (i didnt realise it was a form) then i will. I think there is a fee for doing the form which seems a little unfair as it is their mistake not mine but will see what happens

 

thx for your time

[Smiles080]

I phoned court and was told to get my defence in as soon as possible as it was going to a district judge in the next 6 weeks or so, nice of them to let me know and they should have had to courtesy to reply as much to my emails but hey ho.

 

I have not received any reply to my 'no'trace' letter and thus so far nationwide have failed in their duties under the data prot to send me my info. They have now had 40 days since my original request for my information. How i can be expected to make a defence when i dont know what i am defending.

 

Do i just ask the court for more time for nationwide to comply with my request ? Do I send them copies of the letters i sent ? Thanks

[BankFodder]

I'm managing to get some time to be involved in this again.

 

Can you explain a bit more about your charges? Are you saying that you have received no chharges on any account with them other than CC £12 charges?

[Smiles080]

I have a feeling that this £2545 debt is for a credit card i had with a £2100 limit (which i used to live on whilst off work with sciatica) , i think any charges are probably the £12 ones and therefore think that the bit in carolanns defence about regular repayments does not apply to me as it is a credit card.

 

Basically i need to word a 'defence' asking for more time so that i can see what charges have been applied, Nationwide have already sent a no trace letter to which i have replied stating that they used this address and account number to send me statements, my card, all dca paperwork and court paperwork and therefore reminding them of there data prot act obligations.They have now had 40 days. How can i defend unless i know what i am defending ?

 

The CCJ that was made after only 25 days listed a repayment schedule of £50 per month however i have a letter from bryan carters crew stating unless FULL payment is made there will be further enforcement action.

 

Thankyou very much for your time and welcome back

[Smiles080]

Part of my letter to Nationwide said

 

" Please note that if there are any delays in providing me with my data disclosure then on the first occasion I shall apply to the court for an adjournment on the grounds that you are in breach of your statutory duties and if you continue then on the second occasion I will simply ask the court to order you to complete the data disclosure and also to pay my costs for that application.

 

I shall also produce to the court “no trace” letters which other customers have also received and I am sure the court will be struck by the remarkable coincidence that when you sue your customers and they ask for data disclosures that you routinely send out no trace letters in order to provide obstacles to their legitimate data disclosure requests"

 

I am guessing that this is what i should do (ie ask for an adjournement) and also add that the CCJ was made early (ie after 25 days and before i had a chance to file a defence during my 28 day period) ?

[BankFodder]

No, you must ask the setaside. The judgment should never have been granted.

 

Also, in order to defend their claim you will be able to amalgamate all of your accounts together and then set off charges and counterclaim for any outstanding balance in your favour.

 

I haqven't been following this very closely. I take it that you have appied for the setaside and the date has been set for 6 weeks - is that right? You don't have to a defence before then. however, it will be very helpful if you produce a defence for the setaside.

[Smiles080]

Thx,

 

I assume i just write to the court asking for a setaside on the grounds that it was granted early. I was going to include copies of their 'no trace' letter and copies of my 2 data prot act letters and ask for time for nationwide to fulfill their data prot obligations but how do i word it correctly, can you suggest a written version for me to send to the court or shall i just use what i said above about not being able to enter a defence unless i know what i defending (counter-claiming) ?

 

I have not applied to the court for the 6 weeks, the court woman, by phone, said the judge would be looking at it in the next 6 weeks. It would have been nice if the court had told me what was going on.

 

thx once again

[BankFodder]

But what is it that the court is proposing to look at? As NW have a judgment, what is preventing the proceeding to enforce it? Have you been in contact with them about this at all?

[Smiles080]

As soon as i recieved the judgement (after 25 days) i phoned court and was told to email a certain address with proof that i had acknowledged service, which i did, i waited, nothing, emailed them again, nothing, no reply, so gave them time to respond, nothing, so phoned them today and was told it had been sent to district judge who would look at it in the next 6 weeks and that it would be a good idea to send in my defence as i had already had well over my 28 days

 

I have not contacted NW or bryan carter, who sent letter saying judgement in their clients favour and to pay in full

[BankFodder]

I suggest that you send BC an immediate letter - polite - pointing out that the judgment was granted to them in error. Send him the evidence that you had indeed acknowledged. Tell him that you propose asking for a setaside on these grounds and also on the ground that you have a reasonable defence to their clqaim which will be that they owe you at least as much in bank charges.

 

Ask if he will agree to the setaside and to let you know by retrun in writing.

 

Point out that it is quite clear that the court will grant the setaside and that if they refuse their consent that you will be applying on an N244 and will ask for costs of the appication.

 

At the same time point out the BC that NW are in breach of your DPA request and that you intend to making a related claim in respect of their breach and that maybe he might like to contact his client in order the help things along.

 

Keep it all very short and polite - not bumptious or verbose.

[BankFodder]

If BC agrees - as he should do if he is a reasonable litigant and wants to act professionally, then send his letter and your letter to the judge asking for the judgment to be setaside. Come here and I'll tell you what to write.

You'l have to send your defence at the same time.

 

If BC wants to get funny, he might say that he wants to see a copy of your defence first. In that case you would send him a brief note reminding hi9m that he is not the judge - just someone who has benefiited from an error of the court and that you take it that he is refusing and you will proceeed with the N244 and you will bring his refusal to the attention of the court. In that5 case you could also tell him that you know that he would deal with you differently were you not a LIP

[Smiles080]

This is my letter, is this ok ?, i note your 2nd msg and will see what BC says and thx once again

 

" YOUR CLIENT : Nationwide Building Society

Account no: xxx

Your ref: xxx

 

Dear Sir/Madam,

Unfortunately the court judgement has been granted in error as it was made after only 25 days and before I had entered a defence. I had entered an acknowledgement of service on the MCOL website, proof of that is included in this letter, and the court are aware of my acknowledgement and proof. I shall be asking the court for a setaside on these grounds and that I believe I have a reasonable defence in that Nationwide may owe me more than the judgement figure.

 

 

Therefore will you agree to the setaside and inform me by return in writing ?

 

 

I would also like to point out that your client is in breach of my Data Protection Act request and that I intend to make a related claim in respect of their breach and that you might like to contact your client in order to speed things along.

[BankFodder]

Incorporate this:- Give the date on which you filed the acknowledgment. I am confident that as the judgment was grant in error that an application to setaside will be granted. It would save all parties including the court, time and money if you were to consent to having the judgment setaside and so in the circumstances I would be grateful if you would write to me agreeing to have the judgment setaside or if not, stating your objections so that I can bring them to the attention of the court on my form N244 aplication notice.

 

On a separate matter, I would like to bring to your attention that your clients are in breach of ...blah blah.

 

Don't say speed things along - say it might be helpful to us all if yoy could query this matter with your client.

[Smiles080]

many thanks, letter sent, nice one

[Sunnie2812]

I have recieved the same no trace letter, send them the letter I have just posted on my thread, and keep on smiling

 

 

I to received the same letter from N/W no trace of my address but a SAR for the N/W credit card, info arrived to home address.

 

I WILL not collect it.. they can send the SAR info..

[Smiles080]

letter fron NW arrived this morning saying my binder of info is at local branch and for me to collect with id etc...will be getting it in 2 days time per their instructions so lloks like i got it now, thanks sunnie

[carolan78]

Good luck, using the spreadsheets isn't as dunting as you first think. Would you mind PM'ing me the kind of info included so we can compare, I am certain there's certain things that should be in there and they are not.

[carolan78]

Any updates on your case you can post? Hope it is all going well

[Smiles080]

update - collected info from NW branch, it had all statements from my current account but NO statements from my credit card,m which is what the CCJ is for,- i had put the current account number at the top of the sar however it did include the lines " Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you"

 

 

From cuurent account statements they owe me about £300+ on my current account in bank charges, i do not know what, if any, they owe me for me credit card.

 

 

 

Email received from court on 24th/8 - "The case was referred to the Judge on 20/07/09 and is expected back within 6 weeks, the latest date being 31/08/09."

and then the 25th/8 - "

 

The case was referred as you provided evidence that your acknowledgment of service was submitted before judgment was entered and we are therefore asking directions from the Judge as to whether we can have permission to set the aside.

My apologies that you were not informed of this at the time, once the judge has made their order a copy will be sent via post to the parties."

 

and then another on 27th/8 - "Please find attached application forms to enable you to apply to have the Judgment set aside as per the District Judge's order made on 25th August 2009."

 

BUT

 

The judges order "No defence has been lodged or attempted to be lodged by Mrs (i am a mister thanks) xxx against whom judgement has been entered. If she still wishes to defend then she must make an application to set the judgement aside" It then says a party must apply under rule 23.10 within 7 days of service of this order"

has given me 7 days from the 25th/8, given that i got it yesterday afternoon (it arrived in morning post but i sleep during day as iu work nights) - i must move quickly with this - i also cannot afford the £75 within the next few days, it will take me 2 weeks to get the money together, i also dont see why i should pay as it was THEIR mistake not mine but anyway...suggestions as to a defence, do i counterclaim, can i ask for more time for NW to fulfill their SAR correctly (or for me to send another one correctly, more expense)...i feel like giving up and letting them send me to prison

 

a letter from BC dated 26th/8 says we confirm that we have requested a copy of the original agreement from our client and will forward this to you upon receipt."

 

I have been sent by email form n244 - do i fill it in and send it back but without the money or wait a few weeks until i have the money ?