Claimform by DAF (Yes Car Credit) **WON**

[philballard30]

Right-o thanks very much for this post, i'll get this filled in and i'll check back on friday. :)

[postggj]

ive had three ccj set asside

i can see no probs with this

 

as stated, in three months, the ccj will be gone

[philballard30]

Finally, have i got send anything to Yes Car or do i put ther address in the defendants name on the top of the form

[postggj]

The Court Will Contact Yes Car

 

Yes Car Are The Funding Co In Horsham West Sussex

 

Do You Have There Address

 

 

HAVE A NOSE

 

http://www.insolvencyhelpline.co.uk/ccj-removal/step-by-step-process.php

Edited December 9, 2009 by postggj

[philballard30]

same as the SAR - Horsham RH12 2RG? i've put in the defendants name box as well.

[postggj]

Yep

 

Fine

[philballard30]

just reading the regs you posted a while ago, i've copied and pasted it to a blank word document, but i'm just reading through it again, does it need editing or is it good as is?

[postggj]

Its Fine But I Would Cut The Bit About The Compensation

 

Give Me A Minute And Ill Post The Bits Up

[postggj]

Come To Think Of It

 

Lets Put The Wind Up Them

 

Send The Regs As They Are

 

Deleate Nothing

[philballard30]

Right got all that.

[philballard30]

right quick update, due to work and other problems over christmas, finally got round to sending the pack to the court, couldn't send it to my local court, as it had been dealt with by Northampton BCC, i received a notice from them this morning :-

 

"To all parties

 

This claim has been transferred to the ******* County Court for that court to deal with the defendant's application for judgement to be set aside.

 

That court will send you and the other parties notice of the time, date and place of hearing."

 

i'm hoping it won't take too long. I'll keep you updated.

Edited March 1, 2010 by philballard30

[philballard30]

Hi all/Postggj,

 

Got a date for a hearing for my judgement to be set aside.........apart from what went on the N244 form and what i got from the SAR.....what should i be concerntrating on at the hearing.......how do i go about explaining the agreement is crap??

 

What i'm hoping for is no-one for Yes Car even turns up!! (that's the easy option)

 

My hearing is 21st April at 1230

 

Any advice for the hearing greatly appreciated..............

[debt4get]

cant see anyone from yes car coming as they have gone bust...this is to set aside the original ccj?

[philballard30]

yes, noticed it last year when i checked my credit file for the first time in a good few years! (it's three years old) and i didn't even know i got it! so i want to go and defend myself as not only is the agreement crap, the default notices don't comply, and the vehicle was actually a lemon which i surrendered and stopped paying.

[postggj]

Evening All

 

Can You Post Up What We Put On The N244

 

Ill Do A Witness Statement For The Judge To Explain It All

[philballard30]

Yep...stand by i;ll get the old scanner warmed up !!;-)

 

Check back in a bit! there are a few pages so bear with me!

[philballard30]

 

Evidence cont.)

The credit agreement has not been defaulted as to Consumer Credit (Enforcement Default and Termination Notices) Regulations 1983 (SI

The default notice fails in that it omitts the creditors name and address

The default notice fails to give the defendant the mandatory fourteen days to rectify the default

It is my contention that as a result of this and the aformentioned reasons, the Judgment has been improperly granted

 

I would therefore respectfully ask the Court to set-aside the Judgment, on the basis that I never received the claim pack and consequently was denied the opportunity to respond to the claim; which I would have done as it is my sincerely held belief that no executed credit agreement exists

 

ALSO included this in defence............

 

[postggj]

Very Good That

 

I Can See Why The Judge Granted A Set Asside

Ime Going To Do A Witness Statement For You To Send The Court

 

Are Any Sols In Contact With You From Daf In Horsham

[philballard30]

Not yet the court has had the docs since 1st March, not a whisper from yes.

 

thanks mate.

[postggj]

can you confirm email receipt phill

 

let me know what you think

[philballard30]

It's good, thank you.

 

is this what i take with me to the court on the day or does it have to be submitted before-hand?

[postggj]

if daf ever decide to take you to court after the set asside again, that will form part of your defence

 

send that to the court with a covering letter asking for it to be put in your n244 application for the judge to go over

 

ive left room at the top for case number etc

 

once the judge reads that, its a done deal the set asside along with your other grounds

 

it shows you have a realistic chance of defending any possible future action by daf

[philballard30]

cheers, i've sent you a quick email, just so i get it straight in my head.

 

[philballard30]

Still nowt from DAF's solicitors..........

 

t-minus 22 days to the hearing!

[philballard30]

Had an email from Rebecca Field, of litigation at irwin Mitchell asking me to telephone her about this urgently.....i don't know, the hearing is set for the 21st and they're only just making contact now!?

 

do i call or sit tight for the hearing ?