Backdoor CCJ Arrows/Cater - Old Lloyds Card debt - set aside ***Claim Struck Out***

[sick of thames credit]

Hi Andy, not been on for a few days so have sent the N244 off (asking for no hearing), should I try to contact the court and ask them to change it or will they just do it anyway? I was also wondering whether I should contact Bryan Carter to again provide them with my new address (to avoid documents going missing etc) and if I do should I mention anything about the claim or ask for anything from them?

 

You also need to give the court your correct address!, the address the court has on it's system is the one supplied by the claimant in the original case and that address gets appended to your case number. Even if you fill in subsequent forms with your correct address, the address will not get changed till you instruct the court staff of your correct address.

[Andyorch]

Good point Sick.

 

Andy

[maybelate]

Hi, I have heard today that the claim has been transferred to my local court for a hearing, is that good news? Does it mean there is a chance that I might get a set aside?

[Andyorch]

Well the hearing is going ahead so its how you present your reasons now MBL.

 

Regards

 

Andy

[maybelate]

thanks Andy,at lease I might have a chance to get it ste aside now then. Any advice regarding how to approach the hearing?

[Andyorch]

Fresh off the press :- http://www.consumeractiongroup.co.uk/forum/showthread.php?322527-Old-MBNA-Card-LINK-County-Court-Action-Your-advise-please-**-Set-a-Side-now-defence**/page5

 

Regards

 

Andy

[maybelate]

Thanks again Andy, made very interesting reading. Hope I have an understanding judge on the day too Think I will just have to go and tell it how it is, I moved from the address that the claim form was sent to in December and the claim was issued in the following February. I told the claimants that I had moved, but not by recorded delivery because they just have a p.o box, so can't prove I did, but will have to see how it goes. Scary though

[Andyorch]

Tell the DJ that fact re the PO box they then have to prove that they were not informed.

[maybelate]

I've been reading an old thread about what to expect at the hearing to get the CCJ set aside and one post read "it will not be enough to prove that you did not live at the address at the time the claim was issued. You will need to prove that you provided the claimant with your new address or that your new address was on the elector roll etc."

 

Getting a bit worried now as I wrote to the claimant with my new address before the claim was issued to my old one but all I have is a copy of the letter I sent them. Didn't send recorded and I'm not on the electoral roll yet, so it's my word against theirs on this matter.

 

Any advice on this please?

[Andyorch]

As long as you can prove that the Claimant was aware of your new address then there should be no problem. Reiterate what i state in post#25.

 

Regards

 

Andy

[Autodrome]

If you can show that you have a defence as well then you should be ok - but you will have to fight

[maybelate]

Hi, he hearing is getting quite close now, so trying to get all my facts and evidence together, but was just wondering if as the claimant say in the POC that" I agreed to pay monthly instalments under agreement number xxxxx but has failed to do so" are they required to provide a copy of the alleged agreement at the hearing if requested to by me? as they are are stating that they don't need to.

[maybelate]

Hi, I have received a letter today from the claimants solicitors stating that they will not be representing the claimants at the forth coming hearing. Does anyone know what this means? Is it likely that some other solicitors will turn up instead?

 

Hi, is there anyone who has any advice on the above please because the hearing is very close

[Bazooka Boo]

Shameful

[citizenB]

Hi, I have received a letter today from the claimants solicitors stating that they will not be representing the claimants at the forth coming hearing. Does anyone know what this means? Is it likely that some other solicitors will turn up instead?

 

 

maybelate, have you perhaps receive a notice of change of solicitors ? I will send S.O.S. to andyorch for you.

 

When is the hearing ?

[maybelate]

Nothing other than the letter from solicitor hearing Wednesday.

[citizenB]

Nothing other than the letter from solicitor hearing Wednesday.

 

Ouch.. ok, I am sure that AO will look in on you as soon as he can.

 

What have you put on your set aside application.. ??

[maybelate]

I put that the claim and judgement were issued to an address that I had moved out of a few months before. I provided evidence of when I moved and a copy of a letter to inform the claimant that I had moved.

[citizenB]

I put that the claim and judgement were issued to an address that I had moved out of a few months before. I provided evidence of when I moved and a copy of a letter to inform the claimant that I had moved.

 

Excellent.

 

I have been thinking about the solicitors - they might actually be using a local solicitor rather than travel themselves.. so probably nothing to worry about.

 

Just turn up before time with any paperwork - best of luck and please, let us know how you get on

[maybelate]

I was hoping that they might have decided not to attend as I asked them to confirm, on several occasions, (and copied requests to the court) that they are able to bring the original CCA to the hearing with them:?:

[Andyorch]

Hi MBL

 

Responding to SoS.Have you checked with the Court to see if they have been informed of a change of Sol.? Its all a plus for you, this weakens any proposed objection from the Claimant.Just attend as advised by CB they may not, but have an outline of a proposed defence in case the DJ questions you.

 

Regards

 

Andy

[maybelate]

Thank you Andy and all who have tried to help me with this. I will go to the hearing tomorrow feeling a little more confident and will let you know how it goes.

 

Regards

Maybe

[citizenB]

Best of luck for tomorrow, maybelate

[maybelate]

Well, just got home from the hearing. The Claimants sols didn't attend but sent the judge a letter to apologise and I think put their side of the story across. The outcome is that the claim has been set aside and I have approx.2 weeks to file a defence. Bit worried now though, the judge certainly seemed to swing in favour of the claimants from some of the things he said. What should my next step be? Do I send a CPR request? Andy something the judge said bothers me, I will pm you to explain if that's ok?

[DonkeyB]

CPR request urgently, giving 7 days to respond.

 

Do you have a copy of the particulars of claim?