Westcot Claimform - M+S card - *Set Aside*

[Andyorch]

AndyOrch

 

Ok Andy you could be right, but from my previous experiences the claimant is allowed limited time (4 weeks) to provide the documents and most of them they dont provide them on time as the bank are very slow dealing with DC issue , is there where i am taking my chances.

 

Accepted I have won many claims on the none disclosure and had the claim either struck out or discontinued by calling their bluff...its a gamble though particularly when you throw £80.00 at it to test and you get a good DJ on the hearing.

 

Also they were not default judgments/ set a sides so I didnt have to offer a defence in advance to the claimant.

 

Regards

 

Andy

[Noumidia]

Andyorch

I know i have to pay £80, i may get a legal fees as i am on the moment on JSA. If i dont act now ,they will go for a charging order, and if i loose then i will offerd them no more £5 a month to wescot.

Edited September 18, 2012 by Noumidia
missing word

[Ganymede]

AndyOrch

 

Ok Andy you could be right, but from my previous experiences the claimant is allowed limited time (4 weeks) to provide the documents and most of them they dont provide them on time as the bank are very slow dealing with DC issue , is there where i am taking my chances.

 

 

 

You can't rely on you experience of a pre issue Statutory Demand. There is a CCJ in place now which is a lot different - The Claimant doesn't have to prove or provide anything at this stage as they already have the CCJ!!

[Noumidia]

Ganymede

 

Have you been or knew somone in the some sitution like me or do you have any legal expertise in this domain? because you keep saying and repeating that "The claimant doesn't have to prove or provide anything at this stage as they already have the CCJ". Is this a fact or your opinion?

[Andyorch]

Noumidia

 

Why not just accept the CCJ and make application to vary the judgment to a monthly affordable amount N245 (variation) assuming its a forthwith judgment.

 

Regards

 

Andy

[Noumidia]

Andy

It is difficult to accept the CCJ, I was trying to get rude of them for the last 5 years surely i dont need another one to hang on my CRA for another 6 years. Is not over until the fat lady sings.

Andy, I do appreciate you support and your help and many thanks.

Edited September 19, 2012 by Noumidia
reapeted word

[Andyorch]

No problem you must do what you feel is right and justified.

 

Regards

 

Andy

[furyan]

my misses is in a similar position.

she didnt recieve any claim form

we did listen to these guys on here put in a n244 on grounds no paper work was recieved was granted a set aside hearing which was last week

in our favour the dj did order wescot to send me a copy of original agreement.

listen to these guys they have good solid advice

[Noumidia]

Hi Furyan

Please could you tell us what was your defence, because almost everyone think i have no chance.

[furyan]

put in n244 on grounds that we recieved no paper work.

also stated that we didnt know anything about the debt

no defaults on credit files or anything.

we recieved a letter from wescot today and they wish to consent to set aside and withdraw because tthey carnt find original agreement.

but every case is different

i will update my thread later when i get home from work

[Ford]

noumidia

presume you have already seen this info as well http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

furyan did well to get an order requiring production of original, something claimant was unable to comply with. but, there were other circumstances as well. as said, 'every case is different'

re stat interest, 4 years worth could usually be challengeable as unreasonable when contested (yours was default). once principal sum, 'up to' 1 years worth is usually regarded as reasonable.

Edited September 25, 2012 by Ford

[Noumidia]

Ford

Do you mean to challenge them over the interest as unreasonable, althought the (SE 69,under county court).

[Ford]

was just saying eg where there is a trial/hearing and judgment against re principal sum, j then has discretion whether or not to award any s69 stat interest claimed in consideration of circumstances. there, 4+ years worth may be regarded as unreasonable and may be argued as such, with 1 years worth usually being seen as reasonable.

Edited September 26, 2012 by Ford