HELP - MDKP claim (old NWide card) - judgement recd, but no assignment or POC ever recd

[Abby25]

Yes ok thanks Andy I was going by Debs suggestion, in that case how does the N244 & supplementary defence I've already posted above stack up ?

 

I need some helpful comment and assistance ...... where's everyone gone ?

 

Abs xx

[AndyOrch]

N244 looks fine perhaps drop in " pursuant to CPR 13.3 " somewhere.

 

 

Paragraph 1 and the last paragraph are fine of your proposed defence..... I would lose all the case law in between that will put the DJ back up.Also remove I stopped payment in paragraph 1 or you will have very little chance of success.

[Abby25]

Hi andy,

 

I've tinkered again, and included in hubbys N244, that we (hubby) thinks non-service of the cliam is probably due to mis-directed mail, in that we have a road next to us that has an all but identical name, eg we are 15 acadia avenue and there is a 15 south acadia avenue, in the same postal district, ie AT9. Indeed over the yrs, mail has been mis-directed several times between the 2. So I've bobbed that in to hopefully support the "non-receipt" statement, which is absolutely true, we didn't receive the claim form, and the 1st we knew of this was the bloomin default judgment .... which I could scream about !!!

 

Anyhoo, I've also amended the supplementary defence, removed all case law, and slotted in CPR 13.3 in my conclusion paragraph (thank your for that suggestion), so, could (when you have a min) take a quick peek at the attached, see what you think and if they are ready for submission ? (obv for submission, the reference to the address in the N244 ie acacia ave, will amended to reflect our correct address and that of the similar road namel)

 

Your opinion - should we first send a copy to the Creditor to see if they will set aside without having to go through the courts, or is this very unlikely, and just bang it straight into the court for review ?

 

Thanks Andy, your help is so very welcome and valued, and thanks for sticking in this with me ! (where HAS everyone gone ?)

 

Abs xxxxxxx

[AndyOrch]

Reference CPR 13.3 need to be on the N244 in box 3 because that is what you are requesting the order under....not in the defence.

There is nothing to stop you approaching and requesting consent to a set a side...tell them you are doing it anyway and would they consider same with view to save time and costs?

 

 

Regards

 

 

Andy

[Abby25]

Thanks Andy, sorry my mis-understandng, I'll amend that right now- thank you. Does everything else look ok and seem reasonable to you ?

 

If we approach the creditor first, should I send them a copy of the N244 etc, or would you suggest just constructing a letter saying that we will be applying for a set aside based on non-service, and what we believe to be a robust defence to the claim ?

 

Thanks

 

Abs xx

[AndyOrch]

Just a letter or phone call...make it quick though as this is dragging on far too long and pursuant to CPR 13.3 application need to be fast.

 

 

The defence is still questionable or if it has merit ...I would simply stick to the fact that a section 78 request was made on xxxxx the claimant failed to comply and remains in default.

 

 

Default Notice is invalid or not received whichever ....lose all the legislation.