Help - Aggressive response from Northern Rock

[paulif]

ok so they are applying to have it set aside

what does this mean exactly?

what do i need to do? if anything?

 

i have been asked for my consent to have the hearing over the phone?

what should i do in this regard

[noomill060]

Paul-

 

On what date did you get your Judgement by Default?

[paulif]

16th January

[noomill060]

Have you been told that they are seeking a Set Aside?

[Glenn UK]

OK so they are applying to have it set aside

what does this mean exactly?

what do i need to do? if anything?

 

i have been asked for my consent to have the hearing over the phone?

what should i do in this regard

 

You don't need to do anything unless the court instructs you too.

 

Re the hearing over the phone, consent because it wont stop it happening just make you look a bit vindictive.

 

Personally if i could i wold go to the hearing sit in front of the judge to answer questions and if possible explain why the defendant shouldn't get the set aside.

 

They probably will but i would try present my case and any arguments against their claim.

 

JMHO

 

Glenn

[paulif]

Have you been told that they are seeking a Set Aside?

 

only by them

 

not the court

[noomill060]

In which case, wait until you hear from the court before doing anything else.

[paulif]

i still have not heard from the court

but i have received a whole lot of stuff from the bank

 

they have sent me the application for the set aside twice

(I post an extract from it below)

 

they have also sent me a number of aggressive letters saying unless i consent to the hearing by telephone they will hold me liable for their legal costs etc...

 

i am not happy about a conference call hearing for 2 reasons

 

the first is that i work as a contractor in an open plan office and it will be difficult for me to get some privacy and i dont want to bring all my paper work notes etc into work

if i have to take a day off work for this i would rather go to court in person

 

the second is that they say they "have a real prospect of successfully defending the claim". they have also included their defense in detail...

since i have a judgment and i think there defense is unfounded i don't think this is reason to have the judgment set aside

since they begin legal arguments in full

i feel like i should be arguing my position

 

When i started this process i was under the impression i could not be liable for the other side's legal expenses.

i am concerned they are now threatening me in this way.

 

 

i would appreciate all help, comment etc on the above and the extracts below

 

many many thanks

 

 

 

 

[noomill060]

Hi Paul, I advise you to send a person message to one the the moderators of this site and ask them take a look at this thread and ask their advice.

 

NR have no chance of success, they all say that. Its all BLX.

 

I cant give you any more advice, but a moderator will.

[N#1N#2]

I am in the same boat, chased my money up and now have a new date for court as the bank have asked for the judgement to be set aside.

12 the Feb in south shields.

 

keep you informed

 

ring the bank for your money

[zubo]

Paul

 

Sounds like complete hogwash and typical aggressive stalling.

 

They appear to be floundering but you need to ensure that you have complied exactly with process. I am assuming that you did supply a detailed list of all the charges with your N1 and that you followed the template bundle for the Court and defendant showing all the cases as part of the evidence. If so, they cannot argue that your claim was not particularised - otherwise ensure you have all that ready!!

The argument of - we never received a copy of the claim should not hold water - the court knows it sent the claim to them!!

Their final argument re T&C will be destroyed by the cases in your bundle.

 

They can produce all sorts of legal documents and threats - are they real? - disregard them. Only the Court can instruct you to do anything.

The document looks nice and pretty but it did not come from the Court.

 

I would respond to them stating exactly that - 'If you wish to request a Set Aside then I will wait for the Court to notify me and at that time I will write to the court giving good reason why the Set Aside should not succeed and why you have no reasonable defence to my claim. In the meantime I am prepared to delay further procedings for 7 days to allow you to lodge the Set Aside'.

 

Call their bluff - send the letter recorded, copy the Court. Once 7 days have passed procede to request the Court to send in the bailiffs.

 

Do NOT allow them to bully you with any phone conversation, if they do call then be polite and notify them that all communication will only be conducted in writing or in Court.

 

Good Luck

[noomill060]

Paul- their 14 days to apply to the Court for a set aside is up tomorrow!

 

If they havent, they are stuffed and you have their danglies in a vice.

 

As of tomorrow, send the above letter so you can show youve been as reasonable as possible.

 

Then in 7 days start to tighten that vice....

[N#1N#2]

Noomill060

 

I have a court date for my set asside with the northern rock. 12 Feb.

The court have not askde for any supporting documentation, do I send any in advance, not much time?

Or do I take it on the chin and take it with me and just defend my case.

 

Will the banks still pay up even with the judgment set aside

[N#1N#2]

Paulif

 

Just checked the letter details that you have copied, what a surprise this is the exact same wording as in my case.

 

sounds like they purposely ignore the court letter, then play the game to have it set aside???

 

I wonder if they will ignore the next date.

 

I will e mail rebbeca evans tonight to remind them i have received my new date na dhow they wish to proceed??

Copy of some articles from the BBC website on banks from yesterday as a reminder that the judges are getting sick that the banks do not turn up??

 

Wish me good luck

[zubo]

Guys

 

Its an interesting strategy on their part especially since they both offer the same opening lost case defence. Perhaps it would be a good idea to pm each other your case numbers and courts and include it in a pre-trial motion to deny the Set Aside before the Court case, I'm sure the Judge would not be too happy that this big organization is wasting court time and using improper tactics.

 

In addition, research here, there are at least two judges who have struck out there simple T&C defence as being inadequate.

 

In other words, prepare your arguments in advance and send the Court a request to strike out their request for a Set Aside.

 

Looks pretty strong to me.

[N#1N#2]

Zobo

 

Quote

'In addition, research here, there are at least two judges who have struck out there simple T&C defence as being inadequate.

Are they both against the Northern Rock

 

i will research the 'strike out' bit tonight because i think they are taking the buscuit somewhat.

[zubo]

No I think it was Barclays, but the important issue is one of precedent: these judges know that they have paid out in previous cases and more importantly their T&C argument is a weak defence against the mound of case law in your bundle - so why waste the Court's time?

 

I the request for a Set Aside is normally accepted by a Court unless there is sufficient argument presented by the other party - that is why you need to argue the case ahead of the appearance.

[N#1N#2]

Zubo

 

in my ignorance what the best way forward??

 

Do I send in my court bundle before the hearing as the court have not asked for this??

 

Do I push the issue??

[paulif]

Guys

 

Its an interesting strategy on their part especially since they both offer the same opening lost case defence. Perhaps it would be a good idea to pm each other your case numbers and courts and include it in a pre-trial motion to deny the Set Aside before the Court case, I'm sure the Judge would not be too happy that this big organization is wasting court time and using improper tactics.

 

In addition, research here, there are at least two judges who have struck out there simple T&C defence as being inadequate.

 

In other words, prepare your arguments in advance and send the Court a request to strike out their request for a Set Aside.

 

Looks pretty strong to me.

 

you guys are a huge help

 

i still havent heard from the court

[zubo]

Zubo

 

in my ignorance what the best way forward??

 

Do I send in my court bundle before the hearing as the court have not asked for this??

 

Do I push the issue??

 

BJ - Let me understand this first.

Paul has had a judgement in his favour with NR in absentia as I read it claiming they did not know and would have successfully defended it.

 

Did you have the same - did you go to court and get a judgement in favour and they are now seeking a Set Aside for your case too, and you now have that set aside info from the Court with the date?

 

Let me know.

[N#1N#2]

Zubo

 

Yes exactly that, my 'set aside' date is 12th feb, at my local court south shields 3.00pm.

[N#1N#2]

Paulif / zubo

 

I read on many pages that if the bank defends then the court will issue to me an allocation questionaire??, this needs to be returned within 28days of the court case, well i am well timed out as i recieved my notice from the court last friday and the hearing date in two weeks time.

 

Will send the court bundle to both and play by ear

[paulif]

how does one pm a mod?

i really would like to know what i am to do

i have not heard from the court

the bank says the set aside hearing is in nottingham

and if dont agree to telephone hearing then they will sue me for costs

 

a mod would be hugely appreciated

[N#1N#2]

Paulif

 

Sorry cannot realy help there,I guess if you can find a moderators name the double click and the details are available to PM.

 

you mentioned that the court case is nottingham? is this local to you

If not ring the court and ask what are the implication of it being moved closer to you.

 

As for the telephone sueing lark, i ignored them in the first instance and they have not been back on, so i do not understand there stance on this.

 

when are you due in court to here the application to set aside the judgment??

 

Are you aware of any other Northern rock people out there with the same issues, or are we the only two, as I may try and get the defence struck out but not sure what I am doing there??

 

As for the next steps not sure by all account the bank have the judgment set aside in most cases but not sure what happens next or is that it end of story???

[noomill060]

I've PM'd a site helper for you, paulif. With a bit of luck they can give you the info you need to nail NR for good.