Help - Aggressive response from Northern Rock

[tamadus]

ok first thing is DONT PANIC

 

I have only quickly run through the thread and could use a bit more information but here goes anyway.

 

Firstly it is not unusual for them to apply for a set aside when a judgement has been entered by default. Judges actually seem to prefer this to a default settlement.

 

Secondly as long as the case is on the small claims track then your liability for costs is limited.

 

Now you have 2 options, you can either agree to the set aside or you can argue against it. If you agree it simply means the court will set aside the default judgement and schedule a date for a hearing. It is very unlikely they will attend a full hearing anyway and normally settle prior to that happening. But you should still do your homework and prepare for the possibility of a hearing.

 

The other option is to fight the set aside. This should be fairly easy but again you need your homework, a simple letter to the court detailing your argument should suffice. The first argument that comes to mind is that they have filed several similar if not the same defences in the past and settled them all before a hearing, if you word it right the judge may even striek out their defence on the grounds of abuse of privilege.

 

In either case you need that homework or you will fail. You need to do some research on the site for very similar cases (preferably ones where the claimant didnt come out all guns blazing and confused) get your thought together and coherent, a Judge will not take kindly to irrelevancies. Make sure you have and understand the relevent points of case law and the UTCCC. The basic court bundle in the Templates library should help with this.

 

Paul speak to your local court and explain that a telephone hearing is inconvenient but you could do it if you can attend at the court for it, they may be able to help by setting it up at the offices. Even so be ready with the items you need to quote from.

 

All I can do is offer advice, you have to do the actual work of putting it together, unless the procedure is followed virtually to the letter it can and will flounder simply because you show them your not fully familiar with the process. The law is about knowing what parts of it you need and using it with confidence. The law is on our side as long as we use it correctly.

 

Paulif did you issue this through moneyclaim online? if so give their helpline a phone call over the telephone hearing and ask their advice. That's what it's there for so use it

 

to PM someone click there name on any post and when you get to their profile clikc the send a private message link.

 

 

hope this helps.

[tamadus]

very good point about Hackney, Glen

[tamadus]

Bjberry, the set aside is not a real problem and the Judge will probably prefer the chance to get them into his court, they dont particularly like default judgements.

 

As Glen says any objection to it has to have a legal basis. I'd allow it and then get on with the real reason your at court, claiming those charges back.

[tamadus]

Bj,

 

sorry if we do seem harsh at times, but this really is a self help site. when it comes down to it none of us are solicitors and we are all trying to gain enough knowledge to represent ourselves in a court. NOBODY else can do that for us if any of the banks actually appear in court. Consequently the only way they wont steamroller over us all is if we do the homework.

 

If it comes to it, you and you alone have to attend that court and make your case. You HAVE GOT to know exactly what that case is and speak out. We can only offer advise (good or bad) based on our own experiences, we cannot do the real work for you.

 

Glenn, myself and several others could easily do the work for you but you gain very little if we can't be there to argue the case in court for you. I dont hold insurance for losing court cases so if we did argue it and lost we could lose a fortune ourselves.

 

It really isnt worth fighting the set aside the court and Judges dont like default judgements, if the set aside is granted a hearing date will be set and that's when you have the chance to show a Judge the merits of your claim, just make sure you rehearse your arguments in advance and your ready to counter any arguments the defendant makes.

[tamadus]

as long as your both back on target to fight the battles you need to fight and achieve what you set out to do

 

Back to another thread where somebody has already filled in an N! for a DPA claim and the 40 days isnt even up yet

 

Just shout if you need any help

[tamadus]

Oh very nice , They are only asking for 7 days to file their defence

 

It looks fine ot me Bj