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Marlin/Mortimer CCJ HFC Marbles Card - Set Aside Help **WON plus Costs**


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If anyone can help this is the evidence I have in a nutshell.

 

POC picture by Spamalot_bucket - Photobucket

 

1. The agreement.. Unenforceable due to no prescribed terms.

2. Default notice 1) (22nd June 2007) insufficient time to remedy

Default Notice 2) (14 March 2008) Insufficient time to remedy, full balance stated in arrears outstanding and action required to remedy therefore effectively terminating the agreement.

Default Notice 3) received in Sars giving different date of 13th March but otherwise identical to DN 2

 

3. NOA from Marlin say agreement assigned 20.5.08 to Phoenix Recoveries.

4. NOA from HFC states agreement assigned 21.5.08 to Carval Investors.( received in Sars, balance stated incorrect as included unlawful charges)

5. POC states agreement assigned to Phoenix 18.07.08.

 

 

 

All amounts stated are incorrect due to unlawful charges, interest being added after agreement terminated.

 

Thanks Spam.:)

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Ok Spam had a quick look at your thread.What a load of nonsence.:confused:

 

A large number of County Court Judgements, CCJ's, are the result of undefended summonses. Usually because the defendant is unaware of the response needed does nothing, so the court enters a 'Judgement by Default'.

The Central Registry then passes the judgements to the credit agencies. A debt can be paid off but the judgement stays on record because no one asked for it to be 'set aside'. Simply because they did not know that it was necessary.

There are other reasons, detailed later, which the courts will or will not accept to 'set aside' e.g. A defendant can state that they have been making regular payments But not if the payments have been irregular.

 

What you will need:-

 

  1. The original summons
  2. The name of the plaintiff. (The one who took out the summons)
  3. The name of the court
  4. The Case Number - Without the case number the courts will not even read an application. If you do not have this, then contact the central registry and ask for details of the judgement and case number. This will cost around £15, paid to the registry.

Reasons to apply for the Set a side:-

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

 

 

 

 

 

 

 

 

 

 

 

  1. Were you given 28 days notice in order to pay?
  2. Were you living at the address when the summons and judgement took place?
  3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
  4. Did you receive the summons? They are not sent by recorded mail.
  5. Maybe you were unable to attend court and defend yourself.
  6. The judgement should not appear on the credit files if it was paid up within 28 days.
  7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
  8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
  9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
  10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
  11. It could have been that you were away from the time between the issue of the summons.

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

 

 

  1. Were you given 28 days notice in order to pay?
  2. Were you living at the address when the summons and judgement took place?
  3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
  4. Did you receive the summons? They are not sent by recorded mail.
  5. Maybe you were unable to attend court and defend yourself.
  6. The judgement should not appear on the credit files if it was paid up within 28 days.
  7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
  8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
  9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
  10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
  11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
  12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
  13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

You can use any of the above reasons to have your judgements set aside.

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

This gives you the chance of having your judgement removed forever.

 

Ok so far Spam back shortly

 

Regards

 

Andy

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Thanks for looking in Andy. :)

 

The judgement was given because my DMC admitted I owed the money.. and I am attempting to get the hearing set aside because I wasn't aware I could defend myself.

 

I have a hearing date for next month so the set aside application was made under the 'did not submit a defence at the time due to bad advice from DMC and now believe there is a good chance of a successful defence.

 

Sadly got to go to work now but will be back later tonight.

 

Thanks again.

 

Spam. :)

Edited by Spamalot

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Ok Spam this i one I have used on a previous case with success, you will need to edit to suit partic with regards to the DNs.

 

 

Case NO…..

 

 

Dear Sir or Madam,

 

RE: FAILURE BY CLAIMANT TO PROVIDE INFORMATION

 

Respectfully, I wish to apply for a set-aside of the Judgment given in this case to the Claimant.

Further to two previous court hearings. firstly on the 31st March 2008 the court ordered that the claimant file & serve within 7 days of the next hearing certain documents of proof of the debt. On the 13th May 2008 I wrote to CL & enclosed a letter for the courts saying that I had not received any correspondence as ordered by the court pertaining to the hearing on the 20th May, 2008. On the morning of the hearing I telephoned the court to ask if any documents had been filed and was told no , I was due in court that afternoon. I attended court to find that the hearing had been adjourned by request from CL as they had not received sufficient notice to file & serve the relevant documents.

 

I the defendant would like to make the court aware that the hearing that was held on the 31st March 2008 where the Judge ordered that the claimant file & serve certain documents I received the order for the next hearing on the 5th April and checked with the court that the same order had gone out to claimants at the same time. I have to say that it seems convenient that the claimants say that they didn’t receive the copy of their order until the 14th May 2008 I then wrote to them on the 12th of May 2008 where the letter was ignored butt prompted them to ask for an adjournment

 

I would therefore respectfully seek the Courts permission to request sight of the deed of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in

law per W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169

 

It is therefore averred that I the Defendant does not know the case that has to be met and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970.

 

Regarding that which is denied, on 13th January 2008 I requested the disclosure of information pursuant to the Civil Procedure Rules, (which they received signed for) whichi s vital to this case from the claimant The information requested amounted to copies of the Credit Agreement referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, Claimants are in default of said request under section 78(6)(a) of The Consumer Credit Act 1974.

 

To Date the claimant has failed to comply with my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person.

 

The Claimant, possessing no legal right claim monies allegedly owed, has acted unlawfully in obtaining a CCJ and furthermore issuing a Charging Order and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists.The claimant also claims £XX XX in charges. I refute these are payable. These are default charges levied on the account for alleged late payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

1 In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.

 

Regards

 

Andy

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Thanks again Andy,

 

I have used some of the above and begun to attempt my set aside defence and explanation for the application etc. and would welcome any and all editing advice as I am really unsure of this aspect and just how much detail I need to add at this stage. I'm assuming that at this point and from your posting that case law etc. is not needed at this juncture.

 

This is what I've come up with so far..

 

Case Number xxxxxx

 

Dear Sir or Madam,

 

I refer to the above judgement which was awarded against me at the Northampton County Court on xx xx xx.

 

I am the defendant.

 

I did not defend the above claim at the time of issue as I had been using a Debt Management Company to deal with my creditors’ correspondence and they, on this occasion, advised me to send the claim form to them and they would ensure that it was dealt with. I was led to believe that I was just supplying income and expenditure details to the court to prove that was all I could possibly afford to pay at this time, as Marlin Financial Services, Administrators for the Claimants Phoenix Recoveries, were attempting to pressure me into paying at least three times more than the amount I was offering and could comfortably manage. I mistakenly believed the claimants requested the courts involvement with regards to finalising a payment schedule for an alleged credit card debt and was completely unaware that the claim would lead to a County Court Judgement as this is the first time I have been involved in anything of this nature

 

I have Email and written correspondence with my then Debt Management Company proving my ignorance of the situation and how I was misled into believing that I was only supplying Income and expenditure details and have attached them for your perusal.

 

I have also attached a copy of the original claim form showing that it has not been filled in in my hand save for the signature and details of employment.

 

I had also corresponded several times with my DMC in the months previous to the claim with regards to the alleged amount owing on the credit card and the fact that no statements had been issued or received by me for many months. There was also a letter regarding the alleged assignment of the debt to Phoenix Recoveries but I was advised to leave it all in the DMCs’ hands.

 

My first knowledge of receiving a County Court Judgement was when it was sent to my home address in February.

 

Since the Judgement was issued I have researched my case and believe I have the grounds to submit a successful defence and would respectfully request that the judgement be Set Aside to enable me to fully defend the claim.

 

 

Particulars of Claim.

 

 

  • By a credit agreement in writing between HFC and Spam dated xxxxxx ( the agreement), HFC agreed to issue a Credit Card upon the terms and conditions set out therein.
  • In breach of the agreement, Spam has failed to make not less than the minimum payment shown on the monthly Statement.
  • The agreement was assigned to the claimant on 18.07.08.
  • The claimant served a default notice on Spam stating the amount due and requiring the Spam to pay the same.
  • Spam failed to pay and the agreement was terminated.
  • The claimant therefore claims 1. £xxxx.xx 2. Interest at the rate pursuant to the Agreement namely 14.56 & continuing until judgement or sooner at the daily rate of 1.82 or in the alternative interest pursuant to section 69 of the County Courts Act 1984. Also, interest at the rate pursuant to the agreement from the judgement date until payment.

With regards to the Particulars of the Claim this is a brief summary of my defence.

 

 

 

1. It is admitted that I signed a document with HFC but it is not admitted I signed an Agreement. A copy of an application form for a Marbles Credit card has been provided to me but it does not contain the prescribed terms and conditions to enforce the alleged agreement. The Claimant is put to strict proof that such a document exists.

2. ????

3. It is admitted that a Notice of assignment was received from Marlin stating that Phoenix Recoveries had been assigned this alleged agreement on 20.5.08. The POC states the assignment occurred on 18.07.08. This renders the Notice of Assignment invalid due to it containing an incorrect date. I had not received any notification of assignment from HFC, the original creditors at this time. But having received a reply to my SAR to HFC a notice of assignment was included which was dated 19.5.09 and stated that on 21st May 2008 the alleged agreement was assigned to Carval Investors and I therefore dispute the right of Phoenix Recoveries to bring this matter to court and request that the deed of assignment be produced at court to prove ownership of the alleged agreement

4. It is not admitted that a default notice was served on the defendant by the Claimant. Two default notices were received by the defendant which were issued by HFC. The first was dated 22nd June 2007 and gave until 5th July 2007 to remedy. This did not give the full 14 days and therefore rendered the default invalid. A second default notice was issued by HFC on 14th March 2008 and gave until 31st March 2008 to remedy, once again not the full 14days. This last notice also stated the full balance as the arrears and action to remedy so therefore by demanding the full balance of monies not yet owed effectively terminated the agreement. Both default notices also included unlawful charges in the balances.

5. ????

6. The amount claimed included unlawful charges.

 

 

The Claimant, possessing no legal right to claim monies allegedly owed, has acted unlawfully in obtaining a CCJ and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. The claimant also claims £XX XX in charges. I refute these are payable. These are default charges levied on the account for alleged late payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

1 In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.

 

 

Comments Please. Thanks Spam. :)

Edited by Spamalot

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Ok Spam we need to polish a tad, be careful that you do not turn it in to a Witness Statement, it must defend the points raised in the Claimants P.o.C. i would advocate removing the Claimants P.o.C from your defence.I will provide you with a section also refuting the Claimants Claim to section 69 interest shortly.

 

Regards

 

Andy

Edited by Andyorch

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Spam you need to start your defence off with :-

Respectfully, I wish to apply for a set-aside of the Judgment given in this case to the Claimant.Then flow into your defence.

I will try to illustrate by advising what I write when drafting defences. First, I always write(or words to the effect of),

"The Defendant denies that he is liable as alleged in the particulars of claim, or at all." Once you have made that statement, of course you are saying no monies are owed. Beyond that, when you raise issues in respect of charges or anything else, phrases that are used include, "If that which is denied," or "In respect of the alleged agreement, to which penalty charges have been levied." You get the picture! There are many ways of raising points without admitting a damn thing! It's quite amusing the way things are worded when you think about it, you can accuse the creditor of all sorts without admitting liability! That's the funny quirk that law has!

So write it as an holding Defence if you mix the two ie Witness Statement you may fall foul of admittance

Here is the section you also need to include towards the end

 

 

The claimant also wishes to claim interest under section 69 of the County Courts Act 1984. Under Section 69(4) Interest shall not be awarded when interest on a debt is already running. This is a claim under a regulated agreement and as such, an interest vehicle is operating and as such, interest is not claimable

Regards

Andy

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You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

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Thank you Andy :) and welcome to my nightmare Josie :eek:

 

I will go back to the drawing board with regards to the defence and use the advice you have given.

 

Do you think the summary of my reasons for admitting and not defending the claim originaly is ok? As I said I'm really out of my depth and I know that is the first hurdle I have to jump before I'm allowed to go ahead with a defence.

 

Thanks again,

 

Spam.:)

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Here is another stab at the defence side.. I hope I have the right end of the stick this time!!

 

Respectfully, I wish to apply for a set-aside of the Judgment given in this case to the Claimant.

 

The defendant denies that spam is liable as alleged in the Particulars of claim, or at all.

 

In respect of the alleged agreement it is denied that any such agreement was entered into by Spam and HFC and the claimant is put to strict proof that such an agreement exists.

 

Should it be proved that such an agreement exists, it is denied that the claimant has the legal right to enforce that agreement and therefore is put to strict proof of their rights of ownership by way of Assignment and thereby requests that the court ask for production of the Deed of Assignment.

 

The defendant denies that a valid Notice of Assignment was received and therefore puts the claimant to strict proof that one was issued in line with the Law of Property Act 1925.

 

The defendant denies that a default notice was received from the claimant and therefore the claimant is put to strict proof that one was issued and of the contents supposedly stated therein.

 

 

In respect of the alleged agreement, to which penalty charges have been levied, it is denied that any monies are owed to the Claimant.

 

The Claimant also seeks to claim interest under s.69 of the County Courts Act 1984 Under Section 69(4) Interest shall not be awarded when interest on a debt is already running. This is a claim under a regulated agreement and as such, an interest vehicle is operating and as such, interest is not claimable.

Hopefully I'm getting closer this time, it's such a complicated business!! :eek:

Comments and edits welcomed,

Thanks Spam. :)

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Ok Spam looking better.

 

When you are applying to have a Set a side there is an approach that you need to follow(bit like a replay really)

Firstly application for set a side stating reasons for the application (keeping it very simple and in line with the guidance i posted earlier on).From that list check what reasons fit yours and draft a short statment to attach to the N244 (i appreciate that you have already got past that stage).

Now we have the hearing and wish to seek application success for the application and in fact the DJ does grant the Set a Side.This is were you will mention the alleged account with your DMC,and if you had know this and that etc....So giving good enough reason for the set a side and of course the DJ allows it, we can now rewind to the beginning and submit the Defence that we would have initially if aware of what was happening out of your control.Are you getting the picture Spam?

 

Regards

Andy

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Hi Andy,

 

I think I am, but I'm still a little confused. :confused:

 

When at the set aside hearing do I first need to prove that I am capable of a successful defence and then if that is granted, give my reasons for having admitted/failed to defend originally?

 

Or, Is it the fact that as it has got as far as a hearing for a set aside that my reasons for not defending in the first place which were on my Statement of truth on the N244 have now have been accepted by the court and I may just have to elaborate on them and provide proof of my lack of knowledge at the time or am I only beeing granted a hearing 'cause I've paid the £75.

 

It's the County Court System and protocols that confuses me most and getting my head around what I have to do where and when is tying me up in knots!:eek:.

 

Spam.:)

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Hi Andy,

 

I think I am, but I'm still a little confused. :confused:

 

When at the set aside hearing do I first need to prove that I am capable of a successful defence and then if that is granted, give my reasons for having admitted/failed to defend originally? Yes simple and fact

 

Or, Is it the fact that as it has got as far as a hearing for a set aside that my reasons for not defending in the first place which were on my Statement of truth on the N244 have now have been accepted by the court and I may just have to elaborate on them and provide proof of my lack of knowledge at the time or am I only beeing granted a hearing 'cause I've paid the £75. Yes again you can defend any claim brought against you but be careful not to admit anything at this stage

 

It's the County Court System and protocols that confuses me most and getting my head around what I have to do where and when is tying me up in knots!:eek:. I understand that Spam and is quite normal for LiPs

 

Spam.:)

 

Regards

 

Andy

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Morning all, having been back to the drawing board again, I've had another stab at the defence. as below. As usual input and editing welcomed. ;)

 

 

 

Respectfully, I wish to apply for a set-aside of the Judgment given in this case to the Claimant.

 

The defendant denies that spam is liable as alleged in the Particulars of claim, or at all.

 

In respect of the alleged agreement, a request was made under sec 77/78 of the Consumer Credit Act 1974 on 1.4.09, The Data Protection Act 1998 on 6.4.09, and CPR 31.14 on 30.4.09, 11.05.09 and 19.05.09 for a copy of the agreement All requests were sent registered post and signed for. A satisfactory copy of an agreement was not produced. It is denied that any such agreement was entered into by Spam and HFC and the claimant is put to strict proof that such an agreement exists.

 

Should it be proved that such an agreement exists, it is denied that the claimant has the legal right to enforce that agreement and therefore is put to strict proof of their rights of ownership by way of Assignment. A request for the copy of Assignment was made under Data Protection Act 1998 on 6.04.09 and CPR 31.14 on 30.04.09 11.05.09, all requests were sent registered post and signed for, but it was not produced by the Claimant.I would therefore respectfully seek the Courts permission to request sight of the deed of assignment of the alleged debt. In addition, the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in

law per W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169.

 

 

 

The defendant denies that a default notice was received from the claimant. The Consumer Credit Act 1974 s. 87 (1) states

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement (a) to terminate the agreement.

 

A request was made for copies of default notice(s) under the Data Protection Act 1998 on 6.04.09 and CPR 31.14 on 30.04.09, 11.05.09 and 19.05.09 by registered post which were signed for, but none were produced, therefore the claimant is put to strict proof that a default notice was issued by the claimant and of the proof of service.

 

 

The defendant also denies that a notice of Termination of the alleged agreement was received. A request for copies of a notice of Termination was requested under Data Protection Act 1998 on 6.04.09 and CPR 31.14 on 30.04.09, 11.05.09 and 19.05.09. All requests were sent registered post and signed for. No Notice of Termination was produced by the Claimant.

 

To Date the claimant has failed to comply with my request under the CPR and Data Protection Act and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person.

 

 

In respect of the alleged agreement, to which penalty charges have been levied, it is denied that any monies are owed to the Claimant.

 

 

The Claimant also seeks to claim interest under s.69 of the County Courts Act 1984.Statutory interest on a regulated agreement is prohibited in accordance with the county courts (interest on judgment debts) order 1991.

The Claimant, possessing no legal right to claim monies allegedly owed, has acted unlawfully in obtaining a CCJ and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

 

The Claimants have not established any legal right to issue a claim or proven that any debt exists. The claimant also claims £XX XX in charges. I refute these are payable. These are default charges levied on the account for alleged late payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.

 

Thanks,

Spam. :-)

Edited by Spamalot
Deleting and adding text

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Just a mini mini update referring to my disclosure application.

 

BTW I spoke to the court today and it looks as though my request for disclosure is still going to be heard after my Set Aside hearing.

 

I did query the fact that I really wanted to see the docs before the hearing as I needed them for my defence, and that if the judgement doesn't get set aside then I've wasted money and the courts time, but she said the judge wants to deal with it all at the same time and give directions and I probably won't have to come back to court after that.

 

 

I received a short and to the point letter today from the court saying...

 

' Your letter of the 8th June has been referred to the District Judge who comments:

 

You can raise any issues at the hearing on the 19th August 2009.

 

Hmmmm. Any Issues? :p

 

Spam. :-)

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They say money talks......mine just keeps saying "Goodbye"

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  • 2 weeks later...

Hi all,

 

Not 100% sure if this is the way to go, but I'm hoping this will add a belt to my braces... I have submitted an application to the court to withdraw my 'alleged' admission of the claim under CPR 14.1a in the understanding that my set aside application is 'fresh proceedings' and the application for withdrawal is made 'before commencement of proceedings'.

 

In the abscence of legal advice, only time will tell if this is correct :rolleyes:.

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Hi all,

 

Not 100% sure if this is the way to go, but I'm hoping this will add a belt to my braces... I have submitted an application to the court to withdraw my 'alleged' admission of the claim under CPR 14.1a in the understanding that my set aside application is 'fresh proceedings' and the application for withdrawal is made 'before commencement of proceedings'.

 

In the abscence of legal advice, only time will tell if this is correct :rolleyes:.

 

Spam.:)

 

Blimey Spam, you got that out of the way pretty quickly! :D

 

I wish I was as fast at these things as you seem to be.

 

Good luck with it, hope it goes through OK!

 

Cheers

Rob

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spam i posted smth on robcags thread as u seem to be picking stuff up from there. may be of use

cheers r&b

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The Claimant also seeks to claim interest under s.69 of the County Courts Act 1984 Under Section 69(4) Interest shall not be awarded when interest on a debt is already running. This is a claim under a regulated agreement and as such, an interest vehicle is operating and as such, interest is not claimable

 

You should write that statutory interest on a regulated agreement is prohibited in accordance with the county courts (interest on judgment debts) order 1991.

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Hi all,

 

You should write that statutory interest on a regulated agreement is prohibited in accordance with the county courts (interest on judgment debts) order 1991.

 

Thanks for that, I have amended my 'defence' accordingly..:)

 

R&B,

 

Thanks for your input too.. I have picked it up and it looks as though it could be very useful. ;)

 

I hope there's been some helpful stuff there that you have been able to use for yourself too.

 

Thanks again, Spam :)

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They say money talks......mine just keeps saying "Goodbye"

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R&B,

 

Thanks for your input too.. I have picked it up and it looks as though it could be very useful. ;)

 

I hope there's been some helpful stuff there that you have been able to use for yourself too.

 

Thanks again, Spam :)

 

quite apart from the factual input spam, your enthusiasm has been the 'helpful stuff' u mention. i keep trying to rep u but it wont allow me. i shall have to start dishing it a bit more freely til i can do so :wink:

 

we ll get there in the end....

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Ok, Time for an update...

 

I received a letter from the court today saying that my application to withdraw my admission has been before the DJ and IT IS ORDERED THAT ......The application to be reconsidered at hearing on 19th August.

 

Hm..That's helpful :rolleyes:... at least it wasn't dismissed with a 'Fat chance Spam..'

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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hhmm looks like this a make or break hearing spam....how long has been allocated, cos this may take a while if ALL is to be put forward and considered properly?

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