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Hello Joshua,I am back again with one fundament request.

Customer Question
Hello Joshua, I have responded to...
Hello Joshua,
I have responded to the following question in N244 to set asise a judgement aggainst me.

Question read as follow:

What information will you be relying on in support of your application.

I have the idea to suggest the Claimant had not provided the opportunity for me to settle the account and sold my account to debtor and then interferred by returing my account to them and broke my formal agreement with the debtor. In other words the Claimant had been adament to fail me, Is that a right argument, if yes how can my page written statement could be shortened?
Submitted: 8 years ago.Category: UK Law
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Answered in 11 hours by:
6/15/2010
Solicitor: Michael Holly, Solicitor replied 8 years ago
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,088
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Verified

In order to set aside judgment you need 2 things. The first is a defence to the action and the second is a reason why you failed to respond to the claim form.

Your argument that they failed to give you time and opportunity to settle the claim is not a defence to the sum they are claiming but could be a defence in relation to the costs order they have obtained or that have been added to the judgment.

As such you need to confine your application to set aside to the costs and interest elements only.

In which case the evidence in support can be shortened to the fact that the claimants failed to notify you of the intended court action or give you a reasonable opportunity to settle. However you still have to explain why you did not respond to the claim form.

I hope this helps kindly click accept so that I get credit for my answer

Best wishes

 

Yours sincerely

 

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Customer reply replied 8 years ago

you said:

"As such you need to confine your application

As such you need to confine your application to set aside to the costs and interest elements only.

 

I was aiming to set the judgent aside. Is it really something that I can go for or as you say go for "to set aside to the costs and interest elements only."?

Solicitor: Michael Holly, Solicitor replied 8 years ago

Yes you can you can make it clear that you accept the debt but are not prepared to pay costs and interest because they simply sued without giving you a chance to pay

 

Yours sincerely

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Customer reply replied 8 years ago

 

The Claimant has an interin charge on my property and wants to get a final charge on my property. I should go to hearing in two days time, hearing is for 5 mintes, and I have no solicitor to represent me, I have no experince of such court hearing.

 

What this application of mine to set aside a judgent N244 can do any help ?

 

 

Solicitor: Michael Holly, Solicitor replied 8 years ago

The claimant may well get a final charge in respect of the debt if you have no defence to the debt. Go to court prepared to pay the debt and just argue about the legal costs. The judge will either take the point or not and you probably have more chance of success on your own

 

Yours sincerely

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Customer reply replied 8 years ago

 

My only defence to the debt are:

I have not used card for 5 years now and

major portion of the debt is interest and charges

 

Are the above counted as defence?

Solicitor: Michael Holly, Solicitor replied 8 years ago

The fact that you have not used it for some time is irrelevant and if you have not paid it then interest will accrue under the card agreement or terms so, no, there is no defence. Also if you have not paid for some time then I cannot see the court accepting an argument that they rushed off and started proceedings without you having an opportunity to settle the debt.

 

Yours sincerely

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