Shoosmiths (Egg) v Egghead (Default Judgment)

[ATW]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

I think that a set aside application would have to satisfy CPR 13.3-

13.3
(1) In any other case, the court may set aside^(GL) or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim

13.3 (a) is the most likely route but that involves preparing a draft defence so that the court can see the defendant has a "real prospect of successfully defending the claim" at trial. To draft a defence we need to know more about the change form a credit car to a loan and we also need to find some defects in the paperwork so that the CCA 1974 comes to our aid. The date doesnt help too if it was 2007 when this loan was executed as the CCA was watered down in 2007 in so far as unenforceability goes.

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Starting to sound like I don't have any realistic options here. Even the prospect of a fight is stressing me.

[Undercover Elsa]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Thanks ATW..

As previously stated, our client will not refrain from entering judgement on the basis of instalment payments and require a lump sum payment in settlement of the debt. We would invite you to consider your personal circumstances and should you be in a position to offer such a lump sum to our client, contact ....

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Thanks for your help everyone. Time for me to accept the consequences? and try to rebuild

[Undercover Elsa]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Not my call, but in the event that it is, what did the judgement say? Did it set instalments or ask for full amount?

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Thanks ATW..

Not that probably matters, but the first letter says:

You have failed to repay the amount outstanding on the above account or agree payment terms with our client.

Please contact us immediately on with your repayment proposals. Our intention is to reach an agreement with you in order to avoid the necessity of court action..........

If we cannot agree during the next 14 days how you will repay the outstanding to arrow, we will issue court proceedings against you for the full sum outstanding together with legal costs. We will not contact you again to warn you that the proceedings will be issued. Any judgement issued by the court against you will be registered at credit reference agencies. this may affect you ability to obtain credit in the future

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Not my call, but in the event that it is, what did the judgement say? Did it set instalments or ask for full amount?

I'm not sure Elsa. I noticed that the default claim was put in on MCOL on Friday, and confirmed when I called the court. I haven't received anything further yet.

[ATW]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Its going to be an uphilll struggle but that does not mean a set aside application would fail. The main problem here is that we just don't know enough about the background and have not seen any paperwork so cant really tell whether it looks good or not and time is not on your side.

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Thanks for the encouragement ATW, my memory in relation to what happened with this account is pretty much non existent, and as stated, i have no paperwork whatsoever relating to this (except from recent ones).

As if there wasn't enough problems, I was hoping to receive my benefit confirmation letter before applying for the set aside, however that may not be until late this week, or even next week. Would that be too late?

Also any suggestion on what to write on the set aside application would be great.

thank you

[Undercover Elsa]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Are you waiting for a decision about income based benefits? Have a look here to see if you qualify for remission of N244 fees

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

I am Elsa,

thank you for this.

Going to the jobcentre today for the first time, so I'm guessing that the entitlement to benefit letter wont be with me for a week at least. Of course I need this to get the exemption from fees.

This situation has really made me feel ill.

[Undercover Elsa]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

ATW, for how long could the N244 application be delayed?

[ATW]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

ATW, for how long could the N244 application be delayed?

Without checking I think there was a case which held that 2 months was too long. I certainly would not sit on this if an application is to be made. Don't forget that if the judgment sits there waiting to be removed it will start to damage the credit file too. A delay in applying will reduce the chances of a successful application.

What is the date on the claim form? Is the judgment for more than or less than £10,000.00?

As matters stand i do not fancy the chances here as so far no defence has been identified. I cannot see how CPR 13 can be satisfied as there is nothing so far to say that if the Claim Form had been received whilst Egghead was not away that he would have been able to draft a defence that held water and would not be struck out. There is simply too little information here.

Being away when the claim arrived will not help with the application if it has been properly served at the correct address frustrating though that may be.

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Hi guys,

The date on the claim form was 13th August 2014 amount under £10k

Judging by your response ATW ...it doesn't sound like I have much hope of doing anything about it anyway

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Not sure if it helps, but I am quite certain now that the loan must have been taken out in 2006