Shoosmiths (Egg) v Egghead (Default Judgment)

[Undercover Elsa]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

It's so frustrating, if you only had the documents!

If there is chance that there might be PPI or charges on this, might be an idea to do a SAR anyway to reclaim?
Here's the template, should you need it: http://www.all-about-debt.co.uk/inde...subject-access

To access templates you will need to register on there using the same user name and email address as here on the forum. You'll then get an email with an activation link.

[Egghead]

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.

So far as this goes 13.3b - would it not be 'good reason' that I was absent during the whole process by shoosmiths and was unable to respond, seek information or defend the claim?

There would definitely have been penalty charges on the account(s).

I also do not recall signing/acknowledging a CCA in regards to this, and if I did, I cannot know if it was legal.
I can't confirm that the amount they have claimed for is accurate, because they haven't supplied any details of the account.

Any potential help for me to fight this would be appreciated. I feel a bit less sick now, and would like to defend myself.

thanks for the templates also Elsa.

[ATW]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

The problem is that it is all so speculative. You do not have a "smoking gun". Nothing that you can point a judge to and say that is my defence and if i am right on that then they can't have the judgment that they currently have so you owe me the chance to have a trial. You have some things that might turn into something but nothing solid. Your application might work i am not saying (and it is only my opinion on which i may be wrong) that it has no chance but i do think that it will be an uphill struggle without something solid to hang your application on.

a sympathetic judge may grant you the application combined with an order that they disclose the credit agreement and give a breakdown of the amount claimed but a bank orientated one will probably send you packing.

the claimant can say that they complied with the CPR - although the pre-action protocol does not seem to have been observed. They will no doubt trot out the usual line that they would not have opened an account and lent you the money unless they had a signed agreement and that you spent it so should pay it back.

If you had an unsigned copy of the agreement or a dodgy default notice etc that you could exhibit to an application then your prospects would be excellent as you would be able to demonstrate that you do have a defence. WHat you are effectively asking for is the opportunity to explore whether you have a defence as you missed it last time around due to being away when the Claim Form arrived.

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Well, from what you say ATW, I really have no chance (just hard accepting it given the circumstances). I haven't got a legal mind, so the chances of me composing a well written, competitive application would be close to 0.

[Undercover Elsa]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

If Egghead qualified for remission of fees due to being unemployed, would he be liable for costs should an application fail?

I'm assuming you don't have your own house Egghead, so whatever happens, as you're also unemployed they haven't really gained anything from the CCJ as they can't go for a charging order on a property which is what they probably hoped.

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Hi Elsa, I dont have a property or any assets.

Just feels sick for a variety of reasons...that i never even had a chance to defend myself, that they can file a claim without supplying any proof or evidence. All their letters etc. came within the 6 weeks I was away. Very hard to take, and seems very unfair. I didnt even have the opportunity to try and deal with this pre court.

Now, I face the prospect of not being able to land any half decent job.

[Undercover Elsa]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

So sorry Egghead. Whatever happens with this, if you've any other debts lurking please come to us for help first before things get too far. There's a world of difference in your chances of defending a claim before that default judgement hits the mat.

[ATW]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

I'm not saying that the application would fail. I do think you are up against it though. Can you clear the judgment sum within 1 month of it being entered as that way it doesn't appear on your credit file. It mighht be best to just take this one on the chin and move on. If you have any other debts then make sure you have a read of the threads on here and the advice sections to set up your chances as best you can with them.

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Thanks guys,

When i returned back recently, it was with the intention of sorting issues out from the past (including debts) ...this has just knocked me completely, and I will certainly make moves to solve my other debt problems.

ATW, thank you for your advice. But clearly, with your knowledge, you believe it will be difficult to have set aside. So what chance do I have of writing an acceptable application.

Need to try and compose myself at some point. Thanks for your help guys

[Egghead]

Re: Arrow Global/Shoosmiths Default Judgment ? Set Aside

Hi guys,

I am currently trying to prepare the set aside order. However, I'm really unsure about what I should and can say, especially with regards to my draft defence.

Should the defence only try to address the particulars of claim?

Can (or should) I deny having an agreement, when i cant remember if i signed anything or not? can i deny the amount owed, when i dont know how much it should be? question also applies to notice of transfer and anything that you may suggest.

My witness statement basically explains that I was away and not in a position to seek advice on or respond to the letters within the timeframes, and that on being aware of them, i took prompt action to inform the court of my issues and declare my wish to defend in full.

also, should i call the solicitors first and ask them to agree a set aside based on this?

Many thanks

[Never-In-Doubt]

Re: Shoosmiths (Egg) v Egghead (Default Judgment)

I've asked Andrew to pop in and see if he can assist.....

[Never-In-Doubt]

Re: Shoosmiths (Egg) v Egghead (Default Judgment)

Egghead - can you clarify if everything is ok?

[Never-In-Doubt]

Re: Shoosmiths (Egg) v Egghead (Default Judgment)

Egghead - can you clarify if everything is ok?