Lowell (Orange) v LifeOfRyan **SET ASIDE**

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Hi all, BW Legal are playing dirty, although they had told me the claim was on hold, I have just received judgement by default , they never did send me any proof to back up the claim, so I think I need to use form N244 to have this set aside? Is this correct?

[The Tech Clerk]

Re: Court Claim from Lowell - Orange Contract

yes

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok well it seems applying to have it set aside is out of the question as I don't have a spare £155 for the fee, and even then the debt will still be there, I hate this country!

This is the last letter received from BW Legal and as you can see it clear state account on hold until documentation has been provided.

[ATW]

Re: Court Claim from Lowell - Orange Contract

Invite them to set it aside by consent. You have clearly been misled. Tell them you will apply to set aside and will exhibit their letter and will ask for costs for unreasonable conduct if they don't set aside by consent. If it sits there for more than 1 month it will appear on your credit file. You could potentially have a claim for damage to credit rating if they dont pull their finger out.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Ok thanks for that, dads going to help with drafting a letter up.

[LifeOfRyan]

Re: Court Claim from Lowell - Orange Contract

Here's the letter my dad drafted, could someone please check it and let me know what you think? Many thanks

Dear Sir/Madam


I note your unreasonable behaviour in gaining a default judgment on the above unproven debt under claim number Dated 22 August 2014.


My last letter received from you (see attached) clearly stated that the debt is and will remain on hold until documents proving the debt is owed are provided (copy attached) this letter was dated 25^th March 2014 and since this date no documents pertaining me to this debt has been provided and I remained in the knowledge that it was still on hold until they are.


It is clear due to time past that there are no such documents because if there was you and Lowell Portfolio 1 ltd have had more than enough time to supply such documents.


I now request that you agree to set it aside by consent as clearly the courts have been mislead and you have overstepped the powers of Justice.


If you do not agree to set aside by consent you will leave me with no other option than to apply to the courts myself and exhibit your letter in which you agreed to put the matter on hold, I will also be seeking my costs from you in having to do this.


I will also be seeking damages to my credit file if this CCJ is entered on my file as clearly it is an abuse of your powers to get such a default judgment without you providing proof of the debt as it hinders my own defence.


Due to time I request that you act swiftly and certainly within 7 days failure to act on this will result in cost to you.


Yours Sincerely

[oscar]

Re: Court Claim from Lowell - Orange Contract

Looks good to me - but wait for ATW or Niddy to confirm

[ATW]

Re: Court Claim from Lowell - Orange Contract

Here's an alternative draft for you to use or cannibalize or ignore as you see fit-


Without prejudice save for the set aside application.



Dear Sirs,


On the 25^th March 2014 you wrote to me stating that debt is and will remain on hold until you had located documents that I had requested. I heard nothing further form you about this and therefore quite reasonable assumed that the matter remained on hold and that your search for documents was ongoing. I relied on the comments in your letter and delayed filing and serving my defence pending receipt of the documents that you were looking for.

Far from putting the claim on hold you have applied for a default judgment against me and this was granted on the 22^nd August 2014. I intend to apply to have that judgment set aside and in my application I will exhibit a copy of your aforementioned letter to my application on which I relied to my detriment.

You will no doubt be aware of the recent case of Durkin v DSG Retail Ltd [2014] UKSC 21 where the Supreme Court by a unanimous decision awarded Mr Durkin damages of £8,000.00 due to his credit record being damaged as a result of the breach of duty of care by DSG Retail Ltd. They were aware that the account was in dispute but went ahead and placed a default marker on his credit file. If my credit file is damaged by your actions I reserve the right to claim damages from your client and will include such a claim in my defence and counterclaim.

In the circumstances I offer your client 2 options:

1. They consent to the default judgment being set aside and thereafter discontinue the claim brought against me with each party bearing their own costs save that your client should pay the application fee. I will agree in such circumstances to not pursue a claim for damaging my credit record by entering a judgment against me in circumstances which clearly misled me.
2. They consent to set aside the judgment entered against me. I will thereafter file and serve a defence and counterclaim which will include a claim for damage to my credit record and the matter can proceed to trial to be determined on its merits. Each party should bear their own costs of such an application save that your client should pay the court fee.

Time is clearly of the essence with my application and I will therefore have to make an application by the 16^th September at the latest. I reserve the right to refer to the contents of this letter if such an application is made.

[PlanB]

Re: Court Claim from Lowell - Orange Contract

Here's an alternative draft for you to use . . . .

In the circumstances I offer your client 2 options:

1. They consent to the default judgment being set aside and thereafter discontinue the claim brought against me with each party bearing their own costs save that your client should pay the application fee. I will agree in such circumstances to not pursue a claim for damaging my credit record by entering a judgment against me in circumstances which clearly misled me.

2. They consent to set aside the judgment entered against me. I will thereafter file and serve a defence and counterclaim which will include a claim for damage to my credit record and the matter can proceed to trial to be determined on its merits. Each party should bear their own costs of such an application save that your client should pay the court fee.

Wow, I wish I could write letters like that

It's all about taking control of the situation. Telling them what you expect them to do rather than asking them what they're planning to do.

In this case you've made Lowell an offer they can't refuse. In fact you've given them two options to chose from and if they've any sense they'll select Option 1.

[pompeyfaith]

Re: Court Claim from Lowell - Orange Contract

Thank You ATW and Niddy that letter worked and Judgment is now Set Aside with the likelyhood of them getting Documents to prove the debt being vertually zero

[Undercover Elsa]

Re: Court Claim from Lowell - Orange Contract

Absolutely brilliant news PF!
I'll amend the thread title accordingly

Elsa x

[IF]

Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

Brilliant Pompey and Ryan, well done to all involved.........makes my day hearing of good news on AAD

[pompeyfaith]

Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

Thank you Elsa and IF

[Never-In-Doubt]

Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

Awesome result mate

I've Removed the letter image - personal info (reference) was showing. Please edit & re-upload

[LifeOfRyan]

Re: Lowell (Orange) v LifeOfRyan **SET ASIDE**

A massive thank you to everyone for there input on this particularly Niddy and ATW I could not have done it without your expert knowledge, I really have experienced first hand now how vital this forum is for people so really i honestly am very grateful for what you have done im chuffed to bits. Victory is ours!... docs from the court arrived today confirming it has indeed been stayed and set aside with no cost orders