setting aside default judgment-please help

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setting aside default judgment-please help

Postby Cambio » Sun Oct 23, 2011 5:23 pm

Ok.....story is - default judgment passed against my name in 2008 with regards to a debt. Order to attend court for questioning on 23rd jan 2012.

The following is a letter/notice to set aside judgment that i am planning to send attached to a N244 form. (Upon V`s advice-as opposed to just filling out their form). Its pretty much been written off the top of my head over the past 2 hours and contains pretty much everything i can think of here and now and what i want to say.

Also partly upon the advice of a friends father who is an accountant by trade, but also a mason. He has a lot of faith in the system (prob because he drinks with the district judges at the masons lodge and sees them all as good chaps who are on our side). I dont share the same faith so im posting it on here in the hope anyone can offer further advice b4 i send it off. I should point out that as yet my friends father has not read it or advised in its writing........he merely told me to write to them explaining my circumstances and theyd prob just throw the judgment out (I wish ....but dont share the same faith).

The following is the letter with personal info blacked out. I have not announced in the letter that I wish to claim common law jurisdiction as I am unsure whether or not i can do this as a judgment has already been passed (can i still claim common law grounds? or do I have to set aside judgment first then claim common law at the hearing??? any help on this minor matter would be greatly appreciated)

Anyway here is the letter, any commentc/amendments welcomed

In care of ####: ####,
##### ### ### # # ###,
##### ####
(Near) DH1 ###.

To the District Judge,
Durham County Court,
Civil and Family Justice Centre,
Green Lane,
Old Elvet,
DH1 3RG.

Re: Order to attend court for questioning, dated: 14 September 2011

Claim Number : #########

Claimant : Arrow Global Ltd
Defendant: MR #### ######

Dear Sir/Madam,
I am writing with regards to the enclosed paperwork that was discarded upon the floor of my Dwelling on the 4th September 2011. The Order was not properly served as I did not accept the documentation, nor was it sealed in an envelope, it was merely thrown upon the floor of my dwelling by an agent unwilling to identify himself upon request, and nor did he seem inclined to wait for me to call some peace officers. Nor did this agent verify my identity. This act was witnessed by my flatmate #### ######. It was addressed in the name of MR #### #####.
I enclose the original paperwork as received, but retain a copy for my records.

The paperwork states that a Default judgment was obtained against MR #### ##### on the 23rd of January 2008 by the Northampton (CCBC) county court in claim no. ######.

This Notice is being sent to inform you that I, ####: ####, lawful agent and third party representative for MR #### ##### did not receive the paperwork with regards to the above mentioned court action and was therefore unable to file a defense or challenge the claim. Additionally any consent given to such actions/judgments was tacit or assumed consent which I hereby revoke.

From the following dates: on or around October 2007 until May of 2010, I was working internationally with a production company called FELD Inc. This company is noted for its "Disney on Ice" and "Barnum and Bailley Circus" productions. As such I was working in different cities and or countries for over 3 years. This term of employment was not under contract due to the nature of the work, ie- Working days quite often exceeded 20 hours (illegal under European Contract Law) as was necessary to ensure the travelling show adhered to its set schedule. I have been trying to contact former managers to see if I can obtain a witness statement as some form of proof, however this is proving difficult, largely due to the nature of the work and schedule the managers are under. I do present however some photocopies of my ID badge, tour schedule and work badge.

Whilst away working, my brother who has suffered with long term mental health problems (whom I lived with at my previous address, to wit ### ######### Road), was evicted from the property and vast majority of contents (including many of my personal affects) were undoubtedly removed and discarded As a result, any paperwork delivered to the above address would likewise not have been received and if it was, not by me nor was any knowledge of any paperwork received paassed on to myself.

After returning to the UK in May of 2010, I was of no fixed abode until the 18th October 2010. Despite the economic and employment problems faced by many at the time, I found employment in May 2011 working for a home care agency. This has involved adapting to an entirely new type of work and as yet I still have plenty of training to undertake, which requires my mind to be "on the job" and on the training in hand so to speak, and therefore such erroneous claims are causing undue stress and affecting my abiility to focus on my work.

On or abouts March 14th 2011, Arrow Global Ltd, had a letter sent to my elderly grandmothers address (why I do not know since I had been living at my current dwelling since October the previous year). Their letter included a case number which I assumed to be nothing more than a number for their records or an attempt at intimidation (since a the time I was unaware of any outstanding court action against me). Their letter stated nothing about any outstanding CCJ stating:-
"This letter is to inform you [MR #### ######] that with effect from 5th November 2010 under a written assignment the debt that you owe to FV-1 Inc, has been sold to Arrow Global"
And furthermore,
"Please take note that FV-! Inc is no longer the data controller with regard to your personal information. You should consider Arrow Global Ltd to be your new data controller......."

Since I had never heard of either of the above mentioned companies, acting as lawful agent for MR #### #####, I sent Notice of request for clarification with regards to their letter. No reply was forthcoming. I sent a further two Notices for request of validation and clarification. No replies were forthcoming. I had assumed at that point that the matter was over and done with since I was not receiving any word back within the given time frames and was anyway, unaware of any debts tied to the name MR #### #####. I have documented proof of these letters and proof of postage/receivership.

After visiting various legal websites, including, the following paragraph caught my attention whilst researching how to get a judgment set aside:

"If you are the Claimant and you become aware at any stage that the particulars of claim may not have reached the Defendant you should apply to set aside any judgment which has been made."

It is my understanding that after receiving my correspondence, Arrow Global Ltd, with respects to the above paragraph, should have applied to set aside judgment long before now since it is clearly implied in my communications to them that not only had I not received the particulars of claim, I had not even heard of them(Arrow Global Ltd), hence the Notices of Request for Clarification/Validation.

In your reply to this letter, could you please clarify as to whether or not, after contacting Arrow Global Ltd the responsibilty fell to them (the claimants) to set aside judgment as the defendant had not been made aware of the particulars of the claim?

As of the 4th September 2011 when the above mentioned "Order to attend court for questioning" was discarded upon the floor of my dwelling, it became apparent that Arrow Global Ltd had not replied to the letters/notices because court action had already occured, albeit without my knowledge or consent.

I feel that since I became aware of the company Arrow Global Ltd and their erroneous claim, I have endeavoured to handle this matter properly and within the scope of the law by requesting proof of their claim(s) since they are obviously a third party in this matter whom I have never heard of (nor have I ever heard of FV-1 Inc), nor have I , to my knowledge, ever signed any contract with them and reserve my rights under law to Privity of Contract and to deal directly with whomsoever claims to be the original creditor to this debt.

Please forgive the format of this letter and the way in which it has been written. This has not been done with frivolity or vexatious intent but merely with a view to the fact that I, the human being ####: ##### cannot admit liability for a debt that I know nothing about. I Cannot admit any liability, even if I wanted to, until such time as I have received some form of proofs to their claim comprising but not limited to:-
What this debt is for.
Who the original creditor is.
When this debt is from.
Proof of contract or even a copy of the original.

I do not understand how anyone can admit liability for a debt if they are kept in the dark as to what the debt is for. To wit, how can I possibly know if I have any lawful/legal obligation to pay a given debt if I am not informed as to what that debt is. This seems very clear cut to me and I can only apologise if this request seems outlandish to the court but I am all to aware of the erroneous debts that are passed around, many of which are not even valid. Just last year a friend received a demand from "Orange" phone cmpany demanding he pay £70 thereabouts that they claimed he owed for a contract from a few years earlier. The friend in question had, and has, always used an employee contract with "T-Mobile" and therefore has NEVER had an Orange mobile contract. I understand this is just Hearsay, I only include it to support my reasoning and convictions contained within this letter.

With regards to a defence against this claim I have not received the particulars but I am aware that the following acts may be applicable to this matter:-

The Limitation Act of 1980 - I cannot say with surety whether or not this act is applicable since I have not been informed as to when this debt is from.

The Bills and Exchange Act of 1882 - Which clearly states that once a debt has been paid, said debt is extinguished. Since I have never heard of the company Arrow Global Ltd, it would be safe to assume I have never signed a conract with said company and they are therefore in breach of good faith, to wit, coming to a lawfully binding agreement with the debtor regarding repayment, before discharging/buying said debt.

Of course I cant be sure of a defence until the particulars of the case are made clear to me.

In addition I wish to include a brief personal statement:

For many years I suffered intense depression and my working life was sporadic, constantly interrupted with pressures from family and adverse health conditions. I received an opportunty of employment which helped me get away from various factors contributing to my depression (namely family and economic). Upon returning I found it very difficult to find a job because of the economic pressures being felt by the entire country and additionally by my lack of anywhere to live. However, despite the set backs I have persevered and have just started getting my life back together. I have to say that my faith in the British Justice System is somewhat faltering with regards to these recent events.

I cannot afford legal counsel and would, if possible, prefer to retain my standing by not accepting the benefit privilliges of legal aid and rejecting all offers of contract until such time as your arbitration services are required, ie:- once I have recieved some proofs of claim from the company Arrow Global Ltd.

Therefore I hereby request that:-

1 The judgment made on the 5th November 2008 be set aside for the reason that the defendant did not receive notice of the proceedings.

2 The defendant be allowed to file a defense to these proceedings.

3 The claimant to pay the costs of this application (especially since the claimants were made aware some months ago that the defendant had never heard of them or received any particulars of claim). This application is likely to take 30 minutes.

Furthermore I request an order that execution of judgment entered against MR #### ###### on 5th November 2008 be stayed pending a final decision on the application to set aside judgment.

The grounds of this application are as set out in the letter above.

Statement of Truth

I believe tthat the facts stated in this notice and request for judgment to be set aside and a stay of execution are true.

Dates this of.............................2011

To the court and
to the claimant

####: #####
Peaceful Inhabitant at the above dwelling

of ######,
#### ### #### ## ##,
(Near) DH1 ###

at which address he will accept service of proceedings.

Without ill-will, vexation or frivolity,

WITHOUT PREJUDICE ie- all natural inalienable human rights preserved.

Not sure if iv said too much/too little whether I should enlighten them to what my defence willl be. Likewise iv been told by the court that they have the right to refuse to set aside judgment and as such I worry that if i mention common law / challenge to their jurisdiction they willl simply refuse to set aside the judgment in order to prevent any such challenge to their authority.

Thanks in advance for any suggestions.
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