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Moon phases

I’m a new member

+3

Lopsum

daveiron

GotBanned

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The GOODF Approach :: Community :: New members

Page 1 of 1

I’m a new member

by GotBanned Fri Jun 16, 2023 1:17 am

Hi there

I’m new so be gentle

I learned about this place from my mate durning a brief soujourn at HMP

Don’t ask and I won’t tell but I thought it would be best to speak the truth at the outset

Anyway I just got back and found a very recent message about a debt with court order so some help with how to start and some pointers what to read would be a massive help

Thanks in advance

Ciao

Last edited by GotBanned on Sat Jun 17, 2023 1:18 am; edited 1 time in total

GotBanned: Not so newb; Posts : 12
Join date : 2023-06-16

Re: I’m a new member

by GotBanned Fri Jun 16, 2023 1:50 am

Hi

Ive got 2 topics to deal with so if you don’t mind I’ll start a thread for each one
Cheers

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Re: I’m a new member

by daveiron Fri Jun 16, 2023 9:24 am

Welcome.

More info on the debt please,
Never post anything that could id you ie; exact amounts / name address /anything
showing a bar code etc.

A good place to start is;
https://goodf.forumotion.com/t5263-the-new-goodf-approach-please-read-this-first

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Re: I’m a new member

by Lopsum Fri Jun 16, 2023 10:15 am

welcome to the site , please read through our forum rules and if your a good boy you wont "getbanned" Very Happy

Very Happy

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Re: I’m a new member

by waylander62 Fri Jun 16, 2023 5:15 pm

welcome you are in good hands here

firstly i would tread carefully initially in respect of the debt and court order until you can find out more.

can you give us a bit more information

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Re: I’m a new member

by GotBanned Fri Jun 16, 2023 7:41 pm

waylander62 wrote:

can you give us a bit more information

Yes absolutely but any question will need to be more specific as answers carry prejudice with others looking in. Ask me what you want to know and I will try to answer & also not alert any third party - I hope you understand

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Re: I’m a new member

by assassin Sat Jun 17, 2023 3:14 am

Hi and welcome.

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Re: I’m a new member

by waylander62 Sat Jun 17, 2023 9:15 am

ok

first thing would be you mention debt and court order, from this i can only assume you have now discovered that you were taken to court for a 'debt' and the court found in favour of the claimant by default and you now have a county court judgment against you .

this for me would be a starting point am i correct or close ?

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Re: I’m a new member

by GotBanned Sat Jun 17, 2023 3:57 pm

waylander62 wrote:ok

first thing would be you mention debt and court order, from this i can only assume you have now discovered that you were taken to court for a 'debt' and the court found in favour of the claimant by default and you now have a county court judgment against you .

this for me would be a starting point am i correct or close ?

Yes that’s absolutely correct but I would also add legally speaking I was unable to respond due to an enforced circumstance. I would think I have the power to have the order set aside because of the above mentioned circumstance.

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Re: I’m a new member

by waylander62 Sun Jun 18, 2023 2:29 pm

yes that is true, but tread a little carefully because you have the right to apply for set aside no doubt about that but.....

you are in the civil courts which are not at best impartial, you make an application and it will be accepted they may then call hearing to hear the set aside application, judge starts out by agreeing you didnt know about the claim, then ...... did you have a credit card ? ( as an example ) did you still owe money on it ? they will try and trip you, trap you anyway they can

result well there is an outstanding debt no set aside pay the money, a bit extreme but happens too often.

so........ maybe a little info about the debt itself, what was it for ? roughly the date of last payment and also have you seen or had a copy of the original claim form ? also do you hold any of your own paperwork for this 'debt'

if you want a set aside then just not getting the claim form is not enough further reasons may be needed

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Re: I’m a new member

by GotBanned Sun Jun 18, 2023 4:51 pm

The debt was with a financial spread bet company basically what happened was the market gap opened big over a weekend leaving my account margin called and my positions all closed out leaving my account with a debit of some 1k£. This was 2017. As a retail client there may have been some protection for me but I do not know, anyway the court action came in six years after the gap open, after which I never used the account again and did not even acknowledge the account again,

Hope this helps

thank you

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Join date : 2023-06-16

Re: I’m a new member

by flyingfish Mon Jun 19, 2023 2:56 pm

Spread Betting doesn't fall under the Consumer Credit Act (but is FCA regulated). This means that for limitation purposes there's no official Default Notice to start the c,rock, or to delay it. Do you know exactly when the court claim was raised? And could it be argued that this was more than six years after the event? The "event" being the point at which they claim you should have settled.

As Waylander has explained to successfully get the claim set aside, the court will need to know why you didn't responds to the claim, and also that you have an arguable defence.

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Re: I’m a new member

by Mrblue2015 Thu Jun 22, 2023 1:06 pm

Hi and welcome! I see that Waylander62 is helping you already with this. You're in good hands...

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Re: I’m a new member

by GotBanned Thu Jun 22, 2023 3:45 pm

flyingfish wrote:Spread Betting doesn't fall under the Consumer Credit Act (but is FCA regulated). This means that for limitation purposes there's no official Default Notice to start the c,rock, or to delay it. Do you know exactly when the court claim was raised? And could it be argued that this was more than six years after the event? The "event" being the point at which they claim you should have settled.

As Waylander has explained to successfully get the claim set aside, the court will need to know why you didn't responds to the claim, and also that you have an arguable defence.

Thank you very much for you response it’s very helpful and I’m will try to answer to the best of my ability.

I’m not sure when the issue was raised, if indeed they did raise it to my attention in the past 3 years as I have no paperwork relating to this apart from documentation that was sent to me once the order was made sometime in February and I suspect this may have been six years after my last contact with the firm. Does not the statute of limitation apply? And would this action reset that limitation?

I have an arguable reason for not responding / having the order set aside however having the order set aside would be pointless unless I have good plan after setting aside.

I think the approach may very well be as if this was a debt the same as a sports gambling website.

Kind regards

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Re: I’m a new member

by daveiron Thu Jun 22, 2023 4:34 pm

I think a DSAR is needed,without knowing what info they hold everything
is just conjecture at this point.

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Re: I’m a new member

by flyingfish Thu Jun 22, 2023 4:41 pm

The statute of limitions sets a time after which the creditor can't start legal action. The actual law is the Limitations Act 1980 and my take iscthat it would fall S5 "Actions founded on simple contract"..

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

https://www.legislation.gov.uk/ukpga/1980/58/part/I/crossheading/actions-founded-on-simple-contract

Where the "cause of action" is the point at which they could have started a claim, ie when the debt was due but not paid. So the question is when was that, and was the court claim first raised? Once the claim is raised the clock stops even though things drag on beyond six years.

Daveiron posted while I type and I agree a DSAR should get some answers.
under is is set out in

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Re: I’m a new member

by GotBanned Thu Jun 22, 2023 6:37 pm

Thanks again for your learn’d wisdom

The debit on the account started sometime after November 2017 if my memory serves correctly. Negative balances aren’t tolerated on these types of account as margin calls usually force a closure of the margined position when equity falls almost exactly at 50% of margin. A gap open over a weekend forces an immediate liquidation is one of the only ways for an account to be with a negative account balance. It is rare to be in a minus credit without special arrangement which I didn’t have.

So how do I proceed from here, thanks in advance

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Re: I’m a new member

by GotBanned Fri Jun 30, 2023 6:30 pm

So how do I proceed from here, thanks in advance

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Re: I’m a new member

by flyingfish Fri Jun 30, 2023 9:43 pm

From what you say the claim is not yet statute barred, so clearly was not at the time the court claim was raised. So what's left? You can apply to have the order set aside on the basis that you did not (could not) receive the original claim and therefore were not able to make any response. The court will also need to know that you have an arguable defence. That bit may be a problem as you have not mentioned anything so far. The default judgement prevented you taking part in any mediation or making any offer to settle, i do not know if thst helps your set aside case.

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Re: I’m a new member

by GotBanned Sat Jul 01, 2023 7:11 am

flyingfish wrote:The court will also need to know that you have an arguable defence. That bit may be a problem as you have not mentioned anything so far.

I was being held at His Majesty’s Pleasure and had no idea there was a case against me. I would think that this should be sufficient to set it aside? In any case, I had no access to my mail - or the means to deal with the matter inside. And in any case mail would have been undeliverable as my home address was forcibly sold to pay my legal costs.

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Re: I’m a new member

by waylander62 Sat Jul 01, 2023 10:20 am

it may be sufficient to set aside the order but there are no guarantees on that, you must still put up an argument that you have a prospect of defending the claim to then get the opportunity to defend it.

you can definitely get it set aside for the reasons you gave ( HMP ) , if your argument is that you were intending to make a payment arrangement the Court will set it aside so you do not have a CCJ but you would then have to pay it.

i have no idea if you have a chance to defend this as you have not provided any information that may be of any help so far.
it has been suggested you do a full DSAR to the Claimant which i agree with, have you done this ?

you need a copy of the actual claim form so you know what the Claimant told the Court then you will know what you have to defend, have you done anything about this ?

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Re: I’m a new member

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