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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

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    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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  • #16
    Re: ccj on credit file

    It is likely to be at Northampton County Court Business Centre rather than Dartford, as it was a default judgment.

    Do you know what date the CCJ was issued? April 2017 ? If so and you hadn't paid anything or had contact with the original credit for more than 6 years before April 2017 it is likely to be statute barred.

    Did you ever send the CCA request to Shop Direct ?

    Whichever way you decide to go you will need to contact Lowell - either to tell them you will be applying to set aside the Judgment and that the warrant of execution should be stayed. You may be eligible for fee remission from that £255 https://formfinder.hmctsformfinder.j.../ex160-eng.pdf - or to negotiate a repayment by installment of the debt.

    Set aside application will likely involve a court hearing, and you will need to show you have a reasonable prospect of success at defending the claim ( so statute barred prior to the claim being issued ) and show that you did not receive the court papers. The down side of your situation is that a set aside application should be made promptly, however you may be okay with that considering the issues you have had over the last year.

    The other thing you can do is apply for variation or redetermination of the judgment (and suspension of the warrant of execution (ie the bailiffs) )- this would be submitting your income and expenditure to the court and asking them to order installments at an affordable rate. Form N245 - see https://formfinder.hmctsformfinder.j...k/n245-eng.pdf . It might be worth talkimng to Lowell first to see if you can just organise it with them but if they won't accept an affordable figure then you might have to ask the court to set the payments based on your circumstances. That's likely to be the least stressful tbh.
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    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    • #17
      Re: ccj on credit file

      the ccj was issued april 2016 and had no contact with them at all for over 6 years.

      No never sent cca to shop direct, only letter to lowell last june.
      I think we would prefer to go down the route of having it set aside
      Do i need to speak to court to do this or fill in a application

      Comment


      • #18
        Re: ccj on credit file

        Also should we now send cca to shop direct and regarding telling lowell about my wife application to set aside and warrant stayed do we do this by phone or letter? Thanks again

        Comment


        • #19
          Re: ccj on credit file

          Hi this morning my wife contacted lowell and they told her that she would have to contact lowell solicitors as they are dealing with it.
          She contacted them to say she is applying to have set aside and could they have warrant stayed and he said no its not as easy as that, you need to pay us fee of £179.25. My wife said no and he then asked her if she wants to set up a payment plan so she said no that she is applying to set aside.
          He then said speak to the court and ask them but u need to fill in a n245 and pay £50

          Any help where to go from here would be grateful

          Comment


          • #20
            Re: ccj on credit file

            [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] if either of you could advise what to do thanks.

            Comment


            • #21
              Re: ccj on credit file

              Sorry to go on but just seen on another post we should send witness statement , draft order and draft defence, any chance of some help with this, thanks

              Comment


              • #22
                Re: ccj on credit file

                No idea what his fee of £179.25 is, so glad your wife said no to that.

                The basics on the set aside are http://legalbeagles.info/forums/show...lication-notes - if you want to have a bash at a draft we can give you a hand fine tuning xxx You need to be certain of the dates - last contact/payment with shop direct must have been probably at latest December 2009 (if the judgment was April 16 then the claim was likely issued January / Feb 2010 )

                Did you have a look at the fee remission side of things? If you apply 'without a hearing' you might be able to pay £100 but it would be better with a hearing so if you do get fee remission all the better.

                Once the set aside app is done you can send a copy of it to Lowell Solicitors.

                Don't worry about shop direct at all at the moment, other than if you are unsure of dates you could try checking with them.

                The CCA request (which would go to LOWELL) will need to wait until after the judgment is set aside ( as there is no obligation for them to comply AFTER a judgment )
                Forum upgrade - SUNDAY 21st JANUARY !!!

                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #23
                  Re: ccj on credit file

                  No idea what that 179.25 was for but was the amount on the letter she got friday which said she has to make or bailiff will come.
                  Ok will have a look at them and have a go at writing them up when i get a min and see what you think
                  As it was such a long time ago cant remember the dates but wife is sure she defaulted and had no contact by end of 2009 also when wife checked report sometime in 2015 the debt was not on there.

                  Comment


                  • #24
                    Re: ccj on credit file

                    Here is draft order have wrot in { } when unsure thanks.

                    IN THE Northampton COUNTY COURT

                    Claim No. Xx


                    BETWEEN:

                    Lowell portfolio ltd

                    Claimant

                    - and –
                    Xxxx

                    Defendant

                    It is ordered that:

                    Upon reading the defendant's application dated {should i put the date i fill out app}

                    It is ordered that:


                    The judgment dated 14/04/2016 be set aside.
                    The Defendant shall file and serve its Defence by 4pm on {what date should i be putting here}
                    The Claimant do pay the Defendant's costs of this application to the sum of£255
                    The Claimant has permission to file and serve a reply if so required.

                    Comment


                    • #25
                      Re: ccj on credit file

                      Here is witness statement with a little help

                      WITNESS STATEMENT OF (what should i write here)
                      _________________________________



                      I XXXXXXXXXX of XXXXXXXXXX** addressXXXXXXXXXX being the Defendant in this case will state as follows; (AM I PUTTING NAME & ADDRESS HERE)

                      1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.

                      2: CPR 13.3 states (1) In any other case, the court may set aside 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.


                      3. I learnt of the existence of this claim on the XXXXX when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]* (SHOULD I PUT DATE WHEN NOTICED ON REPORT OR WHEN RECIEVED LETTER LAST WEEK)

                      4. My address changed in DECEMBER 2014 and a redirection service was in place from DEC 2014 to DEC 2015.

                      5. xxxxxxxxxxxxx further information about why you did not defend/acknowledge originally (SHOULD I WRITE ANYTHING HERE?)

                      6: On june 8th 2018 I made a written request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

                      7. The Claimant did not respond to my request.

                      8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.


                      Statement of Truth

                      I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


                      Signed: ________________________________

                      Comment


                      • #26
                        Re: ccj on credit file

                        Finally defence. Once again thankyou for helping with this.

                        IN THE XXXXXXXXXXXXXX COUNTY COURT

                        CLAIM No: xxxxxxx


                        BETWEEN:

                        NAME of CLAIMANT

                        CLAIMANT

                        And

                        YOUR NAME

                        DEFENDANT


                        __________________________________________________ ______
                        Draft Defence
                        __________________________________________________ ______




                        1. It is admitted that the Defendant entered into an agreement with shop direct on XXXXXX DATE XXXXXXXXXX. (DONT KNOW THE DATE)

                        2. It is denied that the Defendant owes the Claimants £1681.94 as stated in their particulars of claim.

                        3.

                        4.**** (WHAT SHOULD I BE PUTTING HERE)

                        5.* (SHOULD I ALSO PUT ABOUT IT BEING S.B)


                        I believe the facts stated in this Defence are true.


                        Signed __________________________

                        Dated: ____________________________

                        Comment


                        • #27
                          Re: ccj on credit file

                          [MENTION=6]Amethyst[/MENTION] any chance you could have a look at the 3 drafts and help with the bits im unsure about, thanks.

                          Comment


                          • #28
                            Re: ccj on credit file

                            Can anyone help filling out the drafts please as i need to send application back to set aside, getting a little worried now as have no idea what to do.

                            Comment


                            • #29
                              Re: ccj on credit file

                              Hi its been days since anyone has replied, really need to send this application to court but cant until i write the drafts. Please can someone help

                              Comment


                              • #30
                                Re: ccj on credit file

                                [MENTION=55034]nemesis45[/MENTION] hi see that your online and have helped me in the past. If its ok could you help by having a look at the drafts i posted before and advise me on the bits im stuck on. I really need to get this application to set aside sent off. Bailiffs will probably start coming as of next week and im getting worried.

                                Comment

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