Lowell Solicitors

[freedom12]

Halo
I am trying to set aside 3 year old CCJ from Lowell for O2. I have got hearing for it in late july . Do I need to do SAR to O2. I have filled N244, form ask the court to set it aside

[freedom12]

HI
Can any of the senior members guide me in right direction

[Kati]

tagging Amethyst nemesis45 R0b jaguarsuk ??

[jaguarsuk]

I don't know why you would think you would need to SAR O2? Are you applying only to set aside or have you applied also to have the claim struck out?

I think you need to provide much more information.

How did you find out about the CCJ?

When did you find out?

What is it for?

Why didn't you receive the paperwork from the court?

Have you now got a copy of the claim form?

If you have, what are the particulars of claim (type them out)?

[freedom12]

yes I am trying to set aside a CCJ. Its about O2 deafult in 2012. I found out about it in feb 2018 .

[jaguarsuk]

yes I am trying to set aside a CCJ. Its about O2 deafult in 2012. I found out about it in feb 2018 .

Why didn't you receive the paperwork from the court?

Have you now got a copy of the claim form?

If you have, what are the particulars of claim (type them out)?

[freedom12]

The claim was sent to old address I think . NO I dont have claim form.

[jaguarsuk]

The claim was sent to old address I think . NO I dont have claim form.

Okay, so first port of call is to get a copy of the claim form as then you will know where whom the claimant is, what they are claiming and where to serve the application to set aside. Call Northampton County Court Business Centre whom will be able to help.

You are supposed to make your application to the court promptly after discovering a CCJ, so have you contacted the claimant or the court about it already?

Be aware that any unsuccessful application to the court could have consequences of costs being awarded against you.

As the claim was sent to an old address toy can have it set aside under CPR 13.2 & 13.3, but there is a fee for the application. Write to the claimant and ask them to consent to the set aside and if they do then you pay £100 to file the application. If they do not respond within 7 days or refuse you will have to file the application without consent costing £255.

If successful the costs will be awarded back to you at the set aside hearing.

There is more about the process here: http://legalbeagles.info/forums/foru...tailed-version

[freedom12]

Hi
I got hearing for set side application. Can I fill in draft of defence and witness statment and send it to court now. Or is it too late

[Amethyst]

The hearing is in July ?

You should be able to file and serve a witness statement 14 days before the hearing.

What was your set-aside reason? solely the incorrect address issue? so your Witness Statement will say that there was no reason to serve it at the wrong address, credit file was up to date, you're on electoral roll, you had informed the original creditor/Lowell of change of address etc?

The SAR might be useful to see if you do have a defence to the claim overall - are you planning, once set aside, to go on to defend the claim or looking to remove the CCJ from the register and then settle?

[freedom12]

I have put the reason as claimant was unable to comply to send me documents related to credit agreement and debt assignment

[freedom12]

DO i need to file draft of defence also

[jaguarsuk]

Hi
I got hearing for set side application. Can I fill in draft of defence and witness statment and send it to court now. Or is it too late

As you are requesting set aside under CPR part 13.2 you don't need to file a draft defence as you have the right to set aside due to the claim being served on the incorrect address.

If successful directions will be given to file a defence within 14 days.

The reason not to file a draft is that it gives you time between now and 14 days after the hearing to SAR the original creditor and CPR 31.14 the solicitors for the documents mentioned on the claim form if successful at the hearing.

[freedom12]

SO only the witness statment will do ??

[jaguarsuk]

SO only the witness statment will do ??

Yes, you simply need to demonstrate that they issued a claim on the wrong address, which if it doesn't even exist should be pretty simple and ask the court set the judgement aside pursuant to CPR 13.2.

The judge will then make directions as to a hearing date for the claim and filing.

Have you a copy of the claim form?