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*** SET ASIDE *** Help and Advice for Statute Barred claim and N244 form

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  • *** SET ASIDE *** Help and Advice for Statute Barred claim and N244 form

    Hi, I’ve been reading though posts looking for some help, so I have decided to create one I will list the issue and as much information as I can please don’t hesitate to ask me for more information! I am doing this on behalf of my mum, so any help would be greatly appreciated





    My mum took a provident loan out on the 23rd February 2009 the original loan amount was for £3,318.90 she carried on paying this load for a couple of years but her financial circumstances then changed, and she ended up not being able to pay it so she stopped.



    She forgot all about this loan until a few weeks ago when a bailiff attended our property on the 22nd October 2018 with a warrant of control the defendant is listed as Lowell Portfolio 1 LTD



    So, the first thing I did was to check my mums credit file and I found out a CCJ was registered on the 29 August 2017 stating she is adamant that she never received any court corresponded about this CCJ.



    I decided to call up Lowell and Provident to gather some more information Lowell told me that the last payment received for the account was to provident on the 8th February 2012.

    She did not think that was the case, so I submitted a Data Subject Access Request to provident and Lowell asking them to provide proof of payment or receipt of payments ranging from 2009 – 2012.



    I received this information from provident promptly, they sent me all the payment information they had stored.



    In this information the last date any payment was collected was 10th May 2011 and then a further 12 collections are listed but with the amount collected as 0.00



    Lowell started court proceedings on the 24th July 2017 so the time from the last payment to the time they started legal proceedings was 6 years 2 months and 14 days.



    I spoke to step change and national debt line who advised me to submit a N244 form to set aside the judgement as it was Statue Barred when they started court proceedings.



    So that is my plan use the loan being SB as my defence. I have never done anything like this before and don’t want to mess it up.



    I would like some help with filling in the N244 correctly and how I present my information to support my application in section 10. Of the form



    Thank you in advance!



    Any help will be greatly appreciated
    Last edited by MaccLad91; 8th January 2019, 08:49:AM.
    Tags: ccj, court, loans, n244

  • #2
    That sounds like the best idea. Have you had a mooch through the guide on set aside - Set Aside Application ?
    Have you asked for consent to set aside from the Claimant ?
    And are you acting officially for you rmum ( say under a power of attorney ) or just helping her out with it ( remember if so she'll need to sign all the forms and attend court if the Judge decides it needs a hearing - you can go with her and probably ( on permission ) speak on her behalf ) - that's a way off yet, but just so you are aware that it is a possibility.

    Have you obtained the original claim details from the claimant or the court ? Do you know what address it was served at ? ( need to have some kind of reason as to why the original claim wasn't received … if at the correct address then something about being fastidious dealing with post so wouldn't have missed it, or having issues with the postman misdelivering etc )

    original loan amount was for £3,318.90
    This sounds like a very strange amount for the original loan. I wonder if it was a further loan to pay off a previous loan in part. Did you do a full Subject Access Request to Provident or just request the list of payments ? and do you have a copy of the original agreement ?

    “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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

    Comment


    • #3
      Hi Amethyst!

      Thank you for the reply!

      I have had a look and there is a lot of information that will be useful.
      I am just helping her out and I am aware of that.
      I have not how do I go about obtaining them? yes all post is opened and responded too!
      I am unsure and so is she she didn't think the loan was for that much herself but with it being so long ago she cant remember.

      here is the subject access I sent to provident! I do not have a copy of the original agreement

      Thanks again


      Attached Files

      Comment


      • #4
        Okay I might go back to Provident again and ask for copies of any and all agreements in your mums name. You could ask the claimant too under a CCA Request, however they don't have to reply to that while there is a judgment in place, only once it is set aside and the claim is live again. It's not needed for the set aside app, but helps with future defence, and the court does prefer to see you have a defence before setting aside a judgment - statute barred should be plenty for now though.

        Also ask the claimant for a copy of the original claim, or ask the court if they can email you the claim details of their system ( sometimes they will and sometimes they won't - I'd try court first though (either Northampton CCBC or the one on the latest letter from the court re the warrant - they have a page on their systems which has the particulars of claim, details of when the claim was issued, when default judgment was granted, when the warrant was applied for etc. )
        “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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

        Comment


        • #5
          So I now need to send a SAR to provident asking for all copies of agreements in my mums name?

          Ring the court and ask for them to send me a copy of the original claim and claim details?

          Thanks again

          Comment


          • #6
            Yes
            “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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

            Comment


            • #7
              Ok I will get that done today and post an update when I have one

              One other question is when does the limitation start from? is it the last payment date?

              I just called the court and asked for a copy of the original judgment but they can only provide that to my mum and there is a £10 charge I will try Lowell

              Comment


              • #8
                Theoretically yes, however it has been ruled to be taken from the default date or termination date in consumer credit cases.

                Limitations start to run at the cause of action, which would be subject to the terms of the contract.

                Some contracts allow the full amount to be called in upon the first missed payment, others 2/3 missed payments, and others simply allow the loan to run to the end of the fixed term before terminating and entitling them to claim the full amount.

                It ends up being quite case specific, hence the terms/agreement are needed.

                But the onus of proof is on the claimant so they would need to argue their case and evidence it.

                You can just say it hasn't been paid / acknowledged in over 6 years before the date of issue of the claim in your application though.
                “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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

                Comment


                • #9
                  Okay, I will request the original agreement and then upload it to here once I have it.

                  Okay once I have this I will start to draft with templates and then I can upload to here for review. I do have proof of the last payment date. so I will post once I have got the information from provident

                  Comment


                  • #10
                    What's the current status with Lowell and the Warrant ? The setaside application probably wants doing straight away if there is need to ask to suspend the warrant as well. The other information will come in useful later when you come to defend the claim.
                    “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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

                    Comment


                    • #11
                      The warrant is active at the moment so we have had to park the car away from home and keep doors locked etc should I fill in the N244 now then? Do I need to add evidence and statements etc to the n244? Could you guide me into what I should attached with the N244 please

                      Comment


                      • #12
                        Yes you need to get the N244 in asking to suspend warrant and set aside judgment ASAP.

                        Do you want to post up we're you've got to so far and we'll give you a hand
                        “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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

                        Comment


                        • #13
                          So Lowell say that the account defaulted on the 26th September 2011 and they started court action 24th July 2017 so this is under 6 years.

                          They have stated that the last payment received from my mum was 8th February 2012 which I know to be untrue and prove this.

                          How do I word this into my witness statement?

                          Comment


                          • #14
                            Deleted.
                            Last edited by MaccLad91; 7th January 2019, 14:07:PM.

                            Comment


                            • #15
                              Okay having a read through xx
                              “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 support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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

                              Comment

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                              SHORTCUTS

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                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
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