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N244 chances of CCJ setting aside against TM Legals

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  • N244 chances of CCJ setting aside against TM Legals

    Hi I started a thread a few months ago when I got a final decision from TM Legal saying they had done now wrong.

    They never updated my address despite on the first phone call I told them I had not received any letters, only emails. They did not at this point confirm my contact details were correct, even though I had given a slightly different address (I live in a different house on the same street).

    I made a DSAR for the phone calls made between myself and them and they said in the phone call that no further action would be taken with the claim they had started but if I didn’t respond after they had sent my CCA, then I might be subject to further collections activity.

    but when I didn’t get back In touch when I should’ve received my CCA (which I didn’t get because they had been sending Mail to the wrong address), they made a default claim against me, using the same claim they had started back in November, before I had received my requested CCA document.

    my under strong was that, the process of obtaining a CCJ would have had to start from scratch if they were not taking any further action regarding that particular claim.

    I have submitted an N244 but I have to pay £275 and not entitled to any help with fees. And TM Legal won’t give a letter of consent. So what I want to know is has anybody had any success with getting a judgment set aside as in is it worth me spending the money when I can’t really afford it at the minute?

    I want it setting aside on principle at this point because they have twisted everything in their response to my complaint.

    TIA
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



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 ...
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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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.
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