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Hearing 2weeks away after Application to Set aside CCJ need some advice

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  • Hearing 2weeks away after Application to Set aside CCJ need some advice

    So after a CCJ was issued against me,I got the chance to apply to set aside judgment and I paid £275.00.Now the going to a hearing very soon.
    Now Claimant is unknown and had no monetary business or taken out any credit card from them.
    Claimant states in his letters as a debt collector working on behalf my creditor that I bank with.
    Before CCJ was issued,I had a repayment plan to pay off monies outstanding with my creditor and I am keeping up the repayment to date.
    Before CCJ was issued, Claimant kept sending internal letters repeatedly that i received 10 or more of them. I ignore responding to those letters and never made contact with Claimant. I then received claim forms from County Court Next.. Something I haven't experienced before,so I decided to go and seek advice,but I became unwell therefore I was unable to put in my defense.
    ln my application to set aside the CCJ,I stated my being unwell as one of my reasons.
    Meanwhile 2 weeks away to the Hearing, Claimant has written to the County Court to file letter to oppose my my application to set aside the CCJ.Claimant states that he does not believe I have a defense, and will edge DJ to see that to dismiss my application.
    All I am hoping for is to get the county court /DJ to honor my application to set aside,so that can put in my defense this time.
    But I need advice on this as it stand now,with hearing preparation ,also with the Claimant's interference to oppose my application.


    Tags: None

  • #2
    Hi,

    Your post is a little confusing and I am not sure I follow what you are trying to say. Answers to the questions below would help us understand your position a little more.

    1. Who is the claimant named on the claim form and obtained a default judgment, was this the debt collector or the creditor?

    2. Why did you choose to ignore the letters and instead say that you have no relationship with them or if they have reason that there is a contractual relationship, explain the position.

    3. If you are going to rely on an excuse that you were unwell to deal with the claim, the court will expect you to provide medical evidence to show that you were feeling so unwell that you were not capable of dealing with the claim form. Medical evidence would usually be in the form of a doctor's letter explaining the medical issue, how it had impacted you in terms of your physical or mental abilities and any other relevant information that can be added to explain why you were incapable of not dealing with the claim at the time. No medical evidence means the court will highly unlikely accept your reasons.

    4. It would be helpful to see (personal data removed) what the letter says in relation to them opposing your application. It would also help if you have any comments to make on the opposing letter.
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    Comment


    • #3
      PRA is the Claimant name on the Claim form.
      I ignored Letters coming through my post that are from PRA, because I don't have any monetary business going on with them,and don't owe them and don't know what they are standing for.

      However I am paying back outstanding monies left on credit card which is held at my Creditor Bank.
      My Creditor is Barclays and their trading name is Barclaycard..

      Have also got prove of evidence on becoming unwell.
      Please advice me on when to present it as the hearing is two weeks away from now..

      I have also not been able to upload Claimant witness statement in their attempt to oppose my application on this page because of size.

      But it clearly states what their litigation Officer would say,and has picked up the absence of no sick note to makes up a valid reason for them to believe that my application might be thrown away in that circumstance.

      I can still forward Claimant witness statement for your attention if there are other means you like me to know.

      Comment


      • #4
        From research PRA could refer to PRA Group Ltd who are debt collectors who buy debts from banks etc.

        Comment


        • #5
          Were you ever advised by your bank or PRA that the BarclayCard debt was being transfered. If you have not paid back a credit card company or defaulted on a personal loan, there is a chance that PRA has bought the debt and you now owe money to them instead of the original creditor.
          I would check with your bank and check, Barclays are a customer of PRA

          Comment

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