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CCJ and n244 form help

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  • #46
    The only cost I asked for back for the £275 which was the application cost, I have worked out that I have spent around 15 hours on the case and also lost out on a days work today. I Will ask the judge today. I am slightly nervous and like rob said it will be interesting to see if she shows up as I there is nothing in evidence that she has put in

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    • #47
      £19.00 per hour your cost I believe is still the amount you can vClaim but make sure true breakdown of hours you state.

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      • #48
        Just got home from court,

        She turned up which I didnít think she would, but basically said she would be happy to set aside if I donít chase her for the costs. I was happy with this and the judge ruled it should be set aside and any costs should be beared by either side.

        fair result as I was only bothered about the CCJ coming off and she wasn't interested in chasing up the money she originally claimed for so good result

        thanks again everyone especially Rob for holding my hand and walking me through the process, I donít think I ever imagined court proceedings to be so stressful over something relatively small. Thanks again guys.

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        • #49
          I suppose the only question is do I need to do anything for the CCJ to come off my file or is it automatic,

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          • #50
            Good result, whilst you agreed to no costs, I do think you would have good grounds to claim that back from her so I think she was very lucky as others may not have been as nice.

            However, this isn't the end of the road because setting aside a default judgment doesn't bring proceedings to an end, it merely reverts back to the defence stage unless she has agreed to discontinue the claim altogether. Normally that would require her to submit a notice of discontinuance form but if she never agreed verbally to discontinue, I suspect you will find the court order setting aside the default judgment, but the next step is for you to submit a defence.

            The courts are required to update the registry trust to remove the CCJ from your file. Wait for the order to come through and if not removed from your credit file, chase up the court and you can send an email to the registry trust with a copy of the court order - though they typically only act on instructions from the court.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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            • #51
              Yes she agreed to discontinue the claim all
              together as long as I didnít pursue her for costs

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              SHORTCUTS

              Pre-Action Letters
              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Witness Statements
              Directions Questionnaire
              Statute Barred Letter



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              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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