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I’m going to try and compress this as much as possible - sorry in advance for any formatting issues. I have tried to give as much information as possible so my questions can be answered, without going into too much detail of the case itself.
I was awarded a CCJ in default in January 2024, after the debtor ignored texts, phone calls, 2x letter before action and then the paperwork the court sent once I submitted a small claims case.
I had a telephone call at the end of January with the debtor, where he told me he has no intention of paying a penny. Off the back of this conversation, I applied for an Attachment of Earnings order as it was clear he had no intention of voluntarily paying. I had a letter from the court to say he had failed to respond to the N56 form, and so he and his employer had been visited by a bailiff and served with N61 / N338 respectively. This was at the beginning of April, after applying for the AoE on Feb / March.
I have this week (10th June) received a letter from the court dated 5th June saying that the debtor has applied to have the claim set aside. They included his N244, and the basis of his argument is that he didn’t receive any letters from myself or the court. This is dated by him for January (the day the CCJ was awarded) however it had a stamp from the court that shows it wasn’t received by the Civil National Business Centre until March, and the local county court until April. I'm not sure if it matters, but the form is not signed by the debtor. I suspect that he only sent this form once he got the N56, but that’s speculation and I can’t prove it.
This N244 form completed by him has his address as I had put on all communication, confirming documents were sent to the correct address, and in a written statement accompanying the form he references points of my claim that he would only know if he had received these documents (such as the breakdown of the claim particulars, my version of events etc).
I have proof of postage of both letters before action I sent, and I know the court assume documents sent by them are received within a few days of sending. So I’m not particularly worried about him succeeding in overturning the CCJ, and if the CCJ is overturned and the case ends up going to court I am also confident that I have enough evidence to win.
My questions are as follows:
Thanks for any help!
I was awarded a CCJ in default in January 2024, after the debtor ignored texts, phone calls, 2x letter before action and then the paperwork the court sent once I submitted a small claims case.
I had a telephone call at the end of January with the debtor, where he told me he has no intention of paying a penny. Off the back of this conversation, I applied for an Attachment of Earnings order as it was clear he had no intention of voluntarily paying. I had a letter from the court to say he had failed to respond to the N56 form, and so he and his employer had been visited by a bailiff and served with N61 / N338 respectively. This was at the beginning of April, after applying for the AoE on Feb / March.
I have this week (10th June) received a letter from the court dated 5th June saying that the debtor has applied to have the claim set aside. They included his N244, and the basis of his argument is that he didn’t receive any letters from myself or the court. This is dated by him for January (the day the CCJ was awarded) however it had a stamp from the court that shows it wasn’t received by the Civil National Business Centre until March, and the local county court until April. I'm not sure if it matters, but the form is not signed by the debtor. I suspect that he only sent this form once he got the N56, but that’s speculation and I can’t prove it.
This N244 form completed by him has his address as I had put on all communication, confirming documents were sent to the correct address, and in a written statement accompanying the form he references points of my claim that he would only know if he had received these documents (such as the breakdown of the claim particulars, my version of events etc).
I have proof of postage of both letters before action I sent, and I know the court assume documents sent by them are received within a few days of sending. So I’m not particularly worried about him succeeding in overturning the CCJ, and if the CCJ is overturned and the case ends up going to court I am also confident that I have enough evidence to win.
My questions are as follows:
- Reading online I saw that when an N244 is submitted it sometimes goes to a hearing within a week or so - however it’s now been two months since the court received his paperwork, and they only sent it to me last week. I assume any hearing would be some weeks / months away. Is this usual? Alternatively, is it likely that his appeal will be dismissed by the judge without a hearing, given the documents sent by the court were sent to the correct address?
- In the N244 form, the debtor makes unfounded allegations against me, including allegations I have committed insurance fraud and subjected my dog to unnecessary veterinary care (the case centres around a dog attack, after which my dog needed emergency surgery) seemingly in an attempt to discredit my claim. Should I send a letter to the court with a further witness statement and evidence against his allegations? Thankfully they are spurious and easily refuted and I have evidence on my side for every claim he makes, I'm just not sure if I need to send them at this point.
- In his N244 form the debtor has mentioned a witness who was not present. Should I mention this in a reply? It is impossible to prove a negative, though this chap hasn’t proven himself to be the brightest spark and this false witness wouldn’t stand up to questioning if we went to court as.. they weren’t there..
- If no to 2 and I should instead wait and see whether there will be a hearing to set aside the CCJ - if it does go to hearing, should I present my above evidence there? Or would this hearing be strictly to determine whether he received the letters from myself / the court, and the facts of the case would be heard in a separate hearing if the CCJ is struck off?
- I paid for an Attachment of Earnings Order application, which is seemingly on hold due to his submission of the N244 - the letter sent to me by the court has a copy of the N61 form that he has struck through, writing 'Awaiting N244 appeal outcome'. If his appeal is rejected outright, will the order go ahead as before?
- Quite bad timing, but we are due to move in July. I will set up Royal Mail redirect, but how do I go about changing my address with the court? Do I send a letter to CNBC, the local county court, and the debtor informing them?
Thanks for any help!
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