CCJ N244 or Consent to set aside or redetermination - urgent help needed!

[Strawb£rry]

Hi all,

5 days ago a CCJ has been made against me, long story short I was away for work for 9 weeks July - mid September on an internship after a redundancy and found out via email 2 days ago that there was a claim made against me from PRA when I was emailing them regarding a token payment. I went back to my address that they have yesterday and there's no claim pack there at all!

I was told the claim was issued on 16/08/2024 served on 21/08/2024. With 21 days to complete paperwork. I contacted PRA on the 27/08/2024, made a payment and was able to login as normal with no warnings or account closure and the judgment was served by default on 13/09/2024. I was able to set up a payment plan of £5 a month online which claimed it would close my account just before I was told of my CCJ on 16/09/2024. I did take screenshots of all of this shortly after being notified of my CCJ on the same day.

I have tried to get an answer from a StepChange, but struggling enormously. I wanted to ask how likely it is I would be able to remove the CCJ which has was made against me 5 days ago. In this time frame leading up to this across August and September, I was able to make token payments and set up a payment plan on my account without anything notifying me - does this help my defence at all? I was already behind in my payments due to other impending stressors in my life with work and my housing situation.

I am also in a dire situation with accommodation having to move away for safety from some housemates who have substance abuse issues. Could I explain in my N244 that a CCJ would have a detrimental impact on me as I will likely struggle to be able to rent, I need to relocate in a few months and may end up homeless? I also work in film production where people are often required to rent cars (or drive) can my work impact be mentioned in an N244 or does this sound unprofessional?

I also wanted to ask if its possible to get a consented N244 from the claimant, considering I can definitely prove I was away for work reasons, I never received the paper anyway but I was also interning in a different city, Is this common practise? I have already told them I will be pushing for a N244.

I was also advised to apply for a redetermination within 14 days, does this mean if an agreement is made on payment that a CCJ is withdrawn?

In terms of my defence for my N244 would anyone be able to suggest anything other than I never was served the claim, with the above information? Can I claim embarrassment, vulnerability, potential loss of employment and homelessness in my defence alongside being away for work and not having the paperwork at home?

Thanks in advance,
A very stressed person

[JK2054]

alright so lets move aaway from embarrassment vulnterability potentiall loss of employment and homelessness because they're all irrelevant

lets move on to the facts.

you did not get a PAPLOC. You got a claim form whilst you were away but it never arrived.

so you apply for a set aside on the grounds that you never actually got the claim form. You have acted promptly. Maybe pop the solicitors an email and say you will go for costs of £303 + wit expenses if they dont agree set aside and see if you can get consent.

otherwise its £303 and a 3 month wait for the bulk centre, but I can't see any reason you wouldn't be able to get this set aside.

[Strawb£rry]

alright so lets move aaway from embarrassment vulnterability potentiall loss of employment and homelessness because they're all irrelevant

lets move on to the facts.

you did not get a PAPLOC. You got a claim form whilst you were away but it never arrived.

so you apply for a set aside on the grounds that you never actually got the claim form. You have acted promptly. Maybe pop the solicitors an email and say you will go for costs of £303 + wit expenses if they don't agree set aside and see if you can get consent.

otherwise its £303 and a 3 month wait for the bulk centre, but I can't see any reason you wouldn't be able to get this set aside.

Thank you so much, I was worried as I spoke to StepChange earlier who said not receiving the claim isn't enough of a reason to set aside - even though on their website it states that, that is a good reason. I will chase them tomorrow to ask which solicitor is dealing with this case as I only have the claim number at the moment which was on their email. Hopefully it's enough to get it set aside and can go from there.

[JK2054]

i mean not receiving the claim isnt enough of a reason, you have to have reasonable prospect of success but this is a PRA claim so theres an easy chance of succcess

[Strawb£rry]

i mean not receiving the claim isnt enough of a reason, you have to have reasonable prospect of success but this is a PRA claim so theres an easy chance of succcess

Thanks for your response, when you say its an easy chance of success what do you mean? Do you mean that PRA are receptive to this?

[Strawb£rry]

I called a legal team yesterday who said it is a good reason to set aside a claim given I was away for work temporarily and didn't get a chance to respond. They said they can't guarentee the judge would agree, but that it is considered a good reason.

[JK2054]

not sure what you mean by a legal team

anyway you cant set aside a claim because you didnt have the chance to respond, the reason is you didnt have the chacne to respond and you have a prospect of winning

which you do in this case because its PRA and PRA are complete clowns at the best of times

[Strawb£rry]

I called a legal team yesterday who said it is a good reason to set aside a claim given I was away for work temporarily and didn't get a chance to respond. They said they can't guarentee the judge would agree, but that it is considered a good reason.

I mean I sought advice from those experienced in law (TV & Film charity) who told me to submit proof of my being away temporarily and to include all other info in section 10 regarding other situations.

Thank you so much, I really hope I can as this will literally ruin my life if I can't set this aside.

[JK2054]

you should be fine getting it set aide