Hi - I am a new member and on Saturday, I received notification that I have a CCJ - I did not receive the original pack from the courts so now I can't defend it - the courts told me to complete form N244, can you help me with this?
Lowell - CCJ
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Application notice Form category Court of Appeal Civil Division Language English Last modified 06/2016 Download n244-eng.pdf PDF Associated leaflets N244
N244 Notes Application Notice (Form N244) - Notes for Guidance
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Take a read of the link below as to grounds to argue why it should be set aside.
http://legalbeagles.info/forums/foru...tailed-versionIf 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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Originally posted by Julieabeck View Postsent off the N224 to Northampton Court with my defence - I have now been given a court date for a hearing at my local courts to 'set aside the judgement' - CCJ. I am going on my own - any advice?
Why didn’t you receive the claim form? Was it sent to an address where you no longer live, and if so are/were you ‘visible’ on the CRA files at your new address (such as on the electoral roll and bank account or other lines of credit showing) so the debt owner could have known your whereabouts if they had carried out due diligence?
Who was the original creditor before the debt was assigned to Lowells and what is the basis of your Defence to the claim if the CCJ were to be set aside?
Have you asked Lowells if they will consent to the set aside before the Hearing to save costs and court time?
Sorry for all the questions but it’s difficult to give advice in an information vacuum.
When is the Hearing?
Di
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Originally posted by Julieabeck View Poston Saturday, I received notification that I have a CCJ
Was it notice of enforcement action such as a Warrant of Control from bailiffs or an Application for an Attachment of Earnings? If so then these issues will need to be dealt with at the same time as your set aside Application.
Di
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Hi
i have lived in the same house for several years - I did not receive the forms from the courts so therefore could not defend my case - I found out when I received a letter (notification) from the courts that a CCJ had been lodged against me which was about 2 weeks ago.
The original debt was with NewDay Ltd (which was Evans) - my defence is that I requested a copy of the contact on 3 separate occasions so that I could then set up a repayment plan if they could prove the debt. I also sent an estoppel notice, the debt was then taken over over from Lowells Portfolio. I asked Lowell portfolio to provide me with a contract that proved I owed them the money but they ignored my letters - the next thing I knew was that Lowell's were dealing with my debt and that I had a CCJ.
I have not asked Lowell's solicitors to set aside the judgement as they sent me a letter saying that 'the judgement has been entered against me on ... and needs to be repaid in full on... the Court being satisfied that the debt was proven in view of my failure to enter any defence'
my court hearing is on Wednesday 11th April at my local court
i hope that helps
J
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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.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
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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Acknowledge Claim
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CPR 31.14 Request
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Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
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