Ccj advise

[Rock lobster]

Hello all

I recently received a ccj claim, I filled in a defence online and a while later I received a questionaire about mediation, which I returned.

The next thing I receive a ccj in default form (dated 19th June), despite having competed a defence and sent in the mediation form. I assume the mediation form wasn’t logged court side.

Ok so I was planning to try to set aside as I have a great case against these people and am preparing it.

Today only 10 days after the judgment which states 28 days to pay, I have received an issue of warrant of control dated only 9 days after the judgement itself (so much for 28’days to pay) staying bailiffs will come on July 12th, still less than 28 days!

What’s the best course of action from here.

[jaguarsuk]

Thank you

I’ve only agreed to make a payment arrangement as the warrant was aggressively applied for so soon and need the claimant to ask for a stay on it.

i don’t agree with the claim and wish to fight it. It’s only got to this stage due to the court not receiving the n180.

as th claimant has agreed to consent, will i need to pay the £255

If you make payments on a payment plan or even the fact you have agreed to one is admitting the debt, so you've manoeuvred yourself really into the best outcome being set aside, discontinuance and you paying the instalments you have agreed to clear the debt.

The fee with consent if £100.

[Rock lobster]

Thank you

I’ve only agreed to make a payment arrangement as the warrant was aggressively applied for so soon and need the claimant to ask for a stay on it.

i don’t agree with the claim and wish to fight it. It’s only got to this stage due to the court not receiving the n180.

as th claimant has agreed to consent, will i need to pay the £255

[jaguarsuk]

Ok a change overnight, the claimant has agreed to a payment plan and will call up to suspend the warrant.

still don’t want a ccj as it wasn’t my fault the n180 didn’t get processed, he’s agreed to Consent to Set Aside, I assume this makes live easier.

Not necessarily, you shouldn't mention that you have agreed to settle in your application to set aside. He simply needs to consent and you need to present the application as you having send the N180 and the default judgement having been incorrectly entered.

If successful in the set aside of the judgement the claimant would then need to file a notice of discontinuance with the court to withdraw the claim.

If the judge gets a sniff that your set aside is just to rid the CCJ from your credit file and you have agreed to settle with the claimant the chances are that the judge would throw the application out as an abuse of process.

[Rock lobster]

Ok a change overnight, the claimant has agreed to a payment plan and will call up to suspend the warrant.

still don’t want a ccj as it wasn’t my fault the n180 didn’t get processed, he’s agreed to Consent to Set Aside, I assume this makes live easier.

[Amethyst]

All on here https://legalbeagles.info/library/ho...-judgment-ccj/ ( If you can't see them let me know and I'll upload them here )

actually here.... ( PDF's below )


Goes to local court that the warrant was from as the case will have been transferred there by Northampton CCBC.

[jaguarsuk]

Is there template draft order, I’m failing to find anything today with the stress.

which court is it for n244, Northampton as per judgment or local as per warrant?

You don't need to submit a draft order, just submit a Witness Statements using the template.

[Rock lobster]

Is there template draft order, I’m failing to find anything today with the stress.

which court is it for n244, Northampton as per judgment or local as per warrant?

[Rock lobster]

Is there a blank witness statement I can use, I’m failing to find things today completely

[jaguarsuk]

Ok I’m been trying to speak with the claimant, but the named person in the form is away for 2 weeks, so can’t ask him if he’ll agree to set aside, or indeed make an arrangement or even it appears arrange to pay until after all deadlines.

i have an automated email from his email saying he’s away until July 23rd, is this something I can use?

What do I need to put with n244, statement and order etc, I’m a bit stuck with what to write

You don't need to submit a draft order, just ask in 3 for an Order to set aside the judgement, suspend the warrant, and for relief from the sanction of not filing the DQ due to you returning the N180, but the default judgement still being entered.

In the Witness Statement you just need to state what has happened in a chronological order and enclose a copy of the proof you posted the DQ off.

[Rock lobster]

Ok I’m been trying to speak with the claimant, but the named person in the form is away for 2 weeks, so can’t ask him if he’ll agree to set aside, or indeed make an arrangement or even it appears arrange to pay until after all deadlines.

i have an automated email from his email saying he’s away until July 23rd, is this something I can use?

What do I need to put with n244, statement and order etc, I’m a bit stuck with what to write

[Rock lobster]

Thank you

ill call then and advise I have proof the forms were posted and will be applying for a set aside, anything else I should say to help with getting the stay

[jaguarsuk]

Do I send the stuff to Northampton or my local court which is listed on the warrant?

Local Court

[Rock lobster]

Do I send the stuff to Northampton or my local court which is listed on the warrant?

[jaguarsuk]

So my best course of action today is to ask the claimant if they will agree to voluntary set aside? I doubt they will as they are aggressive (as they are wrong!). If they do not agree, I should call up the court (Northampton or local court?) to get a stay on the warrant (what should I say?), following that get the set aside papers in promptly.

is this correct?

You can ask them for consent to set aside setting a 7 day deadline for response, but you need to stay the warrant and it could be executed in the next 7 days, so do as advised in post #8.

You need to file your application to set aside the judgement, suspend the warrant, and for relief from the sanction of not filing the DQ (which had the consequence of the judge struck out your defence) asap.
Set Aside Application