Reasonable time for setting a CCJ aside

[Fazza]

hello there everyone
I posted here a few months ago regarding setting aside a CCJ, now finally i have managed to save enough to pay for the £255 fees but my question is the ccj is from june last year ive been trying to see if i could get this set aside but do not have any legal or financial help... if i submit a n244 form now, will the judge reject it saying its taken too long for me to file this or would i be ok to go ahead i really do not want this £255 to go to waste. thanks

[charitynjw]

Hi FAZZA

I trust you were directed to
https://legalbeagles.info/library/ho...#letterconsent
in previous posts.

Delay is not necessarily fatal to the application (though it would be viewed in a dim light).
But other factors are also taken into consideration (Google 'Denton 3 stage test')
In this court case
https://www.bailii.org/ew/cases/EWHC/Ch/2015/987.html
there was a considerable delay, but due to other factors (including a good prospect of defending the original court claim), the default judgment was set aside.

I guess it's up to the strength of your arguments, & the demeanor of the Judge on the day.

If you are reduced income you could get fee remission
https://www.gov.uk/government/public...-tribunal-fees

(I couldn't find your previous thread, so the above isn't based on any info therein.)

[Fazza]

Thanks for the reply I have filled the n244 form ready to submit to slough county court even though the original court who gave judgment was Northampton. Is that correct. I have ticked third option on page two where I have asked to set aside judgment on basis of incorrect address used for court forms and also requested a refund of £255 fees. I have mentioned that I have proof of informing the company of my addrss if needed.

I have also mentioned that I did not receive any paperwork in regards to the amount being owed.

I haven't made a draft order as don't know how to technically word it.
I have made two copies and entered a help to pay reference.
so should I just send this to slough CC.
also I have got another email from TM legal that they will be sending my case to court for control of goods etc... I want to ask how long will it take for the court to suspend this if they were to go ahead with it.

[Fazza]

Please note all the correspondence via TM has been via email and text. They wrote to me once in all this time using threatening language which they are famous for.

[Amethyst]

Why Slough ? Has the claim been transferred there since the judgment was given, for enforcement maybe ?

Putting the application in should put a hold on TM obtaining a warrant if they haven't already done it... and previous experience shows they tend to threaten lots and not do much at all.

WIll see if I can see your previous thread about this.

Ahhh https://legalbeagles.info/forums/for...-from-tm-legal

Had they actually done anything that they'd threatened ? They were threatening applying for a warrant back in October weren't they?

I initially found out through email that they will be pursuing me for a CCJ I have them my new address yet they still decided to claim on old address

Mention that in your application, with the evidence as an exhibit to your witness statement if you have it still.

[Fazza]

Hey thanks Ameythst. No i just thought I send the claim to my local court.
so I should send it to the original court which was the Northampton business court.

so as evidence I can tick witness statement and attach a copy of the email I sent. The email trail specifically doesn't have my addrss on it just says I have updated given you my previous address as well as I have proof that I actually went to my old address to see if there were any court forms but received nothing.. I must have updated the address via letter. I do have receipts for sending correspondence. Can I attach that too?

[Fazza]

Also I've been reading up on set aside consent.. do you think it would be a good idea if I write to TMLS and ask if they were willing to give consent to set This aside or just write to them to say I will be submitting n application to set aside.

[Fazza]

Hi everyone I have now received this email

| Privacy | Contact | About Us |

Customer Reference: Outstanding Balance: £ Dear , We write in reference to your County Court Judgment. We have made numerous attempts to contact you via, SMS, email and letter and you have failed to engage with us. As we have been unable to resolve this matter with you amicably, a Warrant of Control has now been submitted. This communication acts as a legal notification of submission. The Warrant of Control has now been issued to your local County Court. You will receive further correspondence from the County Court Bailiff. They will notify you, that the Warrant of Control has been submitted, with instructions of how to make a full payment within 7 days before they attend your property. Failure to comply with the N326 Form (Notification of Warrant of Execution), will result in a bailiff being issued to your home address to recover goods and/or monies in relation to the sums due under the County Court Judgment. Now the Warrant of Control has been submitted any offer of payment will remain entirely at the discretion of the Bailiff.

what should be my next step

[charitynjw]

Hi

May I ask if you are on a low income?
If so you could qualify for court fee remission.

[Fazza]

I don't qualify for low income fee remission.. I should be able to pay the £50 to suspend this warrant or do you think it's worth putting in the n244 form to set This aside?

[charitynjw]

Tbh, if they do follow through with the threat, I would think the n245 warrant suspension takes precedent.

& as the enforcement officer needs to give notice before calling at your home, it gives plenty of time to sort it out. (7 days).

If it were me, I'd email TM & tell them that I will do exactly that,

You do need to make a move re the set aside.....should be done promptly.

[Fazza]

Thank you for the reply.. so today I will send the n245 off to Northampton court who will hopefully stop it going to my local court and then follow it up with a n244 ?

[Amethyst]

do you think it's worth putting in the n244 form to set This aside?

Yes, you have your N244 application to set aside ready to go don't you ? Can you add on the first box ' and suspend the warrant of control' and get it filed at Northampton CCBC - you shouldn't have to submit an N245 as well, the N244 will cover both. Once submitted to the court give them a ring, you'll likely need to ring them to make the payment anyway, and say to them the application includes asking to suspend the warrant so that it is dealt with quickly and a note put on the case file. You can also check with the court when you call them whether TM Legal have actually made the application for the warrant or not. That way you only need pay the £255 and the extra £50 is not required. The N245 really is for if you want to suspend the warrant and make an offer to pay through the court.

You need to send a copy of the application to the claimant as well, to the address for documents on the original claim form - not sure if TM legal actually acted in the claim or if Asset acted for themselves, either way, I'd send a copy to TM legal as well.

Original thread https://legalbeagles.info/forums/for...-from-tm-legal

[charitynjw]

Thanks Amethyst

[Fazza]

Thank you to both of you yes my n244 is ready will send it in post recorded delivery to both Northampton, asset and TM Legal. Thank you for all your advice.