Reasonable time for setting a CCJ aside

[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 ?

this is what i have done in and ready to post to Northampton CBBC, Asset and TM
i will sign and post these once either Amethyst and or Charitynjw are happy with it

[4737 Carlin]

If you are not submitting a Witness Statement then it might be clearer for the Court if you removed the tick from the relevant box in section '10'.

[Fazza]

this is what i have done in and ready to post to Northampton CBBC, Asset and TM
i will sign and post these once either Amethyst and or Charitynjw are happy with it

i thought i had to tick that to show the proofs, sorry im not legal minded. i will amend it

[Fazza]

Amethyst and Charityjnw, ive been advised by national debtline that my case may not be succesfull as by the time i informed Asset ltd of my new address they had issued court forms and hence were correct in doing so serving the papers to the old address even though by that time they knew my new address

[charitynjw]

Could you clarify?
When did you move? (date)
When did you inform TM of your move, & can you evidence that? (date)
What is the issue date on the court claim form?

[Fazza]

Amethyst and Charityjnw, ive been advised by national debtline that my case may not be succesfull as by the time i informed Asset ltd of my new address they had issued court forms and hence were correct in doing so serving the papers to the old address even though by that time they knew my new address

I moved in February 2017 .. asset collections had been using email which was ending up in junk mail until I saw a correspondence with title COUNTY COURT JUDGENENT on 4/6/18 to which I stra8ghtaway replied with my address..the email advised the court forms have been submitted so national deadline adviser said they have followed process by writing to your last known address.. I did not receive any claim forms as they may have been delivered to old address even though I had visited the property a few times to get the post but didn't see anything

[Fazza]

Still getti g calls and text from them.. what should I do, i also have for. N245 filled ready to go ..

another thing I noticed was the original court letter with judgment on it was more than £5000 now I have read somewhere this cannot be enforced by country court

[charitynjw]

County court now £10,000 limit.

[Fazza]

I have now received this.. I am very inclined now to just send the n245 to suspend this warrant.. Am I now writing to the court in Slough with the details on the form and can I visit the court to get it processed tomorrow.

question 2 it says I have until 12 March to pay does this mean they won't visit me till 12 or can they visit.

Also is it worth calling the bailiff tomorrow to explain the situation and setup a payment plan.

appreciate all your help but looks like I'm fighting a losing battle here.. TM Legal is still calling texting and emiling me don't know what they want now

[Amethyst]

Did you submit the N244 yesterday ?

[Fazza]

No as adviser from national debt line said it's a real risk you will lose your fees as don't have a strong case.. due to giving the address to asset Ltd once they had sent forms..

[Amethyst]

Hmm ok. Can you answer charity's questions about dates pls. https://legalbeagles.info/forums/for...33#post1451833

that you hadn't informed asset before the court claim matters not if you had moved a while ago and were on electoral roll / credit file was updated etc. The claimant is meant to undertake due diligence to ensure they are filing at the correct address, so really depends on dates - if you only moved a couple months before the claim or a couple years before the claim makes a difference

as does what the original debt was and whether had you received the claim there would be a reasonable prospect of success at defending the claim.

You need to to decide whether you want to fight to get the ccj set aside and defend the claim or do the n245 to suspend the warrant and vary the order to affordable installments ( the original judgment was forthwith ? )

also how did you come to tell asset about your change of address ? Had they emailed you about sending court papers and you replied before they asked for default judgment for example .... dates are important there too pls.

[Fazza]

Hey Amethyst I answers charities question but I'll write again.. I moved address in Feb 2017 and promptly registered to be on electoral roll. I received notification via email they had already sent court papers on 4/6/18 And I replied same day giving them my new address and sent them emails and posted letters only to get automatic template replies that CCJ will go ahead. The CCJ was issued around 27 June 2018.
the original judgement was forthwith and for roughly 5100. I am not sure why the amount has now gone down.

ideally I want to fight CCJ but according to advice I got from national debt line they said even if you win the CCJ set aside the court will ask you to file a defence and you are admitting to the debt ( even though I dispute the amount ) you will lose and another warrant could be issued

I really need some advice promptly both n244 and 245 are ready just need to amend the court.. Where do I send these to ? The address on the warrant??

[Fazza]

If I had received claim forms I would have setup a payment plan and not risked getting a CCJ as I have done with my previous creditors.

[Fazza]

No as adviser from national debt line said it's a real risk you will lose your fees as don't have a strong case.. due to giving the address to asset Ltd once they had sent forms..

as i mentioned previously, at this time, im more concerned about stopping Bailiffs turning up at my house, i dont mind paying the £50 now to stop the enforcement action and then go down the line of n244 if possible to see if i can seet aside.. but stopping the bailiffs is my paramount worry..im physically sick due to this also im paying through a cheque made to HM courts and tribunal service.. if i do that would they wait till the payment clears to process my case or would it be done straight away??