CCJ set aside advise/ HELP Please.

[ansonlee]

I checked my Experian credit report today and found out that there was a Country Court Judgement issued against me in 19 Nov 2019 for a very catalogue account.
I contact Northampton Country Court and obtained the claim number & claimant details which was LOWELL SOLICITORS LIMITED.

Recived a email by Northampton Country Court:

Please see a screen shot of the particulars of the claim.
1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH VERY - LITTLEWOODS/ADDITIONS DIRECT WHICH WAS REGULATED BY THE CONSUMER CREDIT ACT 1974 UNDER REFERENCE XXXX ON 23/03/2013 ('THE AGREEMENT'). 2) IN BREACH OF THE AGREEMENT, THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND THE AGREEMENT WAS TERMINATED. 3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 17/12/2018 AND WRITTEN NOTICE GIVEN TO THE DEFENDANT. 4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £XXXX REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS A) THE SAID SUM OF £XXXX B) INTEREST PURSUANT TO S69 COUNT COURTS ACT 1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, ACCRUING AT A DAILY RATE OF £2.078, BUT LIMITED TO ONE YEAR, BEING £629.50 C) COSTS

If you think that a Judgment has been entered against you incorrectly and you would like to remove it you can apply to set the Judgment aside using the N244 Application Notice. As the Claimant has issued a Writ of Control to enforce the Judgment you will also need to apply to stay the writ on the attached N244.

The reason why i do not know anything about this CCj claim and eventual judgement is because I moved out that address in 2015 and informed very too. I have a statement from Very dated may 2018 regarding my account & a letter from Lowell Financialn Ltd Pre-Legal Assessment dated March 2019 to prove that they know my new address.
I disagree with the amount the creditor is claiming, I need put back in the position before the judgment.

I need a help to fill in the N244 form as well as my witness statement and draft order.

1. Do i have a good chance for a set aside in my case?
2. Any advise on my witness statement or draft order?
3. Should i enclose evidence (staetment & Lowell letter) of my address or do i just take that to a hearing?
4. How to apply to stay the writ on the attached N244?I can't find this form?
5. How long to wait for apply to stay the writ?If the bailiffs visit my home before what can i do?

I hope you guys can advise me.

[Amethyst]

https://www.gov.uk/government/public...cation-notice* is the N244 application notice

The N244 is a general application form so you have to write in the order you want to suspend the warrant

You would have a good chance of succeeding with a set aside application as you moved house and informed the creditor, and claimant, of the new address before the claim was issued ( and can evidence such? )

You can attached evidences to the witness statement that you write to go with your application.

As soon as you have applied inform the claimant and they should put a hold on any enforcement.

[ansonlee]

https://www.gov.uk/government/public...ication-notice is the N244 application notice

The N244 is a general application form so you have to write in the order you want to suspend the warrant

You would have a good chance of succeeding with a set aside application as you moved house and informed the creditor, and claimant, of the new address before the claim was issued ( and can evidence such? )

You can attached evidences to the witness statement that you write to go with your application.

As soon as you have applied inform the claimant and they should put a hold on any enforcement.

Thanks Amethyst

Can you advise me how to fill in N244 form,i have no idea the answer from 3-10.
Can you help me how to draft my witness statement ,the statement of case & the evidence set out in the box?

I got statement by Very (creditor) & letter by Lowell (Claimant) with my new address on for evidence,is that enough to apply CCJ set asdie?

Thanks

[Amethyst]

Of course.

Statement and letter from the original creditor and the claimant should be enough to evidence you told them of your new address before the claim was issued to the old address.

There are some examples here as a starting point

• Example N244 Application Form
• Example Draft Order
• Example Witness Statement
• Example Draft Defence

You might have to scroll down a little

Section 3

An order to suspend the warrant and to set aside the judgment in default pursuant to CPR 13.3 because the Claimant issued the claim to an old address despite having been informed previously of the Defendant's current address. The Defendant only discovered the judgment on checking his credit file and has acted promptly in making this application.*

Actually if judgment was only dated 19th November - is there a warrant ? The court said an application had been made for a writ of control but that's very quick.

[ansonlee]

Amethyst i have managed to get through to the courts this morning.

The judgment dated 19/11/2019,still within 28 days
No Warrant Control apply to my case yet.

So what I need to do now.

1) Email to LOWELL SOLICITORS LIMITED asking for them consent to setting the order aside?Do I wait for them to reply before I send off my N244 form to the court.

2. Send the application into court asap.Then i can dispute it.

[ansonlee]

Amethyst

Draft Order
Upon reading the defendant’s application dated 09/12/2019

It is ordered that:

1. The judgment dated 19/11/2019 be set aside.

2. The Defendant shall file and serve its Defence by 4pm on [insert date].? what date should i put?

3. The Claimant do pay the Defendant’s costs of this application to the sum of £255

4. The Claimant has permission to file and serve a reply if so required.

Thanks

[ansonlee]

Amethyst



Where should i send the N244 form to,i got two different address.

Administrative Officer

Helpdesk

HMCTS

County Court Business Centre

St Katharine's House

21-27 St. Katharine's Street

Northampton

NN1 2LH

Please send the completed N244 application to your local High Court District Registry?

[ansonlee]

Please someone help Amethyst

[ansonlee]

Amethyst Do you mind if I private message you with what I come up with of a copy of N244,Witness Statement & draft statement. Thanks

[Amethyst]

Great, the pressure is off now you know there isn't a warrant... thought it was a little speedy for that.

Yes ask Lowell to consent to a set aside due to the address issue.

Give them 7 days to reply.

Then you can file your application.

Draft Order

Upon reading the defendant’s application dated 09/12/2019

It is ordered that:

1. The judgment dated 19/11/2019 be set aside.

2. The Defendant shall file and serve its Defence by 4pm on [insert date].?

what date should i put?

3. The Claimant do pay the Defendant’s costs of this application to the sum of £255

4. The Claimant has permission to file and serve a reply if so required.

Thanks

* [insert date]* …* you can put [ 14 days from the date of this order ] in reality the court will make what they want up so it's not majorly important.

Your set aside application will go to Northampton CCBC as the case hasn't been transferred to a local court ( default judgment and no enforcement as yet ) so yes St Katharines House.

if you can get Lowell to consent then they can file it themselves and it will only cost them £100 ( by consent )

Are you intending to defend in full or partially ? If partially you could negotiate settling the part you agree with as a full and final ( lump sum or instalment) as part of the set aside consent.

[ansonlee]

Amethyst I am trying to locate the example letter to request the consent of a Claimant to set aside a CCJ. But the link on the page is does not work. Can you help me how to draft it,please. Thanks

i will be intending to defend in full.

[Amethyst]

Hmmm not sure where that's vanished off to, it was quite basic . I've done a quick draft below - doesn't need to be overly legal etc just say what you want and why.... obvs amend as appropriate.

Dear Lowell

Claim XXXXXXX - Lowell Portfolio v AnsonLee

I have recently been made aware that you have obtained a County Court Judgment in Default against me. The judgment was awarded in default on 19th November 2019 and appears to be for an alleged debt owed to ShopDirect.* I am writing to request that you consent to set aside the judgment as I did not receive any court papers regarding your claim.

It appears the claim was issued to a previous address, xxxx adddressss xxxx that I have not lived at since xxxx 2015.* This is somewhat concerning as both Shopdirect and Lowell were informed of my new address in xxxxxxx, and I have previously received mail from both Shopdirect and Lowell at this address.

I intend on applying to the court to set aside the judgment pursuant to CPR13.3 so that I may defend the claim, or consider making a settlement arrangement with you, depending on the facts of the case.* It would, of course, be preferable if you could consent to the set aside, as this will save further time, costs and a potential hearing before we can move forward. To this end I enclose a draft consent order for your attention

(you don't have to they can do their own - entirely up to you)

As I am obliged to act promptly in making my application I require a response from you within 7 days from receipt of this letter.* I intend to file my application on 20th December at which point I will be asking the court to award the costs of such application against you.

I look forward to hearing from you

Kind regards

AnsonLee

[ansonlee]

Thanks Amethyst letter & email send together.
Do you mind if I private message you with what I come up with of a copy of N244 form,Witness Statement & draft statement. Thanks

[ansonlee]

Amethyst

What do you think my witness statement.

I , (xxx) of (xxx) , being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated 19/11/2019) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on the 06/12/2019 when I Checked my Credit File requesting payment of the judgment detailed in paragraph 1.

4. My address changed in 11/2015. I informed the Creditor that I had moved house in telephone & online account on 11/2015

5. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 19/11/2019. However, this claim form was not been served at my current address and therefore, I was not aware of the Default Judgement. I understand that this Judgement was served at an old address (XXXX). However, I moved to a new address (XXX) back in 11/2015.

6.On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant current address when bringing the claim.

7.Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

8. On 10/12/2019 I made a written and email request to the Claimant/Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

9. The Claimant did not respond to my request.

10. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

[Amethyst]

admin@legalbeagles.info

Just going through the WS ...



I , (xxx) of (xxx) , being the Applicant and Defendant in this case will state as follows;



1:I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated 19^th November 2019) be set aside pursuant to CPR 13.3.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I first learnt of the existence of the Judgment on the 6^th December 2019 when I checked my Credit File following receipt of an alert (ie put in why you checked credit file ) ( EXHIBIT A ) (attach print of the screen from credit file)

4:I understand that the Claimant obtained a Judgment in Default on 19^th November 2019. However, this claim form was not served on me at my current address, XXXXX put your address XXXX, despite the Claimant having previously been made aware of that address. The claim was issued to a previous address, XXXX address XXXXX.

5. My address changed in November 2015, at which time I informed the original creditor and the Judgment holder by telephone and through an online contact form ( EXHIBIT B ) (attach evidence – eg phone bill showing call & email confirmation of contact form)

6. In addition my credit file has my current address (EXHIBIT A)and I am on the electoral roll There is no reason that the Claimant couldn't have issued the claim to my current address had they undertaken minimal due diligence.

7.Considering the above I was unable to respond to or defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

8. On 10th December 2019 I made a written and email request (EXHIBIT D) to the Claimant and their Solicitors inviting them to consent to set aside the judgment due to the reasons set out above.

9. The Claimant has failed to respond to my request within XXX days and I understand the requirement to make this application promptly and without undue delay.

10. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 28 days for me to submit my defence. (I've changed to 28 as once set aside granted you will need to send a CCA request and give them time to respond-12+2 days at least and consider any information they do send)

11: I also respectfully request the Court orders the Claimant pay the costs of this application, being the £255 court application fee.

Statement of Truth

I believe the facts stated in this Witness Statement are true.

Signed

Dated.