CCJ set aside advise/ HELP Please.

[Amethyst]

Morning

Draft Order looks fine.

N244 - I would add CPR 13.3 - so " pursuant to CPR 13.2, or in the alternative CPR 13.3"

The WS reads fine.

11. On 10th December 2019 I made a written and email request to the Claimant and their Solicitors inviting them to consent to set aside the judgment due to the reasons set out above. (See Evidence E: Email )

Just put ( EXHIBIT E ) instead of ( See evidence E: Email )

Same in Para 12

therefore, Judgment was obtained correctly

should be incorrectly

See EVIDENCE C:shop direct paper statement dated 05/2018,letter by Lowell dated 03/2019,credit report attached. )

Change to additional paragraphs

7: I attach as EXHIBIT A a copy of a statement sent to my current address by the Original Creditor, Shop Direct, dated May 2018.

8. I attach as EXHIBIT B a letter from the Claimant sent to my current address dated March 2019.

9. I attach as EXHIBIT C a copy of my credit report showing my current address dated xxxxxx

10: I attach as EXHIBIT D confirmation of my being registered on the electoral roll at my current address.

( it would be useful to have anything dated after march 18 - ie screen shot of Lowell reporting the debt at your current address in April etc )

You may also want to attach a copy of Godwin v Swindon Borough Council ( or at least the relevant paras )

At the end, where you say about awarding the costs of the application - make sure you delete the A^* bit by the £ symbol.( our fault the forum mucks up at the moment - so just if copy and pasting from here, check it for random oddments )


You don't say what you would have done had you received the claim - I might add something in early so the court can see you aren't setting aside just to let it go back to a judgment against - consider defending, checking the sums being claimed, making a settlement offer etc.

[ansonlee]

Amethyst

N244 - I would add CPR 13.3 - so " pursuant to CPR 13.2, or in the alternative CPR 13.3"

is that's ok?

"An order to suspend the warrant and to set aside the judgment in default pursuant to CPR 13.2 and 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."

I have a email updated version of the WS! please when you have time can you let me know if that’s ok.

Thanks for your help.

[ansonlee]

Amethyst

I'm sorry to be a pain - just having a bit of a panic because of it.


I checked my credit file this morning, Lowell change my account from my current address to my old address.
just spoke to Experian,the last updated by Lowell is on 23 Dec 2019. ( Experian will send the copy of my credit report to proof they changed my current address to my old address.)

The question is:
1.Do i need write it down in my witness statement?
2. Can i submit N244 & witness statement first and submit evidence later?( Experian will take 5 working days send the copy to me) .
3. Can i make a complain? have Lowell right to do this?
LOWELL PORTFOLIO 1 LTD checked my Experian Credit Report on 16 Dec 2019 using my old address(UNRECORDED ENQUIRY account.)

Thanks again.

[ansonlee]

Amethyst

Can you help,please.
Sorry to bother you again,can you give me some advice about Lowell change my address.
I have send a new version of WS to admin@legalbeagles.info and I would really appreciate feedback please to see if it's correct.

Thanks again.

[Amethyst]

I'll take a look xx

[Amethyst]

Right, yes, had you retained screenshot / copy of file from last few months when they were reporting at your current address ? I assume you had something to put as an exhibit before they made the change ? If so can include that and after the change as exhibit .... to show they changed if after you informed them you intended to apply to set aside based on the address issues.*

So if you included your current address in your letter/email requesting they consent to the set aside then after para 14 add in a small para something like *...

On 29 December 2019 I checked my credit file and found that on 23 December 2019 the Claimant had changed the address attached to their reports of the debt alleged in their claim from my current address of xxxxx to my previous address of xxxx. There appears to be no reason for this other than as a response to my email ( which confirmed my current address) requesting they consent to a set aside. Experian are sending documentary evidence of this change and this will be provided to the court and claimant as soon as possible. *

*
..........,,,,,,,,,,,,

Check the spelling of your name in first paragraph ( think theres a typo)


Para 14 beginning put ... I am grateful to the Claimant in bringing the information regarding searches on my credit file using my previous address to my attention....



*

[ansonlee]

Amethyst

I received all the evidence now.

Experian just send me a email:
investigations report:
I have contacted Bank of Ireland and Marks and Spencer Money about their information and they have now replied.
I am pleased to tell you that I am deleting the below Bank of Ireland and Marks and Spencer Money searches as well as the other information from your credit report and you will see this change on your report in the next seven days.
*** Bank of Ireland, searches dated 19/03/2019
*** Marks and Spencer Money, searches dated 19/03/2019, 22/03/2019 and 19/12/2019
*** Moneysupermarket, searches dated 02/12/2019 and 19/03/2019
*** Moneysupermarket with Capone, search dated 19/03/2019
*** Oakbrook Finance, searches dated 02/12/2019

Credit file by Lowell:
Dated: Aug 2019 with my current address
Dated :Sep 2019 with my current address
Dated: Oct 2019 with my current address
Dated: 17/12/2019 with my current address
Dated: 21/12/209 with my old address and searched on 16/12/2019.

In your opinion is worth send a email to Lowell again before submit N244? Will the judge question me why i take too long to apply set aside?

Really appreciate your help.

[ansonlee]

Amethyst* what your opinion and any advice for my situation now.
Thanks

[Amethyst]

Include the documents with the WS - just adjust to suit - particularly the evidence that Lowell continued reporting at new address until you asked them to consent to set aside and then changed it back to your old address - send a copy to Lowell with a further request for them to consent to the set aside and give them a specific date by which to reply (14 days) or you're filing it at court and requesting costs against them. The court will see you have made every effort to get consent and apply promptly.

[ansonlee]

Amethyst

Thanks for your reply and advice,I have send a adjusted version of WS and Lowell letter to admin@legalbeagles.info and I would really appreciate feedback please to see if it's correct.

Do i need enclose N244,WS,Draft order and all evidence in Lowell letter?



Thanks so much for your time.

[ansonlee]

Amethyst*
Do you have a time* to look at my final version before i send over to Lowell on today,please.*

[ansonlee]

Amethyst


Sorry, i send the WS and letter to admin@legalbeagles.info this morning,I'm not sure did you receive it or not,I'm still waiting your final check before i send it over.

Really appreciate your help.

[ansonlee]

Amethyst

Hi! Sorry I know you are very busy,you may don't have a time to check my WS, but would I be able to ask do i need enclosed a copy N244,WS, Draft order and all evidence to Lowell for consent to the set aside.
Thanks

[ansonlee]

anyone can help,please?**

[ansonlee]

Amethyst

New update:
I received letter to my current address by Lowdell Solicitors today for asking payment,i enclosed letter here.

I just submited N244 application 1 day ago ,so what should i do now? Do i need make monthly payment to Lowdell now until set aside result? or once i submited N244,they can't send bailiffi to my home to collect payment?

On 31/12/2019 I send a CPR letter to request 1. Agreement 2. Notice of Assignment,Lowdell only send me Notice of Assignment, dated 02/01/2019 with my current address,but i never receive it before.

No agreement send.

Thanks for advice,please.