N244 setting aside

[getsomehelp]

Hi all,

I suddenly discovered a CCJ on my credit report but I never received any court papers.

The address against the CCJ is an old address.

Its a credit card debt but is statute barred.
The default date on my credit report is FEB 2011.
The CCJ is dated JAN 2019.

I am trying to get the judgement Set Aside and have prepared an N244, attached.

Please can you take a look and advise if its ok or if I need to include anything else?

Big thankyou

[getsomehelp]

I lodged an N244 based on court claim sent to wrong address and its statute barred.

The court has confirmed it will transfer the case to my local county court.

The claimant has also emailed me asking for more proof of my address and now also saying I made a payment in June 2013 - but dont give any bank details.

I am no longer with the same bank as in 2013 and cant look up statements to prove the claimant wrong.

Should i be sending more info/evidence to the claimant or just collect anything together in readiness for the set aside hearing?

Also, should I, before the hearing, be asking the claimant for the CCA and/or do a SAR request?
I guess if they cant produce the CCA thats another thing that helps me?

Is there anything else I should be asking from the claimant to help me?

[ostell]

Ask them to show full details for the alleged payment in 2013: how, who, bank etc. Another phantom payment

[getsomehelp]

UPDATE UPDATE UPDATE

I asked for full details of the payment and Hoist said they would contact the creditor to get the details - (wonder if they have details from 2013). I'm still waiting.


So 2 days before the hearing, the claimant (Hoist Portfolio/Robinson Way), emailed an agreement to consent to have ccj put aside. I signed and retuned it and they forwarded it to the court.

I didnt hear anything from the court or claimant so was all ready on the day for the telephone hearing. No call came and i got worried. I tried to call the court on a different phone but couldnt get through.

But 2 days later a court letter came through confirming the CCJ was set aside and I have 14 days to put forward a defence.

My defence is that its Statute Barred:

- the default date on my credit reports is April 2010.

- CCJ claim was made Dec 2018

- they say i made a payment in June 2013.

- I have no record or memory of that payment.

- I asked Hoist for full details of that payment before the hearing.

- Hoist said they would contact the creditor to get all the details (from 2013!).

- I'm still waiting for any info.

My defence is that no payments were made and so stat barred.

QUESTIONS.

What should I be now be asking for from Hoist Portfolio/Robinson Way? - CCA / anything else? To help with my defence.
and what should I do if the info doesnt come thru to me in time for the 14 days?


Thanks for all your help so far.

[getsomehelp]

Bump. Update and questions at bottom. Thanks