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Royal bank of scotland Wescot credit services and Drydens Limited

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  • #16
    Originally posted by echat11 View Post

    a) If I try to submit the N244 today, should I use same defence as it was prepared here earlier?

    Yes, same Defence,

    b) In addition to that, I should make a statement why ahve I missed the deadline to acknolwedge it on MCOL?

    You need a 'good reason' why your you Defence wasn't filed on time. There is 'guarantee' that the set aside will be granted.

    c) Or is it pretty much waste of £300 and would rather try making arrangement with the court instead?

    That is your call.

    If you decide to lodge the N244 - https://legalbeagles.info/library/ho...-judgment-ccj/
    Should I contact the claimant to ask their agreement for judgment to be set aside or straight to court please?


    I understand that I failed to acknowledge claim in time and missed deadline by few days.

    This was the reason why this has happened. - I was away from 20th February and when I got back end of February I went to night shifts and didn’t go to pick up letters (can’t live in the house at the moment as needs final refurbishment) until 4th March. It was only on the 4th that I picked up the letter and went to immediately acknowledge it but it was too late….


    Is this reasonable or should I not even use this and just use the previous defence instead?

    Your acknowledgment of service was submitted on 04/03/2026 at 17:48:43

    A judgment was issued against you on 04/03/2026 at 19:09:24

    Your acknowledgment of service was received on 05/03/2026 at 08:05:15

    Acknowledgment was meant to be due on 2nd March by 16:00.

    Comment


    • #17
      Oh and if I need to come up to some sort of payment plan without Nasking to set judgement aside - do I need to phone court asap to inform of this?

      Comment


      • #18
        Originally posted by robkeleuk View Post

        Should I contact the claimant to ask their agreement for judgment to be set aside or straight to court please?


        I understand that I failed to acknowledge claim in time and missed deadline by few days.

        This was the reason why this has happened. - I was away from 20th February and when I got back end of February I went to night shifts and didn’t go to pick up letters (can’t live in the house at the moment as needs final refurbishment) until 4th March. It was only on the 4th that I picked up the letter and went to immediately acknowledge it but it was too late….


        Is this reasonable or should I not even use this and just use the previous defence instead?

        Your acknowledgment of service was submitted on 04/03/2026 at 17:48:43

        A judgment was issued against you on 04/03/2026 at 19:09:24

        Your acknowledgment of service was received on 05/03/2026 at 08:05:15

        Acknowledgment was meant to be due on 2nd March by 16:00.
        a) Should I contact the claimant to ask their agreement for judgment to be set aside or straight to court please?

        If you seek the Claimants permission and they agree to the 'set aside' then the fee is 'lower'.
        Are they going to agree to it?


        b) I understand that I failed to acknowledge claim in time and missed deadline by few days.

        This was the reason why this has happened. - I was away from 20th February and when I got back end of February I went to night shifts and didn’t go to pick up letters (can’t live in the house at the moment as needs final refurbishment) until 4th March. It was only on the 4th that I picked up the letter and went to immediately acknowledge it but it was too late….
        Is this reasonable or should I not even use this and just use the previous defence instead?

        You need to provide the Judge / Court with the explanation why your Defence wasn't filed in time.
        Your Defence is going to be needed if they agree to 'set aside'.


        It really is up to you how you want to proceed.

        Comment


        • #19
          Originally posted by robkeleuk View Post
          Oh and if I need to come up to some sort of payment plan without Nasking to set judgement aside - do I need to phone court asap to inform of this?
          Yes phone and email the Court / Creditor.

          Comment


          • #20
            Thank you very much Echat11, really apprecaite your input.

            I will take a risk and will try to ask to set judgment aside. If it works out at least I have 1 year less of messed up credit history. If it doesn't work out, then at least I have tried and will have to make further steps form there.

            Anything in particular to chose here in N244?

            10. What information will you be relying on, in support of your application?

            the attached witness statement
            the statement of case
            the evidence set out in the box below


            I understand this is where I will write a witness statement from the other post that you have shared earlier. I shall draft one today and will upload here to look into please.

            Comment


            • #21
              Originally posted by robkeleuk View Post
              Thank you very much Echat11, really apprecaite your input.

              I will take a risk and will try to ask to set judgment aside. If it works out at least I have 1 year less of messed up credit history. If it doesn't work out, then at least I have tried and will have to make further steps form there.

              Anything in particular to chose here in N244?

              10. What information will you be relying on, in support of your application?

              the attached witness statement
              the statement of case
              the evidence set out in the box below


              I understand this is where I will write a witness statement from the other post that you have shared earlier. I shall draft one today and will upload here to look into please.
              So your Witness Statement needs Headings, page no's, statement of truth.
              Your evidence bundle needs to be cross referenced in the Witness Statement.
              It needs page numbers have labels so it can be cross referenced in the Witness Statement.

              https://hallellis.co.uk/preparing-witness-statements/



              Comment


              • #22
                This is something that is so hard for me to do....I have tried my best and this is something that I have come up with at this given moment.

                I was thinking as a follow up from number 7 to add my draft defence that I would have used it if I would have acknolwedged the claim in time. I will mkae a quick draft how this would look.
                In the meantime this is how far I got with N244 section 10


                WITNESS STATEMENT OF YOUR NAME
                _________________________________

                I , YOUR NAME of YOUR ADDRESS , 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 XX/XX/xxxx) 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 have learnt of the existence of this claim on the 4th March 2026 when I saw the Claim Form from Civil National Business Centre informing that money claim has been made against me. [EXHIBIT A]

                4. I was away from London from 20th February to 1st March. Upon my return I went to work and waited until my rest day to go to check if any letters were received in my absence. As I currently do not live at my property due to house still being more of a construction site than reasonable living accommodation, it was only 4th March 2026 that I found the claim form.

                5. Upon seeing the Claim Form I have immediately logged to Money Claim website to acknowledge the claim and have started working on my defence. I was ready to submit my defence to the Claim on 9th March 2026 however upon loading up to Money Claim website I found out that judgment was issued against me on 4th March 2026 at 19:09:24. This was the message that I have seen on the website:

                Your acknowledgment of service was submitted on 04/03/2026 at 17:48:43

                A judgment was issued against you on 04/03/2026 at 19:09:24

                Your acknowledgment of service was received on 05/03/2026 at 08:05:15 (EXHIBIT C)

                7. I contacted the court on 9th March 2026 who advised me that I can request to set judgment aside and would need to complete N244 form. Form was sent by court to me on 9th March 2026 at 16:45. As I am not experienced in these matters it took me some time to complete the form. (EXHIBIT D)

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

                Statement of Truth

                I, YOUR NAME, the Defendant, believe the facts stated within this Witness Statement to be true.

                Signed: ________________________________

                Dated: ________________________________

                Comment


                • #23
                  Updated version

                  WITNESS STATEMENT OF YOUR NAME
                  _________________________________

                  I , YOUR NAME of YOUR ADDRESS , 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 XX/XX/xxxx) 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 have learnt of the existence of this claim on the 4th March 2026 when I saw the Claim Form from Civil National Business Centre informing that money claim has been made against me. [EXHIBIT A]

                  4. I was away from London from 20th February to 1st March. Upon my return I went to work and waited until my rest day to go to check if any letters were received in my absence. As I currently do not live at my property due to house still being more of a construction site than reasonable living accommodation, it was only 4th March 2026 that I found the claim form.

                  5. Upon seeing the Claim Form I have immediately logged to Money Claim website to acknowledge the claim and have started working on my defence. I was ready to submit my defence to the Claim on 9th March 2026 however upon loading up to Money Claim website I found out that judgment was issued against me on 4th March 2026 at 19:09:24. This was the message that I have seen on the website:

                  Your acknowledgment of service was submitted on 04/03/2026 at 17:48:43

                  A judgment was issued against you on 04/03/2026 at 19:09:24

                  Your acknowledgment of service was received on 05/03/2026 at 08:05:15 (EXHIBIT C)

                  7. I contacted the court on 9th March 2026 who advised me that I can request to set judgment aside and would need to complete N244 form. Form was sent by court to me on 9th March 2026 at 16:45. As I am not experienced in these matters it took me some time to complete the form. (EXHIBIT D)

                  8. This was my draft defence that was to be uploaded on the 9th March 2026 but unfortunately could not do it as the judgement was made against me. (EXHIBIT E) (was thinking to attach EXHIBIT of the defence that was written in this topic on the first post)


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

                  Statement of Truth

                  I, YOUR NAME, the Defendant, believe the facts stated within this Witness Statement to be true.

                  Signed: ________________________________

                  Dated: ________________________________

                  Comment


                  • #24
                    Originally posted by robkeleuk View Post
                    Updated version

                    WITNESS STATEMENT OF YOUR NAME
                    _________________________________

                    I , YOUR NAME of YOUR ADDRESS , 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 XX/XX/xxxx) 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 have learnt of the existence of this claim on the 4th March 2026 when I saw the Claim Form from Civil National Business Centre informing that money claim has been made against me. [EXHIBIT A]

                    4. I was away from London from 20th February to 1st March. Upon my return I went to work and waited until my rest day to go to check if any letters were received in my absence. As I currently do not live at my property due to house still being more of a construction site than reasonable living accommodation, it was only 4th March 2026 that I found the claim form.

                    5. Upon seeing the Claim Form I have immediately logged to Money Claim website to acknowledge the claim and have started working on my defence. I was ready to submit my defence to the Claim on 9th March 2026 however upon loading up to Money Claim website I found out that judgment was issued against me on 4th March 2026 at 19:09:24. This was the message that I have seen on the website:

                    Your acknowledgment of service was submitted on 04/03/2026 at 17:48:43

                    A judgment was issued against you on 04/03/2026 at 19:09:24

                    Your acknowledgment of service was received on 05/03/2026 at 08:05:15 (EXHIBIT C)

                    7. I contacted the court on 9th March 2026 who advised me that I can request to set judgment aside and would need to complete N244 form. Form was sent by court to me on 9th March 2026 at 16:45. As I am not experienced in these matters it took me some time to complete the form. (EXHIBIT D)

                    8. This was my draft defence that was to be uploaded on the 9th March 2026 but unfortunately could not do it as the judgement was made against me. (EXHIBIT E) (was thinking to attach EXHIBIT of the defence that was written in this topic on the first post)


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

                    Statement of Truth

                    I, YOUR NAME, the Defendant, believe the facts stated within this Witness Statement to be true.

                    Signed: ________________________________

                    Dated: ________________________________

                    It's fine, it's self explanatory, easy to understand. Good job.
                    Your numbering is incorrect in the updated version, should read 1 to 8.
                    Point (5) 'logged onto Money Claim'
                    Point (8) is missing an 'I', 'but unfortunately I could'.
                    Point (8) Do this, but don't forget to remove '(was thinking to attach EXHIBIT of the defence that was written in this topic on the first post).

                    Comment


                    • #25
                      Thank you very very much Echat11!

                      Comment


                      • #26
                        Ok, finally all sent and the payment to court to be made in the morning.

                        In the meantime should I send something to Drydens Limited to inform them that applicaiton to set order aside has been made?

                        Comment


                        • #27
                          Originally posted by robkeleuk View Post
                          Ok, finally all sent and the payment to court to be made in the morning.

                          In the meantime should I send something to Drydens Limited to inform them that applicaiton to set order aside has been made?
                          Yes, send them copies of what you've sent to the Court, make sure you get Proof of Postage.

                          Comment


                          • #28
                            Need some advice again please

                            so I have submitter N244 claim for to court on 19th March and payment was made on the morning on 20th March. Application automated email was received from court and payment definitely cleared to court.

                            Dryden solicitors were informed of N244 claim on 30th March and confirmed receipt of documents on 1st April.

                            I have just now received the following letter from Drydens solicitors dated 2nd April where they confirm having received an order from court dated 30th March, charging interest. They also refer to dates mentioned in court order. There is an attached Interim Charging Order which was issued on 30th March.

                            The order states at the bottom: “4. Unless the judgment debtor or any other person files and serves their objection to the continuation of the charge in writing, within 28 days of the date of service of the order, the application will be considered by a District Judge or Legal Adviser once 49 days from the date of the order have expired. The District Judge or Legal Adviser will consider, without a hearing, whether the charge created by this order should be made final (with or without modification) or should be discharged.”

                            My understanding is that Drydens are further pursuing with Application for charging order on land despite knowing that N244 has been sent to court to consider.

                            What should I do now? Do I contact the court to object the process? I did not receive anything related to 30th March and it came as a surprise.

                            https://ibb.co/F4js6JF4
                            https://ibb.co/Rw96TfL
                            https://ibb.co/q36b4HJz
                            https://ibb.co/fdgmswKk
                            https://ibb.co/tPnVZQTJ

                            Comment


                            • #29
                              Hi, I will try to contact the court today to seek further clarification.

                              Correct me if I am wrong however I was under impression that if I submit N244 form then until it's hearing the current status of the case will be suspended? But form what I see the court is pushing with further and further additions to the judgement?

                              Comment


                              • #30
                                So, digging further it looks like I need to write an objection to court and the copy to the creditor or their legal representatives.

                                It does mention that I will have to have potential grounds for the objection.

                                Would the grounds that N244 claim form was submitted to court on 19th March and I was waiting for the outcome before getting into any talks with Drydens be sufficient grounds? I do not fully know if their are genuine RBS representatives after all.

                                Comment

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