ccj by default and now going for charging order

[hellhasnofury]

Hello

Not been on the forums for a long time. Have been ill, really down, fallen back into the black hole and allowed disputes to fall by the way.

Received court papers for a loan and overdraft which has been in dispute for four years, out of the blue in feb this year. I did acknowledge the claim to defend, but never sent in a defence due to panic attacks and total lack of confidence.

Received the ccj by default in march and now they are going for the charging order in July.

I felt I did have a really good defence, no ca, no default notice, but just allowed doubt and negativity to overcome me to the point of being unable to function.
I know that I could apply to have this judgement set aside, but don't know what to say.

Need help and support please

[natweststaffmember]

Re: ccj by default and now going for charging order

Great to see you about on the forums. I had wondered where you'd gone.

[Guest]

Re: ccj by default and now going for charging order

You may apply for a set aside, but time is of the essence and if this is going to succeed you cannot waste any more of it. Of primary concern is the delay between you receiving the judgment and now. You will need to be able to explain sufficiently why this delay existed and why you did not act sooner.

Look here, post #26 AL59 PPI Claim - Natwest **REFUNDED** - Page 2 - Legal Beagles Consumer Forum for more details on set aside and the caselaw which may support your application.

However, you will still need to be able to explain to the court why you have taken so long do act. This may be your illness and repercussions of that but you will need to have something in support, such as doctors notes, details of treatment or hospital admission dates, if there were any.

March was not that long ago, you do have a reasonably good chance of having the set aside granted, but bear in mind that this does not mean the debt goes away, just that the creditor must wait before taking further action and you will get the opportunity to submit a defence.

[enaid]

Re: ccj by default and now going for charging order

Hello Hell,
I hope all goes ok and the advice that Cet has given you the urge and confidence to carry on with this.
I am also sorry you have been unwell and hope you are soon well again.
All the very best Enaid xx

[TUTTSI]

Re: ccj by default and now going for charging order

Hiya Hells

Sorry that you have been unwell and hope that you will find the strength to follow Cets advice.

We are all here for you to give you the support that you need.

Tuttsi xx

[hellhasnofury]

Re: ccj by default and now going for charging order

You may apply for a set aside, but time is of the essence and if this is going to succeed you cannot waste any more of it. Of primary concern is the delay between you receiving the judgment and now. You will need to be able to explain sufficiently why this delay existed and why you did not act sooner.

Look here, post #26 AL59 PPI Claim - Natwest **REFUNDED** - Page 2 - Legal Beagles Consumer Forum for more details on set aside and the caselaw which may support your application.

However, you will still need to be able to explain to the court why you have taken so long do act. This may be your illness and repercussions of that but you will need to have something in support, such as doctors notes, details of treatment or hospital admission dates, if there were any.

March was not that long ago, you do have a reasonably good chance of having the set aside granted, but bear in mind that this does not mean the debt goes away, just that the creditor must wait before taking further action and you will get the opportunity to submit a defence.

Many thanks for your responses they are very much appreciated.

I have printed off a application Notice and it has sat for a long time on the top of my desk. Don't know what to say. I have been under my doctor now for a few months, shall I ask them to write me a letter for the court to explain that I have been ill and unable to cope with this matter. Do I just explain in lay terms the situation and ask to be able to now file a defence. Or do I have to outline the reasons why I should be able to etc. Do I have to quote case law?????

Again thank you