Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Update: My friend phoned the court and was told to email her draft order, witness statement and supporting documentation and all this was done by the deadline and she received an email receipt to say everything had been received. Everything was quiet until out of the blue she received a letter from the creditor's bailiffs saying since she hasn't paid they were going to come and take goods.

She was shocked because she had never had notification that a CCJ had been issued. She phoned the court and they say they never received her documentation (although she had receipt saying they had) so they gave her another email address and we both emailed everything over including the email receipt and that kept bouncing back to us. in the meantime bailiffs have visited her property but she didn't answer the door. She has tried and tried to get through to the court but she keeps being held in a queue and waits for about 40 minutes then it just cuts her off, she has done this all day today and is at the end of her tether.

Has anyone come across this before and does anyone have any advice?

[FlamingParrot]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Oh dear!

Sounds like the claimant applied for default judgment and it was granted due to an admin error.

I should think she should be able to get the judgment set aside, given that she has proof that she submitted the documents to the court. :thumb: She needs to fill in an N244 application form and pay a fee of £155. She may be able to apply for remission of the court fee, form ex160a provides full details as does this page: https://www.nationaldebtline.org/EW/...t/Page-05.aspx

You'll find detailed instructions with regards to applying for set aside here: https://www.nationaldebtline.org/EW/...t/Page-03.aspx

If they have already obtained a warrant to send bailiffs, she may also have to apply for suspension of the warrant, while the CCJ set aside application is processed. That requires a form N245 See this for details: https://www.nationaldebtline.org/EW/...t/Page-04.aspx

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Thanks Flaming Parrot. She filled in the N244 application and sent it both by email and by post (as per instructions from the court). She phoned them yesterday and they said they didn't receive the postal copy (she does have proof of posting) but they received email finally on 3 July. She asked why she hadn't heard anything from them as of 21 July and the woman at the court had no idea but gave her a phone number to call that keeps her in a queue until it eventually hangs up.

I'll get her to try and make some headway with the suspension of warrant.

Thank you for your help .. I'm sure I'll be back tomorrow!

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

I've just had a look at form N245 for the suspension of the warrant and the only reasons it gives for requesting the suspension are

I cannot pay the amount ordered and
I wish to apply for
a suspension of the warrant and/or
a reduction in the installment order

then the form goes on to ask for income/expenditure/expenses etc and an amount she is willing to pay. No where does it give the option to halt the order until the court can investigate their administration error. Any ideas what she needs to put on the form?