!st Credit Court Judgement advice urgently needed

[Laney]

My friend has had judgement against him, whilst he was too ill to attend court (due to a recent heart opperation 3 weeks before), he hasn't even had a chance to submit his defense as the stress of 1st credits court claim caused his health to fail further, his family approached 1st credit asking them to for their agreement to stay the hearing, which they agreed to if he provided proof of the operation which he did. He then wrote to the court with the same request unfortunately his family did not use an N244 so judgment has been made in his absense for around 14K
Does anyone know how i can submit an N244 application for set aside the judgement and get a stay on all proceedings and under what cpr rules i can use. the defendant does want to submit a defense as claimant does not have any of the evidence they require to prove the debt as far as the defendant is aware.
He needs about 6months to recover before his health should be able to stand up to the stress again

any advice would be grately appriciated as i have to get this in to the court before July 4th

[Amethyst]

Re: !st Credit Court Judgement advice urgently needed

Hi, Have a read of this http://www.legalbeagles.info/forums/...plicaton-notes which should get you started

If it was agreed to stay the hearing with the claimants then they should not have applied for default judgment, he shouldn't have a problem having it set aside although we need to look at his defence too - which would basically be there is no documenation.

Can you give us a bit more background on the loan pls.

Also get a CCA request sent off ASAP too - http://www.legalbeagles.info/forums/...y-of-Agreement

[Laney]

Re: !st Credit Court Judgement advice urgently needed

thanks Amethyst

details are it was a halifax credit card to start with around 11k but they are claiming 13k, would be statute barred this summer but 1st credit made a claim a couple of months ago, he entered an embarrassed defence as he had no documents from 1st credit that prove they have paid for the alleged debt, 1st credit did not serve him any of the documents from the embarrassed defence (or he certainly did not recieve any from them), now 1st credit applied for summary judgement and hearing was set for 20th june, obviously defendant couldnt attend as he can hardly stand up let alone walk.
The stress of the harrassment from 1st credit the last year has made the defendants health deteriorate and he had a heart bypass in May.
he needs at least 6 months before he can even consider the stress of going into court and fighting his corner

[Amethyst]

Re: !st Credit Court Judgement advice urgently needed

thanks Amethyst

details are it was a halifax credit card to start with around 11k but they are claiming 13k, would be statute barred this summer but 1st credit made a claim a couple of months ago, he entered an embarrassed defence as he had no documents from 1st credit that prove they have paid for the alleged debt, 1st credit did not serve him any of the documents from the embarrassed defence (or he certainly did not recieve any from them), now 1st credit applied for summary judgement and hearing was set for 20th june, obviously defendant couldnt attend as he can hardly stand up let alone walk.
The stress of the harrassment from 1st credit the last year has made the defendants health deteriorate and he had a heart bypass in May.
he needs at least 6 months before he can even consider the stress of going into court and fighting his corner

Did you get anything in writing regarding the hold (do you have copy of the letter you sent with medical evidence etc) ?

Do you have a copy of his defence that was entered ? Was he on one of the sites do you know ?

Should be quite straightforwards to have it set aside, with the medical issues and the prior agreement with the claimant. If you want to have a go at the set aside app and shout if you need help we'll be happy to. The witness statement to go with it will basically be all the communication from when the claim was received.