Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

[mrbean13]

I have received a CCJ dated 19th Dec 2014 and have filled out the CCA as well as the CPR31.14. This organisation has left me in a dilemma as I have been communicating with them on a regular basis. I have provided them with the budget from Step Change as well as my partners medical report. BW insisted that the budget be filled in using their standard template - sheer waste of time and I told them that the information has already been provided but they decided to take the CCJ out anyway and I am completely pissed at them for doing this.

They have now written me a letter stating the following:

"We would like to bring to your attention and confirm that the balance due is still currently outstanding. To reach an amicable resolution please provide up to date proof of your health and financial circumstance, which will allow us to review and agree an affordable and manageable instalment plan. We note previous correspondence has been received pre dates our instruction received from our client. We therefore request proof provided to be dated within the last 3 months"

So in theory they have confirmed receipt of all my letters stating my position but they went ahead and threw the CCJ on me anyway? This is devastating....

I am now living overseas and do not know the legality side of things and hoping someone on this forum could let me know what I should be doing stage by stage.

I would like to defend my claim and do I fill in the N244? If so do I need to be present in the courts? Also a bit stuck on how to fill out this silly N244 with special regards to point no. 3 of the form i.e. what order are you asking the court to make and why? Do I have to send them the paperwork of all my communication with them? Technically I should because they were stupid enough not to have read the information supplied anyway?

HELP please

[mrbean13]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Hi sorry I should have mentioned that the claim is to the amount of 11,000 including court fees

[Amethyst]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Just to check, is this actually a CCJ ( JUDGMENT against you and an order to pay ) or is it a blue / pink N1 CLAIM form ? ie. has it been to court yet or are they just claiming against you now ?

You mentioning the N244 sounds like you want to set aside or vary the Judgment Order ?

[nemesis45]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Hi,
All these letters you have written have I suspect amounted to admission of liability for the debt, unless you have referred to " the alleged " debt and or you have stated that you " do not acknowledge liability" in the letters.
Lowell has stated that some of your letters pre date the time when BW were involved, that's the reason for requesting it again., Lowell will not have passed those letters to BW just informed them that such letters have been received.

What would be using to defend the claim?

BW

[mrbean13]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

I think the original CCJ was in blue and what I have now is called the "Judgment for claimant". I think I might have admitted to the claim so please advise what I should do now? I need to file the N244 is that correct because as I mentioned (a) amount claimed should be less PPI and (b) the PPI claim is lying with the FSO

[Amethyst]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

If you admitted to the claim there's not a great deal you can do, certainly you can't set it aside.

If the PPI claim is with the FOS then that will be sorted out separately and you will receive a refund of that amount if successful.

Could you write up / photo the General Form of Judgment or Order that you have please.

Is it for payment forthwith ?

If so you can apply to vary with the N245 form but lets see what we are actually dealing with first.

[mrbean13]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Hi I have attached the Judgment for your immediate perusal. Hoping you can revert

Thanks

[mrbean13]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Hi Amethyst

Hoping you can respond to the attachment and confirm it is the N245 I need to send off?

Thanks

[nemesis45]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Judgement by Default payment fortwith.

Mr B. On what would you rely if you apply to have the judgement set aside.

Do you have copies of the letters sent to Lowell previously? Do they contain admission of liability?

nem

[mrbean13]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Hi well I guess I can't set this aside because I have already provided them with the paperwork i.e. the budget and the medical letter so in essence I have admitted liability right?

[Amethyst]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Okay, you didn't admit the claim to the court therefore you could apply to set aside, they have given a judgment in default - unless you sent the court documents with the IE sheet etc to the claimant? In which case the court should have been given copies by the claimant and looked at your IE sheet.

You can apply to vary the judgment order or set aside the Judgment but really need to know exactly what you did when you received the court claim, what you sent and to whom.

[nemesis45]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Yes I sorry to say that set aside is not an option nor is paying this in full within 1month I suspect.
So do you have any proposals to put forward for payment?
Do you own property with any equity or have realisable assets of value?
It would be worth writing to Lowell reminding them of the financial statement and medical papers already supplied to see what they are likely to do.

[mrbean13]

Re: Lowell vs. mrbean13 - CCJ - Claim Form dated 19th Dec 2014

Hi so I spoke with Step Change and they confirmed the N245 can actually do the same job as the N244. Herewith a quote from them as per below:

As the creditor is chasing for an arrangement to pay the county court judgment (CCJ), it is important that an affordable instalment is set through the court to ensure the creditor cannot pursue further action to collect the debt. This could be requesting the sale of the property. You can set an instalment through the court using the N245 form which costs £55. The N244 form is used for general purpose within the court regulations, however this costs £155 to use this to apply to the court so the N245 is cheaper and will have the same results for your purpose. Here’s an N245 form for you to complete and send to the court that’s dealing with the claim. This form is the application to vary your CCJ. The amount you need to offer is £1.00.