new CCJ added

[owen2014]

Re: new CCJ added

if paid after 28 days it stays on CRA

Yeah that's what's I said to the guy on the phone. I have a strong case to get this set aside with letters st this current address.

do I need to do anything official like a letter to the company prior to sending n244?

[charitynjw]

Re: new CCJ added

http://legalbeagles.info/library/how...-judgment-ccj/

[owen2014]

Re: new CCJ added

http://legalbeagles.info/library/how...-judgment-ccj/

When it says 'First step is to contact the claimants and ask them to consent to a set aside of the judgment.

should this be a letter or is email sufficent - I was going to email and ask for it be set aside on the basis not recieiving claim forms at the right address.

Would it be worth proposing to pay it I.e on tomlin order basis or could that damage my chances of getting it set aside?

[charitynjw]

Re: new CCJ added

Personally I'm rather wary of doing anything by email.
Strictly speaking, service by email should only be done with prior agreement that email is acceptable.
I normally would use land mail with proof of posting.
You could always do both, & seek consent re emails.

[owen2014]

Re: new CCJ added

Personally I'm rather wary of doing anything by email.
Strictly speaking, service by email should only be done with prior agreement that email is acceptable.
I normally would use land mail with proof of posting.
You could always do both, & seek consent re emails.

ill stick to recorded mail then. Last question Before I go type this letter up...is it worth offering a payment plan on the basis they agree to remove the ccj or should i just detail in the letter I am looking to apply to set aside for following reasons...

[charitynjw]

Re: new CCJ added

If you offer payments imho you may well be admitting to liability for the debt.
Do you want to do so at this stage?

[owen2014]

Re: new CCJ added

If you offer payments imho you may well be admitting to liability for the debt.
Do you want to do so at this stage?

I admit the debt but not the amount and also how they have gone about getting a ccj. Ultimately I want the ccj gone but I am not able to pay in 28 days more like 2 months provided I receive detailed invoices.

[owen2014]

Re: new CCJ added

Does this letter seem ok to send to the solictor? Also would it be worthwhile sending this letter directly to the vets aswell?

I received an email alert advising me that a CCJ had been awarded and applied – I contacted the court who advised me you were the claimants.

My intention is to apply to get this judgement set aside on the basis you sent the court papers to the wrong address. I have multiple letters from yourself and the vets to this correct address. I have not lived at that address for over 2 years and had I received the court papers I could have defended the claim.

I also emailed you on the 21/04 confirming I had received the letters and was awaiting detailed invoices to confirm the amount as the amount was disputed.

I followed this up with a letter on the 24/06 to your office and received no reply.

I am seeking your consent to have this judgement set aside.

- - - Updated - - -

I was also going to add this as I read this can be agreed also?

If you or your client can provide detailed invoices of which I can confirm I would be willing to clear the balance agreed by 2 instalments on the 1^st October & 1^st November. This would on the basis on a “consent order” whereby we can apply to the court to remove the judgement.

[Amethyst]

Re: new CCJ added

Have you spoken with the VET since being contacted by the claimant ? No further explanation of the disputed amounts ? Even if you go on to settle the amount, if you get the judgment set aside it will be removed from your file.
It doesn't usually show on a credit file until a month after the judgment was awarded, so I might be inclined to check what is the actual date of judgment with the court ( rather than the date entered to the register ), as you might be thinking of paying it up within 28 days to avoid the CCJ registered for 6 years, when you're already passed that date.

Also do you have any of those previous letters they sent ? Did they say they were considering court action ?

So I think hang fire on an offer till they have this letter at least - I've bulked it up a little bit for you. You should include a copy of the intended application with it really too.



Dear Sirs,
CLAIM XXXXXXX - CLAIMANT NAME v YOUR NAME

I was suprised to receive an alert from the Credit Reference Agency informing me that a County Court Judgment has been registered against me. I have contacted the County Court Business Centre who have informed me that COMPANY NAME were the Claimants, and that the claim was issued at a previous address being xxxxxxxxxx ADDRESS xxxxxxxxxxxxxxxxx

I am at a loss to understand why your company would issue court proceedings at an address I have not lived at for over two years, particularly considering that you have written to me a number of times at my current address ( XXXXXXXXXXXX ADDRESS XXXXXXXXXXXX ), as has your client, XXXXX VET XXXXXXXXX .

I responded to one of your letters by email on 21st April 2017, and followed that up in a letter on 24th June 2017, explaining that the Vets had agreed to send detailed invoices covering the disputed amount outstanding in order that I could consider my position and make a complaint or arrange payment if necessary. The Vet has failed to send an invoice or breakdown of the disputed amount to date and had I been aware of the claim I would have defended.

I have spoken with someone at your office who has told me that you used a tracing service to obtain my previous address. I can see no evidence of that having taken place on my credit file, and to be honest, am really at a loss to see why that would have been necessary considering previous communications.

To that end I intend to apply to the court to set aside the judgment pursuant to CPR 13.2 and would ask that you consent to this application to save time and costs, so that the claim may progress and the issues and dispute that brought the claim about be resolved swiftly. Please confirm your clients consent to setting aside the judgment by 4pm on XXXX SEVEN DAYS DATE XXXXX, at which point I will be submitting my application and requesting the court orders the costs of the application be paid by the claimant.

Kind regards

XXXXXXXXXXX

[owen2014]

Re: new CCJ added

perfect thanks for that I have sent the letter recorded delivery so will await there response

Should I just get my N244 form ready to send in anticaption of no response from them?

[owen2014]

Re: new CCJ added

I have received this letter back from them which was quick considering....

what are the next steps? I have been provided with the invoices and I am happy with the amount that is due - it was only £700 before costs. I can pay this on the 1st October earliest.

https://ibb.co/eLqfBk

[owen2014]

Re: new CCJ added

I have received this letter back from them which was quick considering....

what are the next steps? I have been provided with the invoices and I am happy with the amount that is due - it was only £700 before costs. I can pay this on the 1st October earliest.

https://ibb.co/eLqfBk

Is anyone able to point me to some help ? I have tried searching for posts buts not 100% what I now need to do

[owen2014]

Re: new CCJ added

I know its been a while but I was really hoping someone could review this order - I decided to go this route as it seemed easier than getting it set aside based on them sending to the wrong address. I am happy to make the payment as we have agreed the amounts. Can you review this order and tell me if there is any issues?

https://ibb.co/koTypQ
https://ibb.co/kJnDOk
https://ibb.co/hmbjUQ

THANKS