N244- advice for set aside hearing in 3 weeks

[Vixmac12]

Hello... N244- claimant evidence question

Posted in the welcome thread 5 days ago but hadn’t heard from anyone so thought I would try my luck in here. Any help very much appreciated.


Hi there,

I wanted to say hello and thank you to everyone who has contributed to the information that i have found on this forum. It has been invaluable to someone like me who has no legal experience.
I have been looking through the forum through the last few weeks. I have obtained a lot of information to start the process to set aside an N244. I just have a couple of questions that I need a bit of advice on.
At the beginning of May 2020 I found out whilst applying for a mortgage that I had been given a CCJ in June 2018 for the sum of £1200. The claimant was called Asset Collections and Investigations Limited. The paperwork for the order was sent to an address on a home I sold in 2015. I have had no dealings with the company prior to the CCJ order. As soon as I was made aware of the CCJ in May, I researched the option of setting aside and raised the N244 form within a couple of days and sent to the court. I also contacted the claimant via email to request any paperwork that was associated with this debt. To date I have not had a response from the claimant.
Reading through the forum I have seen that some advice for people in my position would be to liaise with the claimant to see if you could have an agreement for the debt to be paid and the CCJ set aside. I didn’t think I should go with that option as I have no idea what this debt is for and certainly don’t want to pay £1200 for a debt that isn’t mine.
I have been given a court date for the 5^th August. Due to COVID they have requested a telephone hearing. My questions are, as I haven’t received any paperwork from the claimant to date, despite being on the electoral role with my correct address, will they be able to show as evidence details of the debt I am allegedly responsible for? Does this evidence need to be shown to the court and myself before the hearing, or is that something that can provide on the 5^th at the hearing? Am I at a disadvantage having a telephone hearing over an in person one?

I just want to make sure I am fully prepared for what will happen. Thank you for reading and any advice appreciated.

Vix

[R0b]

The set aside is concerned with whether the default judgment must be set aside on a mandatory basis or if there is some other good reason. It is not a full trial to determine whether the claimant is entitled to the debt and even if they were, that doesn't mean to say they have a right to enforce it because there might be a defence to that.

You've not said whether or not they have filed a witness statement contesting the set aside or even if they are going to attend the hearing. They can't just rock up to the hearing and start presenting evidence that wasn't filed. Witness statement with evidence would need to be filed to be relied on, and they shouldn't be ambushing you or if they did, you should raise it with the judge and take issue with it.

There might be some disadvantages to a telephone hearing but for a set aside application, but I don't think there would be any difference since you are not doing any cross-examination of witnesses. If you want an in-person hearing, the onus is on your to show why that is necessary and a telephone hearing is not appropriate.

You haven't given us the application you filed with the court and what basis you are seeking to have the judgment set aside, so it's difficult to really give you any pointers. Did you file a witness statement or just the N244 application?*

[Vixmac12]

Hi Rob,
Thank you for responding. I didn't get the notifications; apologies for the delay in acknowledgement.
Nothing has been received from the Claimant. The only correspondence I have officially received for this case is the confirmation from the court with the hearing date and time. I submitted the N244 form along with a witness statement. Copy attached. I'm hoping that this was the correct thing to do?! I have never been in this position before so I am not aware of how the other party would be able to contest the 'set aside' request.
Thank you responding, i really do appreciate your time.
Vix

[pt2537]

Ive gotta say that i fear the statement lacks information, you say you have no recollection of the Claimant, have you checked? Did you check your files, credit reports old records etc? the statement doesnt tell the Court that. The statement doesnt address service very well either,

[Vixmac12]

Thanks for reading and being frank. I have checked as far back as I can with my credit reports and statements and I really do not have any idea what the claim is for. The claimant, I am assuming has bought the debt from someone else as they don't appear to be lenders (from research I've done)- perhaps I'm being naive there. I sold the house in 2015 they allegedly sent the order to that address in 2018. My new address would be on the electoral role since I moved in 2015, not sure if the claimant has a duty to check this. I don't know what else I could or should have done regarding this? In terms of evidence...I don't know what the debt is for? The company still haven't responded with any paperwork for me to clarify and won't answer any questions regarding this on the phone.

Thanks again.

Vix

[pt2537]

Thanks for reading and being frank. I have checked as far back as I can with my credit reports and statements and I really do not have any idea what the claim is for. The claimant, I am assuming has bought the debt from someone else as they don't appear to be lenders (from research I've done)- perhaps I'm being naive there. I sold the house in 2015 they allegedly sent the order to that address in 2018. My new address would be on the electoral role since I moved in 2015, not sure if the claimant has a duty to check this. I don't know what else I could or should have done regarding this? In terms of evidence...I don't know what the debt is for? The company still haven't responded with any paperwork for me to clarify and won't answer any questions regarding this on the phone.

Thanks again.

Vix

Sorry i can come across as blunt but i do find that wrapping things up in cotton wool helps no one, and that most litigants in person would prefer that to being told they were doing fine when they really arent.
The paragraph above really should have been a core part of your statement. It would provide far more info and i would expect that you could even expand on that. The point is you would be able to set out in clear terms that given the date of moving and given you didnt conceal your location and given the lenders all have access to the electrol register and credit reference info then it is highly surprising they still issued on an address that you hadnt lived at for 3 years

[Vixmac12]

Hi there, I was actually being genuine. I’m a straight talking female and would rather someone not sugar coat something. So thank you for giving me frank feedback- I appreciate it. In the letter that was sent to me from the court they did mention that I could submit evidence to an email at the court, although couldn’t guarantee it would be used. I just wonder whether I have nothing to lose by sending a copy of the transfer deeds to my house sale, electrical role confirmation and then copy of emails that I have sent to the Claimant asking for clarification of the debt. Do you think it would be worth doing or could that be used against me for being a bit naive and inexperienced? thanks again for your advice. Vix

[pt2537]

Hi Vix

nothing to stop you lodging a bundle to the Court with these documents in them along with a supplemental statement. you will need to send them to the other side too though

[Vixmac12]

That’s great. I’ll do that. Are you allowed to send to the other party via email or is best practice to do both?

many thanks again.

[Vixmac12]

Hi I just wanted to thank you for your help. I submitted a pack to the court as specified above. The hearing was today and the judge agreed to set aside the CCJ.

Thanks again for your time, much appreciated.

Vikki

[Danny1]

Vixmac12 - Great to know you've had your CCJ set aside, happy for you! Hoping for the same as I'm in a similar situation. Just wondering - what's happening with your Claimant? Did the Judge order them to provide you with proof of you owing them the monies and what are your next steps with them?

[Vixmac12]

Sorry I’ve only just seen this. Yes I was going to put a post asking for some advice on that. The judge asked the claimant to resend all info back through the court by a date and then I have till next week to submit my defence. After that I am unsure of the process. I hope you manage to set yours aside.