N244 form for CCJ Send Back by court

[jaguarsuk]

No to the solicitor

1. How did the solicitor get your address without you previously corresponding with them or Cabot about this debt?

2. You said the default judgement is on the old address, how have they got this new one?

3. What date did they send the letter offering to settle it?

[warwick65]

Maybe this hasn't been asked, I certainly can't see it but there again I have been staring at screens all day and I am prone to miss the bleeding obvious

How much is the CCJ for?

At the moment , I think a lot of the questions being asked are rather academic

It seems the best option is to write to Cabot asking for them to agree to a set aside based on the fact the papers were sent to the wrong address
Get that done today

Meanwhile get the form filled out as much as you can along with a draft defence and I think a witness statement explaining why you want to set aside and why you are late in applying , also the fact you have asked the claimant to agree

Diana M are they the right things or would you dive in with the application and £255 right away?

I guess as well a lot depends on how important it is to you not to have a CCJ and also how much it is for

[want2befree]

Maybe this hasn't been asked, I certainly can't see it but there again I have been staring at screens all day and I am prone to miss the bleeding obvious

How much is the CCJ for?

At the moment , I think a lot of the questions being asked are rather academic

It seems the best option is to write to Cabot asking for them to agree to a set aside based on the fact the papers were sent to the wrong address
Get that done today

Meanwhile get the form filled out as much as you can along with a draft defence and I think a witness statement explaining why you want to set aside and why you are late in applying , also the fact you have asked the claimant to agree

Diana M are they the right things or would you dive in with the application and £255 right away?

I guess as well a lot depends on how important it is to you not to have a CCJ and also how much it is for

It is for 800 . It is worth trying to get their consent for CCJ removal in exchange of full money . Should I sent request to the solicitor or claimant

[jaguarsuk]

Maybe this hasn't been asked, I certainly can't see it but there again I have been staring at screens all day and I am prone to miss the bleeding obvious

How much is the CCJ for?

At the moment , I think a lot of the questions being asked are rather academic

It seems the best option is to write to Cabot asking for them to agree to a set aside based on the fact the papers were sent to the wrong address
Get that done today

Meanwhile get the form filled out as much as you can along with a draft defence and I think a witness statement explaining why you want to set aside and why you are late in applying , also the fact you have asked the claimant to agree

Diana M are they the right things or would you dive in with the application and £255 right away?

I guess as well a lot depends on how important it is to you not to have a CCJ and also how much it is for

I wasn't sure whether CPR 13.2 being mandatory negates the need to ask for agreement and was waiting on Diana answering the question before suggesting this.

What I'm trying to establish is a timeline of what's actually happened and when because it might be £255 down the drain if the OP has made a mistake along the lines somewhere.

My next suggestions were going to be prepare an application, ask CCBC for copies of the orginal claim form, if applicable ask Cabot for agreement to set aside

[jaguarsuk]

It is for 800 . It is worth trying to get their consent for CCJ removal in exchange of full money . Should I sent request to the solicitor or claimant

The only way you'll remove the CCJ is by making an application to set aside the judgement and winning the subsequent hearing.

Even if you settle the £800 now it'll remain on your credit file for 6 years from the date of the judgement. It has to be settled within 28 days of the date of the judgement to not appear on the credit file.

[want2befree]

Anybody can answer this . Cost wise How much more charges will be added If there is hearing for Set aside and I am not sucessful?

[jaguarsuk]

Anybody can answer this . Cost wise How much more charges will be added If there is hearing for Set aside and I am not sucessful?

You have to pay £255 to be able to get a hearing to set it aside.

There won't be added costs or interest at that stage if you lose.

If you are successful in getting it set aside and a hearing date is set the claimant will pay a fee for that, you will then have to defend the claim at that hearing and if you lose there may be further costs of the claimant such as the hearing fee and legal costs added with a new judgement entered.

[want2befree]

You have to pay £255 to be able to get a hearing to set it aside.

There won't be added costs or interest at that stage if you lose.

If you are successful in getting it set aside and a hearing date is set the claimant will pay a fee for that, you will then have to defend the claim at that hearing and if you lose there may be further costs of the claimant such as the hearing fee and legal costs added with a new judgement entered.

Yes if their solicitor turn up ? can they charge me their daily expense or something like that?

[want2befree]

[QUOTE=want2befree;n1388541]
Thanks for quick answer.

[jaguarsuk]

You have to pay £255 to be able to get a hearing to set it aside.

There won't be added costs or interest at that stage if you lose.

If you are successful in getting it set aside and a hearing date is set the claimant will pay a fee for that, you will then have to defend the claim at that hearing and if you lose there may be further costs of the claimant such as the hearing fee and legal costs added with a new judgement entered.

Duplicate

[jaguarsuk]

You have to pay £255 to be able to get a hearing to set it aside.
There won't be added costs or interest at that stage if you lose.
If you are successful in getting it set aside and a hearing date is set the claimant will pay a fee for that, you will then have to defend the claim at that hearing and if you lose there may be further costs of the claimant such as the hearing fee and legal costs added with a new judgement entered.

Yes they can ask for costs of travel and legal representatives costs.etc.

[want2befree]

Yes they can ask for costs of travel and legal representatives costs.etc.

how much can it be ? roughly

[Diana M]

There won't be added costs or interest at that stage if you lose.

If you are successful in getting it set aside and a hearing date is set the claimant will pay a fee for that, you will then have to defend the claim at that hearing and if you lose there may be further costs of the claimant such as the hearing fee and legal costs added with a new judgement entered.

Not quite.

If the OP loses at the set aside hearing they would normally be ordered to pay the other side's costs since they'd have lost their Application.

If the CCJ is set aside then the claim reverts back to 'square one' giving the Defendant the opportunity to defend the claim - it's as if the CCJ never happened.

This means the OP would file a Defence which will usually be within a specified time-frame (typically 14 days) which will be written into the Order (set aside Order).

After that there would be an exchange of Witness Statements etc.

If either party win/lose at the final Hearing/Trial then neither party would pay the other sides costs if the claim is allocated to the Small Claims Track unless there has been unreasonable conduct.

However there could be other Directions from the DJ such as ordering the Claimant to produce documentation within a specific time-frame, and if those Directions are not complied with the court could impose sanctions such as a strike out of the claim with costs consequences.

Of course there's always the potential for the Claimant to Discontinue where they would be expected to pay the Defendant's costs.

There're not enough facts known to give the OP a definitive answer at this stage.

The costs issue is not as straightforward as you described (perhaps wrongly).

Di

[Amethyst]

It's limited in Small Claims - could be nothing, more likely up to a couple hundred, but it could be as much as £6k plus if the court finds you acted unreasonably ( that is rare and unlikely but it is a possibility )

You need to look at the overall case and consider your options fully to make a successful application to set this judgment aside.

[jaguarsuk]

The costs issue is not as straightforward as you described (perhaps wrongly).

Di

No perhaps about it, you're very polite. I had a shocker there!


Diana M Regard the CPR 13.2 element, as it's Mandatory is the OP required to seek the Claimants permission or does the Mandatory nature negate the need?