N244 form for CCJ Send Back by court

[want2befree]

HI Guys
I am trying to set aside a 3 year old CCJ . Twice the form is returned.
first time I clicked on form No fees included. so it is returned
Second time on friday it is rejected, beacuse I filled in section 3 claim to be struck out . court staff is advising I need to pay full fees of 255. is it true ? I want to go for without hearing.

Just in case if it is set aside , will I get new CCJ starting from today . Please answer my queries all the gurus

[TR-lawyer]

When was the first time you became aware of the CCJ ? Acting promptly is a key factor in the success of an application.
The test for setting aside a judgment (under CPR Part 13.3) is:

(1) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

The application will be on Notice and hence a fee of £255 unless the application is by consent, in which case the fee would be £100. If you have just discovered the CCJ and you have a real prospect of defending the claim, then you may want to write to the Judgment creditor to invite them to consent to the application to set aside.

[want2befree]

Do you mean , I have to get a consent letter from the creditor that . Please allow me to fill form for N244 without hearing .

[want2befree]

Do you mean , I have to get a consent letter from the creditor that . Please allow me to fill form for N244 without hearing .

I became aware of judgement last year

[want2befree]

When was the first time you became aware of the CCJ ? Acting promptly is a key factor in the success of an application.
The test for setting aside a judgment (under CPR Part 13.3) is:

(1) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

The application will be on Notice and hence a fee of £255 unless the application is by consent, in which case the fee would be £100. If you have just discovered the CCJ and you have a real prospect of defending the claim, then you may want to write to the Judgment creditor to invite them to consent to the application to set aside.

HI
Do you have a template letter to request a consent letter to the creditor. I just want to pay off and get it off my credit records.

[Amethyst]

want2befree Hello Just having a read back, have you done anything so far with this ?

[want2befree]

want2befree Hello Just having a read back, have you done anything so far with this ?

NO
I am hoping to fill n244 with 255 fees and state failure to comply with CPR 18 as reason for judgement to be set aside. If I sucessfull I might not be paying 800 pounds. what are chances of sucess?

[Amethyst]

Okay what is your reason for the set aside? Just non compliance with Part 18 ? Part 18 is only for use in fast track cases ( so over £10k ), and that you sent a part 18 request says to me that you did receive the original claim, so what happened ? Did you send the part 18 request, not get a reply and not enter a defence so they got a default judgment ?

When did you get the judgment ? What was the original debt ? and what is your defence to the claim ?
As TRLawyer says you need to make an application to set aside promptly on finding out about it and need to show you have areasonable chance of success at defending the claim. So we'll need a bit more info to be able to help.

[want2befree]

Okay what is your reason for the set aside? Just non compliance with Part 18 ? Part 18 is only for use in fast track cases ( so over £10k ), and that you sent a part 18 request says to me that you did receive the original claim, so what happened ? Did you send the part 18 request, not get a reply and not enter a defence so they got a default judgment ?

When did you get the judgment ? What was the original debt ? and what is your defence to the claim ?
As TRLawyer says you need to make an application to set aside promptly on finding out about it and need to show you have areasonable chance of success at defending the claim. So we'll need a bit more info to be able to help.

I got Default Judgement sent to old address 3 years old now. claim is for 800 . I sent part 18 this month. i got a reply that They cannot send assignment of debt , default notice . they cannot sent orignal contract as It is for phone debt. Defence to claim is As there is no assignment of debt to the DCA and no protocol prior to the court action is followed

[Amethyst]

Okay.

Let's go back to the beginning then.

You received a Default Judgment 3 years ago which you found out about at the end of 2017. How did you find out about it?
You sent a Part 18 request to the claimant, and a set-aside application to the Court ( which was rejected due to non-payment)

This is a mobile phone debt - when did you open the account and when did it default/terminate ?
Did the contract the debt is from include provision of a handset ?
Did you inform the original phone company of your change of address when you moved, and were you aware of the debt outstanding at that point?
Was there a dispute on the debt ?
Have you contacted the original phone company to find out details of the debt ?

There is some guidance on a set aside application -> Set Aside Application

[want2befree]

This default has defaulted in Nov 2011. Original creditor is not being contacted. This was given to a friend who ditched me . That is why the debt on my name. I don't details about any address he has gone to .

[warwick65]

You say you found out last year, when and how last year did you find out, it may be important

[want2befree]

Through noddle

[warwick65]

And when?

[want2befree]

August 2017