N244 form for CCJ Send Back by court

[jaguarsuk]

Even if you pay a fee, the fact you have waited 5 months is not going to sit well with the court as you are supposed to make the application promptly after discovering. I read yesterday that a judge said in an application that 30 days due to taking legal advice was bordering on the line, so 5 months is not going to go down well.

[want2befree]

Even if you pay a fee, the fact you have waited 5 months is not going to sit well with the court as you are supposed to make the application promptly after discovering. I read yesterday that a judge said in an application that 30 days due to taking legal advice was bordering on the line, so 5 months is not going to go down well.

I will tell them I found out now right??/

[jaguarsuk]

I will tell them I found out now right??/

And then what happens when the claimants solicitor produces the CPR Part 18 request you sent them in August 2017?

[want2befree]

CPR 18 is sent this month

[warwick65]

The fact you have known about if for 5 months may make things more difficult for you

[Diana M]

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:

I would say the key factor in a successful set aside Application is whether the claim was served incorrectly, such as on an address where the Defendant was not living at the time and the Claimant would or should have known that if they had carried out due diligence.

In those circumstances the Application would be made under CPR 13.2 which is mandatory not discretionary.

Promptness is an issue but not the key factor especially when the applicant is a Litigant in Person who may struggle to acquire the information needed to make the Application.

Di

[jaguarsuk]

Can an application under CPR Part 13.2 be made without seeking the claimant's consent then Diana M ?

[jaguarsuk]

And then what happens when the claimants solicitor produces the CPR Part 18 request you sent them in August 2017?

So, the claimant who made the claim (not their solicitor) the one named as claimant on the judgement, who are they?

Also, if you didn't get served paperwork for the claim, how do you know who their solicitor is?

Have you got copies of the paperwork from the county court?

[want2befree]

So, the claimant who made the claim (not their solicitor) the one named as claimant on the judgement, who are they?

Also, if you didn't get served paperwork for the claim, how do you know who their solicitor is?

Have you got copies of the paperwork from the county court?

NO
I am getting letters of offers to get CCJ partailly satisfied at half the amount . I dont think they have any grounds to defend their case

[jaguarsuk]

NO
I am getting letters of offers to get CCJ partailly satisfied at half the amount . I dont think they have any grounds to defend their case

Right, so which of the three questions are you answering "NO" to?

They don't have to defend any case, they have won it and have a judgement against you. Also, them offering you a discount to settle it doesn't necessarily mean they don't have the documents required to win either.

If you answer the questions being asked, then we'll be able to guide you in the right direction. If you ignore the questions you'll get nowhere and probably have another set aside application returned to you by the court.

[want2befree]

Right, so which of the three questions are you answering "NO" to?

They don't have to defend any case, they have won it and have a judgement against you. Also, them offering you a discount to settle it doesn't necessarily mean they don't have the documents required to win either.

If you answer the questions being asked, then we'll be able to guide you in the right direction. If you ignore the questions you'll get nowhere and probably have another set aside application returned to you by the court.

The main claimant is Cabot.
I said no to court papers.
Sorry for the confusion

[jaguarsuk]

The main claimant is Cabot.
I said no to court papers.
Sorry for the confusion

And how did you find out whom the solicitors representing in the matter are?

[want2befree]

And how did you find out whom the solicitors representing in the matter are?

It was on letterhead of offer

[jaguarsuk]

So did you send the CPR 18 to Cabot?

[want2befree]

So did you send the CPR 18 to Cabot?

No to the solicitor