**DISMISSED** CCJ Help Needed

[egbert]

Firstly, thank you for allowing me to join the forum. Now for the help...

I recently applied for a rental property and during the vetting process they identified a CCJ against me; I had no knowledge of this and have never received any court paperwork. I have checked Noddle, Experian and Equifax and I can see the CCJ dated 19 Jul 2014 for £12400. However, I was living abroad on this date but it is registered at my previous address in the UK. I have spoken with the county court and have been informed that the claim was lodged by Lowell Portfolio 1 Ltd via their solicitor BW Legal.

I have checked all three credit reports and I have no defaulted account recorded. But, I can see Lowell conducted a search (Administration Review) on 26 Jan 2015; but nothing since.

In a panic I have submitted a Form N244 to ensure no enforcement action is taken and to request a hearing. I don't know if the standard letters are appropriate in this case as the CCJ is already in place. Any help/guidance greatly received as I am worried sick and will be moving out soon with no ability to rent due to the CCJ.

[egbert]

Re: CCJ Help Needed

Does anyone have any idea how long the courts take to respond o the N244 from?

[nemesis45]

Re: CCJ Help Needed

Hi. welcome to LB,

What application have you made set aside?
The judgement superseded the original agreement meaning
that the claimant has no obligation to produce any documents
such as the original agreement.

You have grounds to set aside because you were outside the UK
when the claim was issued.

You will have to show that you would have a defence to the original claim
that has a reasonable chance of success.

What is the debt for?
Have you filed the application at your local county court?

nem

nem.

[egbert]

Re: CCJ Help Needed

Hi Nem,

I submitted the N244 to the court where the case was originally heard; that's what they advised me to do. They said they would transfer it to my local court.

I have no idea what the debt is for. I've never had anything for that amount and I've checked to make sure I have no defaulted accounts on my credit file.

All the court could tell me was it was Lowell/BW legal.

Regards
Eg

[nemesis45]

Re: CCJ Help Needed

Hi Nem,

I submitted the N244 to the court where the case was originally heard; that's what they advised me to do. They said they would transfer it to my local court.

I have no idea what the debt is for. I've never had anything for that amount and I've checked to make sure I have no defaulted accounts on my credit file.

All the court could tell me was it was Lowell/BW legal.

Regards
Eg

Hello Eg, the form N244 is used for a number of " applications " to the court, was yours an application
to set the judgement aside?
The only thing that should show now in regard to the debt is the judgement, all the previous records
are no longer relevant.

A debt of £12.4K is not easy to forget?

nem

[egbert]

Re: CCJ Help Needed

Yes, I asked in the application to have the Judgment set aside and a stay of any enforcement action (not that there has been any). I also added that I wished to defend the case. The only amount I have ever had that was anywhere near that was a car loan which I settled early; and that shows on my credit file as settled.

Regards
Eg

[nemesis45]

Re: CCJ Help Needed

Yes, I asked in the application to have the Judgment set aside and a stay of any enforcement action (not that there has been any). I also added that I wished to defend the case. The only amount I have ever had that was anywhere near that was a car loan which I settled early; and that shows on my credit file as settled.

Regards
Eg

Ok application in! Fee Paid?

It's wait and see time!!
nem

[egbert]

Re: CCJ Help Needed

Yes £155 sent with two copies of the application. Here's hoping the response is quick.

[egbert]

Re: CCJ Help Needed

I now have a date for a hearing - is there anything I should do in the interim?

[egbert]

Re: CCJ Help Needed

I've received an email from BW Legal asking me to contact them - should I? Or, should I just wait for for my day in court?

[nemesis45]

Re: CCJ Help Needed

I've received an email from BW Legal asking me to contact them - should I? Or, should I just wait for for my day in court?

Would be wise to contact BW IN Writing only just to see what they are up to.

Start forming a defence, take a look at threads to get an idea of content and format.
Also your " witness " statement " for the set aside hearing.

nem

[egbert]

Re: CCJ Help Needed

I thought I'd better provide an update... The Court date has been delayed for a few months due to the Judges availability. I wrote to BW after receiving their email and have received nothing back.

[egbert]

Re: CCJ Help Needed

So tomorrow is the "big day" and today I receive via email an N260 Statement of Costs - unfortunately whoever completed it can't add up. There are significant errors on the paperwork.

[nemesis45]

Re: CCJ Help Needed

So tomorrow is the "big day" and today I receive via email an N260 Statement of Costs - unfortunately whoever completed it can't add up. There are significant errors on the paperwork.

Good morning Egbert,

Who prepared the N260 one of BWL's comic office bods?

Good luck!!

nem

[egbert]

Re: CCJ Help Needed

Yes, it appears to have been. The figures don't add up and the schedule of charges doesn't match the individual billable items. I've got everything ready but I'm still nervous as hell...