**WON** Set-Aside & Claim Dismissed **** CCJ Help

[mr_c]

Re: CCJ Help

I have had no correspondence about any bailiff action at my current address. But when I phoned the court they said the case was out for bailiff action. So yes this must have been at my old address, the same address where all the letters about this CCJ have gone.

[Diana M]

Re: CCJ Help

I thought the Warrant was for a different address - where the OP wasn't living.

Di

[Amethyst]

Re: CCJ Help

That was the original plan Di, but then it was found it had already gone for enforcement by bailiff so the application went in to put the warrant on hold.

[mr_c]

Re: CCJ Help

Yes I enclosed a coy of my N244 application form, my witness statement and a draft order.
Can I PM you a copy of the letter i sent them?

[Diana M]

Re: CCJ Help

No, no deadline given

Ideally you'd have sent them an 'or else' letter with a deadline for response before you file the Application.

You would enclose your Application for the set aside, your WS , draft Defence and draft Consent Order to set aside.

The letter would then say that if they didn't agree to consent to the set aside you would file the Application etc at court.

If your potential Defence was strong you would also ask them to Discontinue the claim at the same time.

Di

[mr_c]

Re: CCJ Help

No, no deadline given

[Diana M]

Re: CCJ Help

I sent my letter to arrow on July 31st. Not heard anything back from them yet. Should I be expecting a reply from them?

Did your letter give them a deadline to respond to your request for them to consent to the set aside in order to avoid a hearing and save costs?

Di

[Amethyst]

Re: CCJ Help

They might only respond to the court ( and copy to you) once a hearing date has been set. I wouldn't wait by the letterbox anyway.

[mr_c]

Re: CCJ Help

[MENTION=6]Amethyst[/MENTION] I sent my letter to arrow on July 31st. Not heard anything back from them yet. Should I be expecting a reply from them?

[MIKE770]

Re: CCJ Help

maybe you applied end of february as it can take 28 days to get on CRA,

[mr_c]

Re: CCJ Help

yea that's what i was thinking
i got this credit card in March/April time.... and the CCJ was put on my file at the end of Feb .... so surely they would have picked up on this before issuing the card anyway.

[Amethyst]

Re: CCJ Help

Well that's odd then as this CCJ has been on your file since Feb/March, maybe you got it just before the CCJ was registered.

I think best bet is to give them a call and see if they can enlighten you.

[mr_c]

Re: CCJ Help

it's just basically an emergency card, i have only had it about 4-5 months. I pay off more than the minimum amount every month.

[Amethyst]

Re: CCJ Help

Okay, yes likely the CCJ has flagged you up as a credit risk - has the account been used regularly or are you just paying off the balance with minimum payments?

Could give them a ring and ask, you will need to sort out paying off the £100 on it anyway. They won't give you full details but might say it;s due to a credit check.

Does the letter cover repaying the debt ? ( they can't just call it in in full without your having breached the terms )

[mr_c]

Re: CCJ Help

there's a £400 limit on it, the balance is about £100