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

[Amethyst]

Re: CCJ Help

Yip xx just sorting some tea and I'll be back xxx

[mr_c]

Re: CCJ Help

Please someone help
[MENTION=6]Amethyst[/MENTION] if you are still online

[mr_c]

Re: CCJ Help

should i amend my witness statement to take out the part where i say i contacted Arrow for their consent of the set aside? Or still leave it in if i am going straight to the court?
also if i am going straight to the court, do i need to change anything on the draft order?

[mr_c]

Re: CCJ Help

My concern is if i go to arrow with these forms, they will have my new address, and so send the bailiffs here.

Am i right in thinking that the bailiffs cannot attend my current address with serviing me with some kind of notice to my current address?

So should i do this:

1) Submit the N244, draft order and witness statement to the court and pay the £250
2) Contact arrow to say that i have done the above but still ask them to back me up in setting aside the ccj

Where do i mention suspending the warrant?

Thanks

[Amethyst]

Re: CCJ Help

Okay, so they have already gone to enforcement - they may have sent letters to your old address. So we need to get the application into court asap. Maybe ( if finances allow) just go straight to court and inform Arrow you have done so and that it would still be good if they consented to save a hearing.

You'll need to add on the application to suspend the warrant.

I'll have a look at the witness statement.

[mr_c]

Re: CCJ Help

so i have managed to get through to the courts, and they said that this has now gone to bailiff action :|

again I have received no letters what so ever about this.

They have sent this to my old address again, does this mean that the bailiffs will be attending my old address and not my current address?

They cannot just turn up at my actual address without telling me, can they?

[mr_c]

Re: CCJ Help

Course, take your time on it Lots of examples about the place to help. Don't try and talk like a lawyer either xxx

I have sent you over my witness statement
Cheers

[mr_c]

Re: CCJ Help

The solicitors are shoosmiths

[mr_c]

Re: CCJ Help

Ha ha okay.

Claim No. - what is the reference on your credit report? should be something like AP12345C if its the claim number. It might be worth giving Northampton Court a call and asking them the claim ref and claimant / sols details as you have just found the judgment on your file and have no idea what it is so wish to apply to set it aside.


Telephone 0300 123 1056

Telephone 01604 619 400



Order requested

An order that judgment be set-aside pursuant to CPR 13.3 and the Defendant be able to defend the claim. The claim was issued to an incorrect address and was not received by the Defendant. The Defendant contends the alleged debt to be statute barred by virtue of the Limitations Act 1980.

neither of these numbers seem to work, the line makes a few noises and then cuts off. is there another number?

[warwick65]

Re: CCJ Help

sorry, what is a POC?

On my credit report it just says 'current account' and does not specifically mention an overdraft.

Amethyst has kindly agreed to read over my statement but yes I will make sure I choose my words wisely

Thanks

Credit reports and in particular the free ones do not always get the right type of account. I have had credit cards called bank accounts and credit cards called store cards . I am not sure about current accounts called anything else but it is possible

[mr_c]

Re: CCJ Help

sorry, what is a POC?

On my credit report it just says 'current account' and does not specifically mention an overdraft.

Amethyst has kindly agreed to read over my statement but yes I will make sure I choose my words wisely

Thanks

[Diana M]

Re: CCJ Help

Regarding the solicitors, it does not say this either, do I need to know that? if so, how do I go about finding it?

I asked in case they are still on record as acting (at court) in which case you may need to approach them.

I would also be very careful not to admit the debt in any letter you write to anyone at this stage. Pick your words carefully.

If the POC refer to a "contract" and not specifically to an overdraft then don't give them any clues.

Di

[Amethyst]

Re: CCJ Help

Course, take your time on it Lots of examples about the place to help. Don't try and talk like a lawyer either xxx

[mr_c]

Re: CCJ Help

ok I shall give this a go, again do you mind if I private message you with what I come up with? it probably won't be for about an hour or so

[Amethyst]

Re: CCJ Help

Yes to draft order, yes to witness statement. Have a look at the examples and have a bash.

You might be on hold to the court for a while, so can be typing as you listen to their soothing music