**SET ASIDE** What to do about a CCJ?

[Kati]

Re: What to do about a CCJ?

It reads OK to me ... I'll put these screenshots up so [MENTION=55034]nemesis45[/MENTION] can have a look (and advise if anything else needs adding)





Have you done a witness statement? It could be used to enter a copy of the letter you sent to UU advising them of your move abroad and also wage slips etc... from over there

[Goodbhoy]

Re: What to do about a CCJ?

It reads OK to me ... I'll put these screenshots up so @nemesis45 can have a look (and advise if anything else needs adding)





Have you done a witness statement? It could be used to enter a copy of the letter you sent to UU advising them of your move abroad and also wage slips etc... from over there

Thanks Kati,
I am not sure what you mean by do a witness statement?
I mentioned all the items within the document, I thought that was my witness statement.
I included a wage slip within the pack to prove where I was in March 2015 (with my Canadian Address and employer) and referred to it in the passage.
I also included the statement sent to me by UU which shows the charges each month since 2009 and all fees were after my leaving date of March 2015. I also referred to this in the passage and included it in the package.
I informed them of my move by telephone, I never sent a letter so I don't have any written evidence on this.

I am not really sure what you mean by a witness statement? Do you mean include a covering letter explaining all these things?

Thanks for your assistance.

[nemesis45]

Re: What to do about a CCJ?

Thanks Kati,
I am not sure what you mean by do a witness statement?
I mentioned all the items within the document, I thought that was my witness statement.
I included a wage slip within the pack to prove where I was in March 2015 (with my Canadian Address and employer) and referred to it in the passage.
I also included the statement sent to me by UU which shows the charges each month since 2009 and all fees were after my leaving date of March 2015. I also referred to this in the passage and included it in the package.
I informed them of my move by telephone, I never sent a letter so I don't have any written evidence on this.

I am not really sure what you mean by a witness statement? Do you mean include a covering letter explaining all these things?

Thanks for your assistance.

Ok the reasons for the application are clear all that is needed is a witness statement , this should be
an indexed chronological ( makes it easy for a judge to read) statement of the events e.g.

This is the witness statement of your name of

Your address.

I your name will say as follows.


1. I First became aware of the County Court Judgement against me I favour of claimants name.

if you have a document to entered in evidence index It e.g. I received letter from xxxxx on date (Exhibit 10)

Put a draft together after taking a loo at some on other threads to give you an easy reference on content an format.

I'm sure [MENTION=49370]Kati[/MENTION] will give me a nudge rather busy at present because of storm damage at home.


nem

[Amethyst]

Re: What to do about a CCJ?

Bit of help on WS's here http://www.legalbeagles.info/forums/...ness-Statement

[stevemLS]

Re: What to do about a CCJ?

I suspect the issue with the original debt is that when utilities are paid by direct debit it is only ever based on an estimate of what you will use. Water is a bit different in that some are metered and some are not being based on that rateble value of the property.

If you were on a metered supply they may well have read it when you told them you were moving out and the balance represents the water used less the dd payments you have made.

So, you have a good case to set aside the judgment but it might be lacking in showing you have a defence to the original claim.

[Goodbhoy]

Re: What to do about a CCJ?

Ok the reasons for the application are clear all that is needed is a witness statement , this should be
an indexed chronological ( makes it easy for a judge to read) statement of the events e.g.

This is the witness statement of your name of

Your address.

I your name will say as follows.


1. I First became aware of the County Court Judgement against me I favour of claimants name.

if you have a document to entered in evidence index It e.g. I received letter from xxxxx on date (Exhibit 10)

Put a draft together after taking a loo at some on other threads to give you an easy reference on content an format.

I'm sure @Kati will give me a nudge rather busy at present because of storm damage at home.


nem

Thank you nem

- - - Updated - - -

Bit of help on WS's here http://www.legalbeagles.info/forums/...ness-Statement

Amethyst, thank you too. I will have a read of that, thanks.

[Goodbhoy]

Re: What to do about a CCJ?

I suspect the issue with the original debt is that when utilities are paid by direct debit it is only ever based on an estimate of what you will use. Water is a bit different in that some are metered and some are not being based on that rateble value of the property.

If you were on a metered supply they may well have read it when you told them you were moving out and the balance represents the water used less the dd payments you have made.

So, you have a good case to set aside the judgment but it might be lacking in showing you have a defence to the original claim.

Thanks Steve.
There was no meter. All the monthly payments were laid out in advance and I never ever missed a monthly payment.

This is why I am so aggrieved with the situation as I have to pay 155GBP and I have done absolutely nothing wrong.
But it is a small price to pay to get rid of the CCJ.

[stevemLS]

Re: What to do about a CCJ?

Thanks Steve.
There was no meter. All the monthly payments were laid out in advance and I never ever missed a monthly payment.

This is why I am so aggrieved with the situation as I have to pay 155GBP and I have done absolutely nothing wrong.
But it is a small price to pay to get rid of the CCJ.

Thanks for clarifying that. Was just floating a possible explanation.

Strengthens your case for a set aside.

I know you have tried to talk to them but have you formally asked them to agree to have the judgment set aside? If they do, you can do it on the same application but no hearing would be required which reduces the fee to £50?

[Goodbhoy]

Re: What to do about a CCJ?

Thanks for clarifying that. Was just floating a possible explanation.

Strengthens your case for a set aside.

I know you have tried to talk to them but have you formally asked them to agree to have the judgment set aside? If they do, you can do it on the same application but no hearing would be required which reduces the fee to £50?

I have Steve and they rejected this and still said that I owed them money.
What they say I owe is actually £165, which seems like nothing considering the N244 is costing £155.
The point being, the £165 is a result of court fees, etc accumulated to get the CCJ after I vacated the property.
If I pay the £165 (which I don't owe), the CCJ will still be on my credit file.

I think the N244 is the way to go but I am prepared to listen if someone else thinks differently.

Thanks.

[Goodbhoy]

Re: What to do about a CCJ?

OK, I have paid the £155 over the phone and sent all the documents via email today.

Can anyone please give me any idea of the timescale?
How long is it before I hear anything?
How long does the whole process take?

Thanks

[Goodbhoy]

Liverpool County Court

Hi there,

I write with reference to my previous thread at http://www.legalbeagles.info/forums/...656#post595656

I may be worrying needlessly as I do not know what the timescale for these N244 things.
I receive notification from Northampton County court that my N244 application had been processed and had been referred to Liverpool County Court so as a hearing date could be set.
This was on 24th November but I have not heard anything since.

Is there an email address where I could follow this up?
I managed to find info@liverpoolcountycourt.co.uk online but the email I sent bounced back to me.

Like I said, I may be worrying needlessly but if anyone can help in directing me how to follow this up, I would appreciate it.

Thanks

[nemesis45]

Re: Liverpool County Court

Hi there,

I write with reference to my previous thread at http://www.legalbeagles.info/forums/...656#post595656

I may be worrying needlessly as I do not know what the timescale for these N244 things.
I receive notification from Northampton County court that my N244 application had been processed and had been referred to Liverpool County Court so as a hearing date could be set.
This was on 24th November but I have not heard anything since.

Is there an email address where I could follow this up?
I managed to find info@liverpoolcountycourt.co.uk online but the email I sent bounced back to me.

Like I said, I may be worrying needlessly but if anyone can help in directing me how to follow this up, I would appreciate it.

Thanks

There is a backlog within the court system so this is not out of the norm.

Please keep to the same thread otherwise this will get very confusing.
I'll for the threads to be merged. [MENTION=49370]Kati[/MENTION] can you help please?

nem

[Kati]

Re: Liverpool County Court

@Kati can you help please?

sorted xx

[nemesis45]

Re: Liverpool County Court

sorted xx

Thank Younem xx

[Goodbhoy]

Re: What to do about a CCJ?

I have today received a letter from the court but do not have any instructions on how to proceed.

I am told that the hearing will take place on 8th January 2016 at 12:30pm and the estimate time allocated to this is 25 mins.
There is no further information on how I should proceed.

Do I have to attend or will it be heard in my absence given the evidence I submitted?
Any guidance would be appreciated.