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Hi All
Would be really grateful for any advice on how to proceed with my N244 application to set aside a default CCJ judgment which I have just discovered on my account.
Context
After being contacted by a bailiff I discovered that I had a CCJ against me, due to some Covenant payments on land which had been transferred to me some time ago by my parents.
Neither, my parents or I had any notion of the covenant charge and when I dug up the paperwork to find the clause which had not been explained, the amounts were also totally inconsistent with what was being claimed for by the company in question.
Finding the CCJ
I looked through the junkmail section of the communal flats where I live and found the Judgement had been misaddressed without my flat number, I checked with the county courts and they also had the wrong details. The company in question definitely had my correct details but I've never received a court summons.
Negotiation for a consent order
I contacted the company who agreed to sign a consent order if I paid immediately (we agreed a different sum to what they had claimed which was consistent to the clause in the land transfer agreement and they agreed via email that there had been a miscalculation of their original sums).
I did some digging and found that the company had a history of poor business dealings and was therefore reluctant to make a transfer until a consent order was signed and my N244 sent to the court.
I sent across the consent order, but the person I was dealing with told me that it was now with her Director and that they were shut for the holiday period. They also refused to give me a timescale for response.
N244
I think I have grounds for a set aside based on:
- not having recieved the documents to begin with, therefore not being able
- they were trying to charge me nearly double what was set out in my agreement.
I have records of that conversation including showing their mistake in miscalculation. I'd prefer to set aside the order as it would cost even more to have a hearing, especially if we agree, but I don't actually have a signed consent order. I know that acting promptly is key to this sort of defence, but I would prefer to go through the consent order route. She also refused to give me any other contact details to continue the discussion.
I'm also going to be out of the country from the end of this week and so unable to receive letters!
Dilemma
Should I proceed to make the N244 application assuming there will be no consent because the courts would hold a delay against me, or should I make an application stating that we had reached consent but I'm waiting for paperwork to confirm this is the case? Should I refer at all to the negotiation which happened after I spoke with them?
Grateful for any insight.
Thank you!!
Would be really grateful for any advice on how to proceed with my N244 application to set aside a default CCJ judgment which I have just discovered on my account.
Context
After being contacted by a bailiff I discovered that I had a CCJ against me, due to some Covenant payments on land which had been transferred to me some time ago by my parents.
Neither, my parents or I had any notion of the covenant charge and when I dug up the paperwork to find the clause which had not been explained, the amounts were also totally inconsistent with what was being claimed for by the company in question.
Finding the CCJ
I looked through the junkmail section of the communal flats where I live and found the Judgement had been misaddressed without my flat number, I checked with the county courts and they also had the wrong details. The company in question definitely had my correct details but I've never received a court summons.
Negotiation for a consent order
I contacted the company who agreed to sign a consent order if I paid immediately (we agreed a different sum to what they had claimed which was consistent to the clause in the land transfer agreement and they agreed via email that there had been a miscalculation of their original sums).
I did some digging and found that the company had a history of poor business dealings and was therefore reluctant to make a transfer until a consent order was signed and my N244 sent to the court.
I sent across the consent order, but the person I was dealing with told me that it was now with her Director and that they were shut for the holiday period. They also refused to give me a timescale for response.
N244
I think I have grounds for a set aside based on:
- not having recieved the documents to begin with, therefore not being able
- they were trying to charge me nearly double what was set out in my agreement.
I have records of that conversation including showing their mistake in miscalculation. I'd prefer to set aside the order as it would cost even more to have a hearing, especially if we agree, but I don't actually have a signed consent order. I know that acting promptly is key to this sort of defence, but I would prefer to go through the consent order route. She also refused to give me any other contact details to continue the discussion.
I'm also going to be out of the country from the end of this week and so unable to receive letters!
Dilemma
Should I proceed to make the N244 application assuming there will be no consent because the courts would hold a delay against me, or should I make an application stating that we had reached consent but I'm waiting for paperwork to confirm this is the case? Should I refer at all to the negotiation which happened after I spoke with them?
Grateful for any insight.
Thank you!!
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