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Hi all,
Really hope someone can help me.
In 2016 Lowell (debt buyers) got a ccj registered against me. It was send to my old address so i was none the wiser until i recently applied for a new rental property and failed referencing because of a CCJ. I called the courts and found out who it was and when.
I today submitted the N244 form to have it set aside because i didn't receive it and if i had of recieved it i would have defended it. However, i used the form online from beat the bailiffs and after seeings posts on here that they are useless I'm now worried about my claim.
Is there anything i can do in the meantime? Or anything i should change? I've also sent a copy of both documents to Lowell.
Ill paste the statement below that i got from the internet except i changed the bit about the address to that i had moved address and was made the local authority aware of my new address a d paid council tax etc there.
I'm also really nervous about what will happen at the hearing and any advice would be really appreciated.
Thank you
IN THE COUNTY COURT AT [insert court] Claim No. [insert claim no}
B E T W E E N :-
[PUT NAME OF CLAIMANT]
Claimant
- and –
[PUT YOUR NAME]
Defendant
________________________________________
STATEMENT IN SUPPORT OF APPLICATION
FOR JUDGMENT ENTERED TO BE SET ASIDE
________________________________________
I [INSERT YOUR NAME] of [INSERT YOUR ADDRESS] make this statement in support of my application for an Order that the Judgment Entered against me be set aside.
1. I confirm that I am the Defendant in this action.
2. Proceedings have been issued against me by the Claimant.
3. I accept that the address on the Claim Form is my address and that matter is not at issue. However, despite the Claim Form having the correct address I did not receive the Claim Form at my address.
4. Had the Claim Form been received I would have defended the Claim. However, as it was not received I cannot defend a claim I know nothing about. I believe that the claim originated from the County Court Business Centre in Northampton which is not my home Court and it was only upon it being transferred to the County Court in [INSERT NAME OF COURT] for the Application for a Charging Order/Warrant of Control [CHOOSE ONE OR THE OTHER OPTION] that I had any knowledge at all of the claim being made against me.
5. In support of my position in relation to not receiving the Claim Form and not being able to Defend the Claim I rely upon the case of Estate Acquisition and Development Ltd v Wiltshire
[2006] EWCA Civ 533 wherein it was held that Dyson LJ at para 24:
6. Dyson LJ stated "A person is under no obligation to make himself amenable to potential claims of which he has no notice. It must follow that, if he fails to attend a hearing in proceedings of which he is unaware, he has a good reason for failing to attend."
7. I apply the same principle to my situation. Deemed service is rebutted and whilst deemed service may be applied by the Claimant it was not possible for me to deal with non receipt of the Claim Form until I became aware of the said proceedings.
8. I did not and never have entered into any agreement with the Claimant. I have received no Deed of Assignment from either the originating creditor or the Claimant.
9. I do not believe that the Claimant has any right to make a claim against me. I do not believe that I am indebted to the Claimant whether as alleged or at all.
10. The Claimant relies on the Section 126 of the Law of Property Act 1925. No Deed of Assignment has been received. In this respect I would draw attention to Lord Denning who states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract."
"In order that the assignee may obtain the benefit of the Law of Property Act 1925, express notice in writing of the assignment must be given to the debtor, trustee or other person from whom the assignor would have been entitled to claim the debt or the chose or thing in action".
11. In the circumstances I should be grateful if the Court would take into account that I did not receive the Claim Form and have, therefore, been deprived of the opportunity of defending the Claim.
12. Further that I have reasonable prospects of successfully defending the Claim.
I believe that the facts stated in this statement are true.
Dated this day of 2015
…………………………………………†¦â€¦â€¦.
[INSERT YOUR NAME]
DEFENDANT
Really hope someone can help me.
In 2016 Lowell (debt buyers) got a ccj registered against me. It was send to my old address so i was none the wiser until i recently applied for a new rental property and failed referencing because of a CCJ. I called the courts and found out who it was and when.
I today submitted the N244 form to have it set aside because i didn't receive it and if i had of recieved it i would have defended it. However, i used the form online from beat the bailiffs and after seeings posts on here that they are useless I'm now worried about my claim.
Is there anything i can do in the meantime? Or anything i should change? I've also sent a copy of both documents to Lowell.
Ill paste the statement below that i got from the internet except i changed the bit about the address to that i had moved address and was made the local authority aware of my new address a d paid council tax etc there.
I'm also really nervous about what will happen at the hearing and any advice would be really appreciated.
Thank you
IN THE COUNTY COURT AT [insert court] Claim No. [insert claim no}
B E T W E E N :-
[PUT NAME OF CLAIMANT]
Claimant
- and –
[PUT YOUR NAME]
Defendant
________________________________________
STATEMENT IN SUPPORT OF APPLICATION
FOR JUDGMENT ENTERED TO BE SET ASIDE
________________________________________
I [INSERT YOUR NAME] of [INSERT YOUR ADDRESS] make this statement in support of my application for an Order that the Judgment Entered against me be set aside.
1. I confirm that I am the Defendant in this action.
2. Proceedings have been issued against me by the Claimant.
3. I accept that the address on the Claim Form is my address and that matter is not at issue. However, despite the Claim Form having the correct address I did not receive the Claim Form at my address.
4. Had the Claim Form been received I would have defended the Claim. However, as it was not received I cannot defend a claim I know nothing about. I believe that the claim originated from the County Court Business Centre in Northampton which is not my home Court and it was only upon it being transferred to the County Court in [INSERT NAME OF COURT] for the Application for a Charging Order/Warrant of Control [CHOOSE ONE OR THE OTHER OPTION] that I had any knowledge at all of the claim being made against me.
5. In support of my position in relation to not receiving the Claim Form and not being able to Defend the Claim I rely upon the case of Estate Acquisition and Development Ltd v Wiltshire
[2006] EWCA Civ 533 wherein it was held that Dyson LJ at para 24:
6. Dyson LJ stated "A person is under no obligation to make himself amenable to potential claims of which he has no notice. It must follow that, if he fails to attend a hearing in proceedings of which he is unaware, he has a good reason for failing to attend."
7. I apply the same principle to my situation. Deemed service is rebutted and whilst deemed service may be applied by the Claimant it was not possible for me to deal with non receipt of the Claim Form until I became aware of the said proceedings.
8. I did not and never have entered into any agreement with the Claimant. I have received no Deed of Assignment from either the originating creditor or the Claimant.
9. I do not believe that the Claimant has any right to make a claim against me. I do not believe that I am indebted to the Claimant whether as alleged or at all.
10. The Claimant relies on the Section 126 of the Law of Property Act 1925. No Deed of Assignment has been received. In this respect I would draw attention to Lord Denning who states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract."
"In order that the assignee may obtain the benefit of the Law of Property Act 1925, express notice in writing of the assignment must be given to the debtor, trustee or other person from whom the assignor would have been entitled to claim the debt or the chose or thing in action".
11. In the circumstances I should be grateful if the Court would take into account that I did not receive the Claim Form and have, therefore, been deprived of the opportunity of defending the Claim.
12. Further that I have reasonable prospects of successfully defending the Claim.
I believe that the facts stated in this statement are true.
Dated this day of 2015
…………………………………………†¦â€¦â€¦.
[INSERT YOUR NAME]
DEFENDANT
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