Order for production of statement of means

[nemesis45]

Re: Order for production of statement of means

Yes at the bottom it says n56 in small print

It is I think genuine so do not be tempted to ignore it.
The bailiff / process server will have been given just a photocopy of the order.

nem

[Mickee]

Re: Order for production of statement of means

Ok I've just check I do have a ccj registered for this debt although it's £100 difference to what papers say

[Streetwise]

Re: Order for production of statement of means

Ok I've just check I do have a ccj registered for this debt although it's £100 difference to what papers say

Forget the figures just now you have a County Court Judgement against you and the claimant is looking to ENFORCE. You need to get this set aside and PRONTO.

[Mickee]

Re: Order for production of statement of means

Forget the figures just now you have a County Court Judgement against you and the claimant is looking to ENFORCE. You need to get this set aside and PRONTO.

What do I need to do please

[Amethyst]

Re: Order for production of statement of means

If you have only just found you have the CCJ you'd need to apply to set it aside if you do not agree you owe the money.

If however the debt is valid and owing then you need to complete the statement of means and return it to the court as per the order.

[Mickee]

Re: Order for production of statement of means

How can it apply to set aside please

[Streetwise]

Re: Order for production of statement of means

How can it apply to set aside please

N244 application form to set aside.

[Mickee]

Re: Order for production of statement of means

N244 application form to set aside.

Thank u where can I get this from please?

[Amethyst]

Re: Order for production of statement of means

http://www.legalbeagles.info/forums/...lication-notes

[Mickee]

Re: Order for production of statement of means

Can I or should I request a copy of the CCA? And what about if this debt is older than 6 years?

[Streetwise]

Re: Order for production of statement of means

Can I or should I request a copy of the CCA? And what about if this debt is older than 6 years?

They have judgement against you and until you get it set aside they don't have to give you anything, better to ask the question what am i going to say in my application to get the judgement set aside.

[nemesis45]

Re: Order for production of statement of means

If you are considering that the debt may have been statute barred prior to the date of issue of the claim you will need find out the date of the last payment and or written acknowledgment of the debt.
Statute Barred in England & Wales = 6 Clear Years with no payment or unequivocal written acknowledgment of the debt.
For clarification any payment made during the relevant 6 year period restarts the clock as will written admission.
A court judgement supercedes the original agreement and the creditor/claimant does not have to supply the agreement.

nem

[Mickee]

Re: Order for production of statement of means

If you are considering that the debt may have been statute barred prior to the date of issue of the claim you will need find out the date of the last payment and or written acknowledgment of the debt.
Statute Barred in England & Wales = 6 Clear Years with no payment or unequivocal written acknowledgment of the debt.
For clarification any payment made during the relevant 6 year period restarts the clock as will written admission.
A court judgement supercedes the original agreement and the creditor/claimant does not have to supply the agreement.

nem

I really appreciate all yr help and advice. Thank u how do I find out the last time I paid I know it was approx 9 years ago but no definite dates and what do I say on that form

[Streetwise]

Re: Order for production of statement of means

I really appreciate all yr help and advice. Thank u how do I find out the last time I paid I know it was approx 9 years ago but no definite dates and what do I say on that form

If you get the judgement set aside the claimant will have to prove a payment was made to the account in the last six years ( 5 if in Scotland ),or that you acknowledged the debt in that period.
If you didn't know that you had been taken to court you can use that on your application form,but the fact that a I&E as been served on you could mean that they probably sent the claim to the right address in the first place and failed to defend when you had the opportunity.
Do you live in a building of multiple occupation by any chance.

[Mickee]

Re: Order for production of statement of means

If you get the judgement set aside the claimant will have to prove a payment was made to the account in the last six years ( 5 if in Scotland ),or that you acknowledged the debt in that period.
If you didn't know that you had been taken to court you can use that on your application form,but the fact that a I&E as been served on you could mean that they probably sent the claim to the right address in the first place and failed to defend when you had the opportunity.
Do you live in a building of multiple occupation by any chance.

ok thanks again no I live in the house but there has been occasions I've come home and my mail has been hanging out so could of possibly been taken?