What happens next?

[chortle]

Hello everyone,
I'm just getting used to things here so I apologise in advance if I post up up in the wrong section or ask Q's that have no doubt been asked elsewhere.
Here goes:
I have a CCJ issued in default.
So I know I have to fill out and file a N244 to have the judgement set aside, along with witness statement (I have received no paperwork from the claimant nor a Court).
A draft defence statement and a Draft Order.

I have just paid £10.00 to the issuing Court Northampton as to the particulars of claim and to get a copy of the judgement etc so at least I can find out what the claim is.

However when I send a draft defence is this my actual defence or a shortened version?
I note that it says if the Court sets aside the judgement I have 14 day to file a defence and counter claim.
So when do I send my actual defense in?

Could someone talk me through the process so I can get my head round it please.
Once I send in the paperwork what happens next?

Many Thanks

Chortle

[charitynjw]

Re: What happens next?

Hi chortle

When do you expect to receive a copy of the PoC?

[Diana M]

Re: What happens next?

You should have asked NCCBC to send you the "Case Details" which include the POC and it should be free of charge. They would also send you the Default Judgment (CCJ) free (unless this was not issued through MCOL).

Why didn't you receive the claim (incorrect address?) and how did you discover you had a CCJ.

You need to know if you've got a Defence before you ask when and how to file it.

So who is the Claimant, who was the original creditor (if it's been sold), what was the financial product (credit car, loan, overdraft, catalogue, mobile phone bill), when was the account opened, and how much is the CCJ?

Di

[chortle]

Re: What happens next?

Hello and thank you for your reply.
I visited my local Court and the Clerk gave me a print out of one sheet.
That contains what the Claimant has stated.
However he stated that was all he could give me and I needed to contact the Northampton centre as they would hold the complete file. Inc the judgement and any other evidence that was provided in their claim.

So I rang them today (all day) finally getting through at 3:15 pm and paid my £10.00 fee to have the documents emailed to me.
However despite being told they'd be here within 10 mins or so have failed to appear.
So I will now have to ring them in the Morning to chase them up.

I do have a basic idea of the claim but not what evidence has been provided and only found out about the judgement when I received a Bailiff's notice Warrant of Control.

So far I have done the following.
Sent the claimant a letter asking them to consent to set aside the Order. Sent by signed for. It's been signed for but had no response. Gave them a 7 day response time.

Drafted a witness statement in support of my application.
Put together a draft defence on the basis of the info I have so far.
Put together a draft Order and part filled in the N244.
I'd hope to get a copy of the file at some point tomorrow.

Many thanks

Chortle

[chortle]

Re: What happens next?

Thanks Diana,
I didn't receive any paper work as my post box is located in another part of the building to which my premises are adjacent. However the key holder went touring around Australia. Being away for some 6 months, so I had no access to my mail. However when he returned and I got to my mail there was nothing in regard to the matter anyway.

The claim arises over some work carried out to a car and not of a credit nature.
I'm surprised to learn that the info I wanted should of been free.
Especially as I was told I'd need to pay £10.00 for the file.

Thank You

chortle

[Diana M]

Re: What happens next?

I didn't receive any paper work as my post box is located in another part of the building to which my premises are adjacent. However the key holder went touring around Australia. Being away for some 6 months, so I had no access to my mail. However when he returned and I got to my mail there was nothing in regard to the matter anyway.

In which case where was the claim form sent?

Di

[chortle]

Re: What happens next?

Hello Di,
I have no idea where the paperwork went.
The Clerk at the Court told me they considered it as served.
I received nothing from the claimant personally nor a copy of the judgement after the fact.
One thing that it states on the bottom of the paper is "no possession address for case". Probably nothing to do with service?
I have got the POC and a copy of the judgement today and it's the same as the paper I got from the Clerk.

So what happens next.
Do I do a draft defence and save the amo i have for a trial,
Would the judge the make directions for final statements to be sent in, then we go to trial?

or do I send in my full defence with the N244?

Thanks again.