Draft order for CCJ HELP!

[cbatten565]

Hi, I am seeking some help drafting an Order I am seeking from my application for setting aside a CCJ (n244 form) and Witness statement.

Basically, I want the courts to set 2 CCJ's aside for the same reason that both claims made against me were sent to an address I lived at over a year ago now (June 2016- when I moved out and moved into a new property)

Both judgement's were obtained by default, one in November 2016 from Lowell and the second from Cabot in August this year!

I am using the template I have found on here, as follows;

1. The judgement dated 17^th August 2017 be set aside.
2. The defendant shall file and serve its defence by 4pm on....
3. The claimant do pay the Defendants costs of this application to the sum of….
4. The claimant has permission to file and serve a reply if so required

However I am getting help with fees as I am out of work at the moment so point 3 wont apply but howlong should I expect to be able to file and serve a defence, as I need to be able to have time to obtain information from the claimant in relation to CCA's etc...

Your help is very much appreciated!

Chris

[ploddertom]

Re: Draft order for CCJ HELP!

You have not mentioned whether you owe the sums involved or not. If you do owe them then your application will fail as you will only be swapping 1 CCJ for another. Having an old address is only part of the equation.

[cbatten565]

Re: Draft order for CCJ HELP!

You have not mentioned whether you owe the sums involved or not. If you do owe them then your application will fail as you will only be swapping 1 CCJ for another. Having an old address is only part of the equation.

I have obtained a copy of the particulars from the court and they allege I do but I want to see evidence and an opportunity for my arguments to be put forward i.e Do they have CCA's or copy of contracts etc..

In particular, one of them is a bank account were they allege I owe money under a "contract", however having spoken to their solicitors, Restons, they have advised me over the phone that they don't hold a copy of that contract.

[Amethyst]

Re: Draft order for CCJ HELP!

When you moved house did you inform creditors at all - update your address on the credit file / electoral roll - have a forwarding address ? (what happened with other post as for judgment in Nov 16 the claim would have been made in Sept/Oct so not long after you moved)

Were you aware of the Lowell and Cabot debts at that time ?

When was the last time before the claims that you had any contact with either ?

Draft order is fine, you can leave out the costs bit with no issue.

14 days is normal for filing a defence after the default judgment is set aside - however you should submit a draft defence with the application. Do you have a reasonable chance of success at defending the claims ? ( what are they for ? how much etc )

You should first, before submitting the application, write to the claimants and ask them to consent to setting aside the claim.

[Amethyst]

Re: Draft order for CCJ HELP!

I have obtained a copy of the particulars from the court and they allege I do but I want to see evidence and an opportunity for my arguments to be put forward i.e Do they have CCA's or copy of contracts etc..

In particular, one of them is a bank account were they allege I owe money under a "contract", however having spoken to their solicitors, Restons, they have advised me over the phone that they don't hold a copy of that contract.

Okay do you think this a an overdraft debt ? They are tricky to defend on document grounds as they don't have to comply with the section of the consumer credit act that makes the debt unenforceable if they don't supply the contract ( most of the time, there are odd exceptions )

Good to hear you have the Particulars, can you post them up pls ?

Were the judgments both for forthwith payment ?

[cbatten565]

Re: Draft order for CCJ HELP!

When you moved house did you inform creditors at all - update your address on the credit file / electoral roll - have a forwarding address ? (what happened with other post as for judgment in Nov 16 the claim would have been made in Sept/Oct so not long after you moved)

Were you aware of the Lowell and Cabot debts at that time ?

When was the last time before the claims that you had any contact with either ?

Draft order is fine, you can leave out the costs bit with no issue.

14 days is normal for filing a defence after the default judgment is set aside - however you should submit a draft defence with the application. Do you have a reasonable chance of success at defending the claims ? ( what are they for ? how much etc )

You should first, before submitting the application, write to the claimants and ask them to consent to setting aside the claim.

Firstly, No i didn't inform all creditors- but could a Judge say I could reasonably of done this??? I did update the electoral role at my new address and added myself to it.

I was not aware of the debts and had no contact from Lowell or Cabot- I have not heard of Cabot until a couple of months ago!

The lowell debt of around Ł300 (including their costs) relate to an old JD Williams Catalogue and the Cabot one around Ł400 for an old Yorkshire Bank account.

[cbatten565]

Re: Draft order for CCJ HELP!

Cabot:

THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND YORKSHIRE BANK DATED ON OR ABOUT MAR 05 2015 AND ASSIGNED TO THE CLAIMANT ON SEP 08 2016 PARTICULARS A/C NO ***************** DATE ITEM VALUE06/07/2017 DEFAULT BALANCE ****** POST REFRL CR NIL TOTAL ******


Lowell:

1) THE DEFENDANT ENTERED INTO A CONSUMER CREDIT ACT 1974 REGULATED AGREEMENT WITH JD WILLIAMS UNDER ACCOUNT REFERENCE *********** ('THE AGREEMENT'). 2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH. 3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 03/2015 AND NOTICE GIVEN TO THE DEFENDANT. 4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF Ł***** REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS A) THE SAID SUM OF Ł***** B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT 1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, ACCRUING AT A DAILY RATE OF Ł****, BUT LIMITED TO ONE YEAR, BEING Ł**** C) COSTS

[ploddertom]

Re: Draft order for CCJ HELP!

I think you may find that already having a CCJ will negate some of the having to provide some documents - CCA for instance.

[Diana M]

Re: Draft order for CCJ HELP!

I think you may find that already having a CCJ will negate some of the having to provide some documents - CCA for instance.

Once the CCJ is set aside then the Claimant (debt owner) must comply with any s.77-79 CCA Request from the Defendant in order to enforce the debt in court.

Di

[Diana M]

Re: Draft order for CCJ HELP!

Okay do you think this a an overdraft debt ? They are tricky to defend on document grounds as they don't have to comply with the section of the consumer credit act that makes the debt unenforceable if they don't supply the contract ( most of the time, there are odd exceptions )

If a current account overdraft facility has been renewed annually since 2012 then it will be covered by s78 CCA.

The Claimant (debt owner) would also have to produce the Final Demand etc.

There are more ways to defeat a claim for an overdraft than just s 77-79 CCA.

Di

[Diana M]

Re: Draft order for CCJ HELP!

I was not aware of the debts and had no contact from Lowell or Cabot- I have not heard of Cabot until a couple of months ago!

Are you saying that each of these debts were assigned to Lowell and Cabot after you moved from your old address so you wouldn't have received any Notice of Assignment?

Have you received an annual Notice of Sums in Arrears (s 86) since you defaulted on the account?

Is the Cabot claim in the name of Cabot Financial (UK) Ltd or Cabot Financial (Europe) Ltd?

You may have potential legal arguments that don't only revolve around s 77-79 CCA.

Di

[cbatten565]

Re: Draft order for CCJ HELP!

Are you saying that each of these debts were assigned to Lowell and Cabot after you moved from your old address so you wouldn't have received any Notice of Assignment?

Have you received an annual Notice of Sums in Arrears (s 86) since you defaulted on the account?

Is the Cabot claim in the name of Cabot Financial (UK) Ltd or Cabot Financial (Europe) Ltd?

You may have potential legal arguments that don't only revolve around s 77-79 CCA.

Di

1. They must have been

2. No, not that I am aware of.

3. Cabot Financial (UK) Ltd is the Claimant

Di- If I submit an application for set aside for both claims to the court and submit a draft Order along with them- should I send also send a copy of my defence or wait for the outcome of my applications then send requests to the claimants for disclosure of the contracts and CCA's etc?

Thanks
C

[cbatten565]

Re: Draft order for CCJ HELP!

I want to try and get these sent off this week as I fear that because I have informed both sets of solicitors of my intention to make applications to set aside and the fact I am not working they will send out bailiffs at any opportunity...

[cbatten565]

Re: Draft order for CCJ HELP!

If anyone could advise that would be great! Thanks!!

[cbatten565]

Re: Draft order for CCJ HELP!

Sorry to rush a response on this but I really need to send my applications for set aside ASAP!

Thanks for all your help