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Hi All,
I hope someone can help, I'm panicking like mad with all the legal jargon.
To lay out the story, I took on a pub business in Feb 2013 living on site. In 2014 I signed an agreement with Barclays for their credit card services (credit card terminal etc). Unfortunately, the business didn't go so well and in Oct 2015 I was made bankrupt.
Yesterday I received a call from a company called CRC Collections. They said they are going to take me to High Court as I have not paid my CCJ off that they got in court in April 2017 against me. They said it was for Barclays credit card services. I explained at no point did I receive any documentation and was not aware of the debt. It appears they did little due diligence in tracing an actual address and said they couldn't find any sign of a bankruptcy. I had moved out of the property some 12 months prior to them going to court with a debt I was totally unaware of in the first place. I also explained if the alleged debt was indeed Barclay card then this would be covered by the Bankruptcy Order at the time. They asked for evidence of the order which I emailed to them this morning. The subsequently replied:
"We tried to search for the case on the govt site but did not show the bankruptcy record. However, the enclosed proof is fine and will now close the case."
They also told me that I would have to apply to the court to have the CCJ set aside.
Now, the N244 form scares me. Reading various guides on filing it in they refer to using legal speak, the witness statement appears to be set out in a very particular way using very particular "court" language which I simply don't understand. I have been quoted £249 by a company online to do the leg work and format the form but when I asked about recovering costs they didn't seem so interested in helping with that part. I feel its unfair that I have to pay the £255 fee to the court and if I requested their assitance another £249 to a legal firm, I read on a guide on legalbeagles:
"If the court agrees to set aside the CCJ, you should always ask the court to make an order for the other side to pay your application fees and other associated costs incurred. There is a general rule that the successful part should be entitled to their application fees and costs in connection with the application (see Rule 44.2(2)(a), Part 44 CPR – click here for link). When a court considers making an order for costs, it will take into account a number of factors such as whether the costs are reasonable and proportionate."
I am happy the case has been dropped, i didnt sleep at all last night, but i am now a nervous wreck on how to file my application in the correct way to get the right result, the CCJ set aside and if possible recover my costs as I feel if I had been aware of the potential case I could have acted beforehand showing my Bankruptcy Order and the case would have been closed before going to court.
many thanks for any advice / help you can offer
I hope someone can help, I'm panicking like mad with all the legal jargon.
To lay out the story, I took on a pub business in Feb 2013 living on site. In 2014 I signed an agreement with Barclays for their credit card services (credit card terminal etc). Unfortunately, the business didn't go so well and in Oct 2015 I was made bankrupt.
Yesterday I received a call from a company called CRC Collections. They said they are going to take me to High Court as I have not paid my CCJ off that they got in court in April 2017 against me. They said it was for Barclays credit card services. I explained at no point did I receive any documentation and was not aware of the debt. It appears they did little due diligence in tracing an actual address and said they couldn't find any sign of a bankruptcy. I had moved out of the property some 12 months prior to them going to court with a debt I was totally unaware of in the first place. I also explained if the alleged debt was indeed Barclay card then this would be covered by the Bankruptcy Order at the time. They asked for evidence of the order which I emailed to them this morning. The subsequently replied:
"We tried to search for the case on the govt site but did not show the bankruptcy record. However, the enclosed proof is fine and will now close the case."
They also told me that I would have to apply to the court to have the CCJ set aside.
Now, the N244 form scares me. Reading various guides on filing it in they refer to using legal speak, the witness statement appears to be set out in a very particular way using very particular "court" language which I simply don't understand. I have been quoted £249 by a company online to do the leg work and format the form but when I asked about recovering costs they didn't seem so interested in helping with that part. I feel its unfair that I have to pay the £255 fee to the court and if I requested their assitance another £249 to a legal firm, I read on a guide on legalbeagles:
"If the court agrees to set aside the CCJ, you should always ask the court to make an order for the other side to pay your application fees and other associated costs incurred. There is a general rule that the successful part should be entitled to their application fees and costs in connection with the application (see Rule 44.2(2)(a), Part 44 CPR – click here for link). When a court considers making an order for costs, it will take into account a number of factors such as whether the costs are reasonable and proportionate."
I am happy the case has been dropped, i didnt sleep at all last night, but i am now a nervous wreck on how to file my application in the correct way to get the right result, the CCJ set aside and if possible recover my costs as I feel if I had been aware of the potential case I could have acted beforehand showing my Bankruptcy Order and the case would have been closed before going to court.
many thanks for any advice / help you can offer
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