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set aside advice please

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  • set aside advice please

    Hello everyone,
    I'm hoping someone can help me please. I have credit card debt from nearly 6 years ago. I have been recently been issued a CCJ by Lowell which was sent to my old address so I didn't have a chance to defend it. I have looked for letters on this website and sent off a request for the credit agreements to Lowell and I have had no reply at all from them. I have also looked at old threads and applied to the court to have the CCJ set aside. They have granted me a hearing. I just need help now please with how to prepare for the hearing as I don't know what to do next or if I have done everything correctly up to now.

    Please could someone help me with this. Please let me know if you require further information to help.

    Many thanks.
    Tags: None

  • #2
    Set Aside Application
    you need to get set aside in order to fight the CCA request as once issued court case cca irrelevant at this stage, set aside and get one then kicks in if they not got one keep copy on file of everything.

    ​​​​​​
    General application (N244) by consent or without notice 108
    General application (N244) application on notice 275
    Form EX160: apply for help with court and tribunal fees if eligible/

    Last edited by MIKE770; 7th April 2022, 15:02:PM.

    Comment


    • #3
      Originally posted by MIKE770 View Post
      Set Aside Application
      you need to get set aside in order to fight the CCA request as once issued court case cca irrelevant at this stage, set aside and get one then kicks in if they not got one keep copy on file of everything.

      ​​​​​​
      General application (N244) by consent or without notice 108
      General application (N244) application on notice 275
      Form EX160: apply for help with court and tribunal fees if eligible/
      Ok thanks for your reply. How do I go about getting the court to set it aside. I have sent the paperwork from here to the court and they have granted me a hearing I'm just not sure what to actually say at the hearing. Could you help with that please. I did already apply for the help with the fees. Thanks

      Comment


      • #4
        echat11 probably help there for you

        Comment


        • #5
          What is the hearing for?

          What documents did you send to get the hearing?

          Have you sought consent from Lowell's to set aside the CCJ as it was served at the wrong address? (you were unaware at the time)

          If they consent to the set aside, then it would cost 108, if they won't consent then it would cost 275.

          You need to summarize concisely what you have done, i.e. a), b), c) etc.

          Comment


          • #6
            Originally posted by echat11 View Post
            What is the hearing for?

            What documents did you send to get the hearing?

            Have you sought consent from Lowell's to set aside the CCJ as it was served at the wrong address? (you were unaware at the time)

            If they consent to the set aside, then it would cost 108, if they won't consent then it would cost 275.

            You need to summarize concisely what you have done, i.e. a), b), c) etc.
            Hi,

            Thank you for your reply. I sent a witness statement, draft order and defence to the court to get the hearing.
            I sent an e-mail to Lowell to change my address. The CCJ was issued after this.
            I sent an e-mail to Lowell after I got the CCJ to ask for it to be set aside. They just replied saying I need to contact Overdales which is the solicitor but I contacted them to ask about the CCJ and to tell them it was sent to the wrong address by e-mail and they didn't reply to me.
            I then sent Credit agreement requests to Lowell and have had no reply from them about that either.
            I have applied for costs to be paid for the n244 that I requested I filled in the help with costs form.

            I would be grateful if you can tell me what I might have done wrong or what I need to do next and how to prepare for the hearing.

            Thanks so much for replying so far.

            Comment


            • #7
              It seems that they are playing the game of who will give in first, Without the true copy of the CCA in their position my understanding is there is no case, as there must be proof, I guess that the Judge will take this action. You would ask the Judge to demand that Overdales produce it. or the case will be set aside.

              Comment


              • #8
                You need to distinguish between your application to set aside the CCJ and the underlying claim. If there is a CCJ in place, they don't need to prove anything further. You can apply to have the CCJ set aside and it sounds like you're doing that. Provided you have acted promptly, the court is likely to set aside the CCJ if you can show that it was sent to a previous address and you had no opportunity to respond. The court may then allow the claimant to continue with the underlying claim. They will then need to prove their case and you will have the chance to defend it.

                My advice would be to make sure you have evidence that you were no longer living at the address where the claim was sent.
                Since qualifying as a solicitor over 20 years ago, I have specialised in advising clients on navigating the court system.
                I have helped hundreds of people remove CCJ's from their credit file. I have learnt the relevant rules, the strategies for optimising the prospects of success and the pitfalls to avoid. I'm currently writing a book "How to Remove a CCJ"

                Comment


                • #9
                  Originally posted by AndrewC View Post
                  You need to distinguish between your application to set aside the CCJ and the underlying claim. If there is a CCJ in place, they don't need to prove anything further. You can apply to have the CCJ set aside and it sounds like you're doing that. Provided you have acted promptly, the court is likely to set aside the CCJ if you can show that it was sent to a previous address and you had no opportunity to respond. The court may then allow the claimant to continue with the underlying claim. They will then need to prove their case and you will have the chance to defend it.

                  My advice would be to make sure you have evidence that you were no longer living at the address where the claim was sent.
                  Thank you for your reply. Yes the CCJ is in place as I didn't have the opportunity to defend it. I have acted within about 2-3 weeks of the CCJ being on my credit file when I noticed it. The address on the ccj is showing as the old address would this be enough proof please?
                  I would have a tenancy agreement or bills at the new address would this be enough proof?
                  Thanks for your help.

                  Comment


                  • #10
                    Hello
                    I am looking for advice again on this claim please. I have now been sent a consent order to sign by the solicitors. They are consenting to have the case set aside and allowing me to file a defence. They are not asking for costs. I just wanted to make sure it is the right thing to do to agree with this.
                    Any replies and advise appreciated.
                    Thanks

                    Comment


                    • #11
                      Originally posted by eire13 View Post
                      Hello
                      I am looking for advice again on this claim please. I have now been sent a consent order to sign by the solicitors. They are consenting to have the case set aside and allowing me to file a defence. They are not asking for costs. I just wanted to make sure it is the right thing to do to agree with this.
                      Any replies and advise appreciated.
                      Thanks
                      As long as you agree with everything that's stated in the Consent Order, then it's fine to sign and send off. Make sure you keep a copy. Make sure you get Proof of Postage.

                      Comment


                      • #12
                        And it appears from your other thread that you have an understanding of the procedures followed in a court claim.
                        Lawyer - retired from practice, now in academia. I do not advise by PM.

                        Comment


                        • #13
                          Ok thanks for the replies. Everything looks good in the consent order. I just wanted to make sure.
                          could I get help with the defence to make sure I am not making mistakes.
                          Also these debts are now over 6 years old. Will the fact the ccj was issued mean they are not statute barred now.
                          Thanks

                          Comment


                          • #14
                            Originally posted by eire13 View Post
                            Ok thanks for the replies. Everything looks good in the consent order. I just wanted to make sure.
                            could I get help with the defence to make sure I am not making mistakes.
                            Also these debts are now over 6 years old. Will the fact the ccj was issued mean they are not statute barred now.
                            Thanks
                            a) could I get help with the defence to make sure I am not making mistakes.

                            Yes

                            b) Also these debts are now over 6 years old. Will the fact the ccj was issued mean they are not statute barred now.

                            Yes, can't be statuted barred.

                            Comment


                            • #15
                              Isn't the question whether the alleged debts were statute barred at the time the Court proceedings were issued?
                              Lawyer - retired from practice, now in academia. I do not advise by PM.

                              Comment

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