set aside advice please

[AndrewC]

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.

[DE DOGS]

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.

[eire13]

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.

[echat11]

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.

[MIKE770]

echat11 probably help there for you

[eire13]

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

[MIKE770]

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/