CCJ by default? Set Aside application notes

[Amethyst]

If you receive notification of a County Court Judgment against you that you had no prior knowledge of then you may be able to set aside the Default Judgment under CPR 13.3 to allow you to enter a defence against the claim.


The relevant Civil Procedure Rules can be read here.

First step is to contact the claimants and ask them to consent to a set aside of the judgment. If they consent the application will cost £100. If they refuse your request you will need to make a payment of £255 to the court to make the application. If you are on a low income and/or certain benefits then you may be exempt from court fees and should read the information on the EX160 form.

You will need to make your application on form N244

The N244 form will need to be accompanied by a Witness Statement, a Draft Order, and a Draft Defence.

The N244 is quite self explanatory but here is an example/guide.






You then need to attach a 'Draft Order for Directions' and a 'Witness Statement' to this application, these should be printed on separate sheets of paper.

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

DRAFT ORDER
_________________________________

IT IS ORDERED THAT:

Upon reading the defendant's application dated xxxxxxxxxxxxx

It is ordered that:

1. 
   The judgment dated [insert date of judgment] be set aside.
2. 
   The Defendant shall file and serve its Defence by 4pm on [insert date].
3. 
   The Claimant do pay the Defendant's costs of this application to the sum of £255
4. 
   The Claimant has permission to file and serve a reply if so required.

You will also need a Witness Statement (see next post)

WITNESS STATEMENT - the sections in green will need amending and an explanation of events leading up to this application made.

If you mention a letter or document you should name it as an [EXHIBIT ] and attach it to this Witness Statement. This is JUST AN EXAMPLE and you should adjust to suit your own case and circumstances. If in any doubt please post on the forum.

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on the XXXXXXXXXXXXXXX when I received a letter from the Claimant requesting payment of the judgment forthwith [EXHIBIT A]

4. My address changed in XXXXXXXXXXXXX and a redirection service was in place from XXXXXXXXXXXXXXX to XXXXXXXXXXXXXXX / I informed the Creditor that I had moved house in writing/telephone on XXXXXXXXXXXXXX. // I was admitted to hospital on XXXXXXXXXXXXXXX until XXXXXXXXXXXXXXXXX and had no knowledge of the claim until XXXXXXXXXXXXXXXXX // I was out of the country on business //

5. xxxxxxxxxxxxx further information about why you did not defend/acknowledge originally

6: On XXXXXXXXXX 2014 I made a written/telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

7. The Claimant did not respond to my request / turned down my request.

8. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

And Your DRAFT DEFENCE TO THE CLAIM (if you know what the claim was) This needs to show you have a reasonable chance of success at defending the claim against you.

IN THE XXXXXXXXXXXXXX COUNTY COURT

CLAIM No: xxxxxxx

BETWEEN:

NAME of CLAIMANT

CLAIMANT

And

YOUR NAME

DEFENDANT

__________________________________________________ ______
Draft Defence
__________________________________________________ ______

1. It is admitted that the Defendant entered into an agreement with CLAIMANT / ORIGINAL CREDITOR on XXXXXX DATE XXXXXXXXXX.

2. It is denied that the Defendant owes the Claimants £XXXX as stated in their particulars of claim.

3.

4.

5.


I believe the facts stated in this Defence are true.


Signed __________________________

Dated: ____________________________

N244_setaside_example.jpgN244_setaside_example2.jpg

[Amethyst]

Re: CCJ by default? Set Aside application notes

This is the information sent out by MoneyClaim Online (MCOL) regarding set-aside applications.



Guidance notes for submitting an N244 Application to set Judgment aside

If you have a ‘joint judgment’, you can complete one set of forms provided that you
reside at the same address. Include both of your names on the application form and
ensure that you both sign the form.

Complete form N244 as follows:

 Quote your Claim number in the relevant box on the top right of the N244.

 In questions 1 and 2 clarify who you are and how you are related to the
claim e.g. Defendant, Solicitor etc…

 In question 3 write that the order you are seeking is to ‘Set Judgment Aside’ and
provide a reason for disputing the Judgment that has been recorded.

 It is not necessary to complete questions 4 – 9

 In question 10 clarify what evidence you wish to rely on in support of your
application, if necessary providing any further details in the box provided.

 Sign the statement of truth in section 10.

 The applicant must sign the application in section 11; third party signatures
are not accepted.

If you do not comply with the above the application will be returned to you.

What happens next?
Once you have paid the fee, or the fee has been remitted, as you are an individual
your case will be transferred to your local County Court. A hearing will then be listed
for your application to be heard.

The guidelines contained within this letter are not legal advice. Court staff are not
legally trained or responsible for the outcome of your case. You may wish to seek
assistance from a solicitor or local Citizens Advice Bureau. Alternately, you may be
able to obtain advice on debt via Community Legal Advice on 0845 345 4345 or
www.communitylegaladvice.org.uk.


Guidance notes for EX160 fee remission applications
You may be eligible for a fee remission if you receive one of the benefits listed below
or if you have a low income. To apply for remission you will need to send a completed
EX160 form and supporting evidence with your N244 application. The EX160 form and
instructions on completing it are available as part of booklet EX160A, which can be
downloaded from the Court FormFinder at
http://www.justice.gov.uk/global/forms/hmcts/index.htm.

If you do not have internet access, please contact us and we will post you a booklet.
Please read the booklet carefully before completing the form. Ensure you
enclose all necessary evidence in support of your application for fee remission.
All evidence must be original, photocopies cannot be accepted. If you require
the evidence to be returned to you, please enclose a covering letter requesting
this. Incomplete / incorrectly completed forms or forms with incorrect or
missing evidence cannot be processed and will be returned to you.

If you are in receipt of benefits

You will need to provide evidence from the benefit provider that you are currently
receiving benefits. Any of the benefits below automatically entitles you to a full
remission:

 Income Support
 Income-Based Job Seeker’s Allowance
 Income-related Employment and Support Allowance

Your award letter(s) for any of the above three benefits must be dated within the last
calendar month.

 State Pension Guarantee Credit
 Working Tax Credit with no element of Child Tax Credit

Your evidence letter(s) for either of the above two benefits must be dated within the
last year and refer to the current financial year (April – March).

You must ensure that you enclose all the pages of your benefit award letter showing
your full name and address. The award letter must be original or your application
will be refused.

If you are not in receipt of any of the listed benefits but still cannot afford the fee
You may still be able to apply for help with the fee on the basis of low income. Please
see pages 7 to 14 of the EX160A booklet for more information. If you are living with a
partner, please ensure that you state both of your income and expenditure details
when completing the EX160.

[N93]

Re: CCJ by default? Set Aside application notes

I have not received a county court judgements. I just need extra time to be able to request the information I could not possibly have as proof. which form do I need for extra time?.

[Diana M]

Re: CCJ by default? Set Aside application notes

I have not received a county court judgements. I just need extra time to be able to request the information I could not possibly have as proof. which form do I need for extra time?.

It seems you may have posted on the wrong thread.

Your thread is here >

http://legalbeagles.info/forums/show...165#post714165

Di

[issie]

Re: CCJ by default? Set Aside application notes

Hi
The examples you have attached to your post are fantastic, thank you so much!!!