could it be fake courts documents and CCA

[astillacharm]

I have gotten very confused as to if this is legit or not. in January i received a county court claim form from Northampton county court, i responded and opted for the extra 28 days and said i was going to defend myself. the i asked the Creditor (lowell/Bryan Carter) for my CCA agreement within 12 days. i didn't hear nothing till 2 weeks ago where they sent me a photo copy of a CCA that did not have my signature on, they have filled in my details and my address........is that even allowed? last week i received judgment for claimant (in default) and it says i have been ordered to pay £50 a month (which i cannot afford).
what do i do now? none of this seems quite legit!!!!
and on the letter is says i have to pay to for an application form if i believe judgment has been entered wrongly in default.

[ncf355]

Re: could it be fake courts documents and CCA

Hi,

So having acknowledged and gained the 28 days, did you file any Defence?

If you failed to enter a Defence to the claim, it's going to be very hard to now get this set aside

:tinysmile_hmm_t2:

Can you scan and post up the CCA they sent you, minus any personal details?

[FlamingParrot]

Re: could it be fake courts documents and CCA

I have gotten very confused as to if this is legit or not. in January i received a county court claim form from Northampton county court, i responded and opted for the extra 28 days and said i was going to defend myself. the i asked the Creditor (lowell/Bryan Carter) for my CCA agreement within 12 days. i didn't hear nothing till 2 weeks ago where they sent me a photo copy of a CCA that did not have my signature on, they have filled in my details and my address........is that even allowed? last week i received judgment for claimant (in default)

If you said you were going to defend but you didn't submit a defence within the allowed timescale (a total of 33 days from date of claim), then the claimant can apply for default judgment. Lack of compliance with a CCA request can be used in your defence but you'd still have to submit one.

and it says i have been ordered to pay £50 a month (which i cannot afford).
what do i do now? none of this seems quite legit!!!!

It all sounds quite legit to me, that's how the process works. If you can't afford the amount set by the court, you can apply to vary the terms of the judgment. As the judgment was made without a hearing, you can apply for a redetermination, which carries no fee. You need to apply within 16 days of the date of judgment.

and on the letter is says i have to pay to for an application form if i believe judgment has been entered wrongly in default.

You may be able to apply to have the judgment set aside but you'd need a viable defence as well as a good reason for not having submitted a defence, for example, if you were ill, working abroad, etc. https://www.nationaldebtline.org/EW/...t/Default.aspx

Basically you have two options:

1. Live with the CCJ and apply for redetermination, you'd need to write a letter and submit an income and expenditure form showing how much you can afford to pay; or
2. Apply to have the judgment set aside. You'll need an N244 and valid arguments as noted on the link above.

Note that if you don't apply for redetermination within 16 days, you will need to apply for a variation of the order on an N245, for which a fee is payable.