Just spotted a CCJ on my credit file from 2020 - the process of getting it set aside
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Hi Echat11 - I have uploaded the redacted Electoral & Address files, the electoral file is my current address, the linked address file is where they sent the CCJ - it also states that Northumbrian water had the same address ( in 2019 ) as a LINKED ADDRESS for me, do you think this could cause an issue? for the record I dont have any defaults or CCJ's with Northumbrian Water, I have adjusted the N244 apllication and added all your suggestions
Many thanks in advance
Darren.
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NO 3. a) Issued against me on XXXXXX (add date), on the basis........................
b) Could they have checked the Electoral Roll in 2020? Add that too, if that was the case.
c) Spelling of 'opportunity'.
d) Change 'all paperwork' to Court Claim
NO 5, I don't thing it needs a hearing. As you have evidence if was sent incorrectly i.e. credit file etc.
NO 6, leave blank.
NO 7, leave blank
NO 8, leave blank
NO 10, tick 'the evidence set out below'
What evidence are you relying for the Set a Side?
Summarize the two sentences below, that is what you are relying on to get the set a side. That should be sufficient.
I suggest you attach a screenshot of your address on your credit file to the claim form.
I suggest you attach a screenshot of your address on the Electoral Roll to the claim form, if you were on there at the time that the Claimant could have checked that.
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Hi Echat11 - I have uploaded a redacted version ( I think it is OK ) see what you think
Many thanks in advance
Darren
n244-eng.pdf
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Hi everyone - can one of you kind people go over my N224 to make sure it is correct before I send it off?
Regards
Darren
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In essence, nothing has changed, you have to pay the full fee for the set a side. Make sure you fill in the correct form, N244.
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Well as I expected they have refused my request for them to set asside the CCJ - their reply is as follows:
"We note both your emails below for the above account.
Please note we will not be looking to set aside the Judgment at this stage, we have entered this correctly. As per the Civil Procedure Rules, we are able to enter Judgment at the last known address. Should you wish to apply through the Court, we will respond to any Court documents accordingly. You may wish to seek independent legal advice.
We note your Subject Access Request and have passed this onto the relevant department, they will be in contact in due course.
The above account is a former account with Shop Direct – Very. Due to non-payment, a warrant as now been issued against you on 8 December 2021 on the terms of £285.25 to be paid in full.
If you are unable to pay this in full and wish to set an arrangement on your account, please confirm your offer of payment, preferred method of payment and the date on which you will be making payments. Methods are listed below:"
So am I correct in assuming I now need to lodge the N224 form at Northampton County Court?
Many thanks in Advance
Darren
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Originally posted by DarrenBoro View PostCORRECTION
Dear Sir or Madam
This letter is a request for your consent to set aside a county court judgement issued by Northampton County Court Business Centre on: October 2020 - REF: XXXXXX
All information and paperwork that was provided to the court - which resulted in a County Court judgement against me was sent to an address I do not live at, have never lived at, and have never been registered at - the address in question is:XXXXXX
My credit file shows clearly shows that from 2019 my registered address was:XXXXXX yet all paperwork relating to the County Court Judgement was sent to an address where I do not live, and because of this I was both unaware and unable to defend the allegations put forth to the court in October 2020
Taking the above into account I would ask that you agree to set aside the order.
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CORRECTION
Dear Sir or Madam
This letter is a request for your consent to set aside a county court judgement issued by Northampton County Court Business Centre on: October 2020 - REF: XXXXXX
All information and paperwork that was provided to the court - which resulted in a County Court judgement against me was sent to an address I do not live at, have never lived at, and have never been registered at - the address in question is:XXXXXX
My credit file shows clearly shows that from 2019 my registered address was:XXXXXX yet all paperwork relating to the County Court Judgement was sent to an address where I do not live, and because of this I was both unaware and unable to defend the allegations put forth to the court in October 2020
Taking the above into account I would ask that you agree to set aside the order.
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HOW ABOUT THIS - ANY BETTER?
Dear Sir or Madam
This letter is a request for your consent to set aside a county court judgement issued by Northampton County Court Business Centre on: October 2020 - REF: XXXXXX
All information and paperwork that was provided to the court - which resulted in a County Court judgement against me was sent to an address I have not lived, have never lived, and have never been registered at - the address in question is:XXXXXX
My credit file shows clearly shows that from 2019 my registered address was:XXXXXXyet all paperwork relating to the County Court Judgement was sent to an address where I have never lived, and because of this I was both unaware and unable to defend the allegations put forth to the court in October 2020
Taking the above into account I would ask that you agree to set aside the order.
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Originally posted by DarrenBoro View PostDOES THIS LOOK OK - OR IS IT TO HARSH?
Dear Sir or Madam
This letter is a formal request for your consent to set aside a county court judgement issued by Northampton County Court Business Centre on: October 2020 - REF: xxxxxxx
The information that you provided to the court - which resulted in a subsequent County Court judgement against me is incorrect.
I have never lived at the address known as: xxxxxx, nor have I ever been registered at the address known as: xxxxxx nor is: xxxxxx a previous address of mine as the information registered on my credit file and of which would have been available to you clearly shows.
My credit file also shows that that from 2019 my registered address was: xxxxxx, yet all paperwork relating to the County Court Judgement was sent to an address where I have never lived, and because of your lack of due diligence I was denied the right to defend myself in relation to the allegations you put forth to the court in October 2020, which is clearly unacceptable
Yourst thankfully
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DOES THIS LOOK OK - OR IS IT TO HARSH?
Dear Sir or Madam
This letter is a formal request for your consent to set aside a county court judgement issued by Northampton County Court Business Centre on: October 2020 - REF: xxxxxxx
The information that you provided to the court - which resulted in a subsequent County Court judgement against me is incorrect.
I have never lived at the address known as: xxxxxx, nor have I ever been registered at the address known as: xxxxxx nor is: xxxxxx a previous address of mine as the information registered on my credit file and of which would have been available to you clearly shows.
My credit file also shows that that from 2019 my registered address was: xxxxxx, yet all paperwork relating to the County Court Judgement was sent to an address where I have never lived, and because of your lack of due diligence I was denied the right to defend myself in relation to the allegations you put forth to the court in October 2020, which is clearly unacceptable
Yourst thankfully
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Brilliant - I have there Email address so will do them both together - also I am going to send an SAR ( If this can also be done via Email & Letter to a P.O Box - at the same time - on a final note ( until they get back to me ) do I mention anything about the debt? EG: I fully dispute the debt/s or do I just stick to asking them to set aside based on the court paperwork was sent to an address that I have never lived at, even though my current address has been in the public domain since 2019
Many thanks in advance
Darren.
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