CCJ issued-need some help please

[thephoenix]

Re: CCJ issued-need some help please

I'm sure a CCJ can only be issued if the correct procedures where followed by the creditor.
Just wondering whether it's worth mentioning the default notice or lack of proof that it was sent etc

if a default notice was never sent by HFC then the issue of CCJ would be void

Whats the chances of getting the judgment set aside and request HFC confirm the default or request that all documents be submitted to the court and defendant to ensure the enforceability of the CCJ.

ANY THOUGHTS????

[sarafaye]

Re: CCJ issued-need some help please

Thanks the phoenix,
This is the very reason I asked for all documentation under CPR which they completely ignored. I'm sure there must be a procedure prior to litigation and my understanding is that it is a default notice or some other document.

thanks for your input. sara xx

[thephoenix]

Re: CCJ issued-need some help please

Just a little something for you




What to do if you disagree with a CCJ

If you have a genuine reason to disagree with a CCJ you can ask the court not to apply it straight away ('set it aside'). You may have to pay a fee for this. If you don't have a genuine reason, your application could be treated as wasting court time or even perjury - serious offences that can incur fines and prison sentences.
If the judgment is set aside, things go back to the start of the claim. You have another chance to reply to the Claim Form, and explain your situation. The CCJ is taken off the County Court Register until a new judgment is made.




http://www.direct.gov.uk/en/MoneyTax...cy/DG_10013083

[sarafaye]

Re: CCJ issued-need some help please

Thank you again. Great info. I believe I do have good reason so I may proceed on a 'set aside'
application. All I have ever received is my credit agreement and list of all payments made. I'll see what route is best advised. Looks like I need to do it within 14 days. sara.

[sarafaye]

Re: CCJ issued-need some help please

hello
Have seen on the court service website 2 forms.N244 and N245

Which form do I need to fill in please?

Is the letter o-k to send to the court?

Do I also send anything to the solicitors?

Oh dear,what a lot of questions. sorry.

Thank you for your help. sara

[sarafaye]

Re: CCJ issued-need some help please

hello
Does anyone have any thoughts on the above? Thank you,sara

[Amethyst]

Re: CCJ issued-need some help please

Hi sara xxx reading

Yes your letter includes all the important points.


now you have to decide what you hope to acheive.

did you say if you own your own home ?

Basically the bank are trying to secure the loan to ensure it is repaid. you need to get repayments to an amount you can afford.

Even if you gt the ccj overturned because of the lack of default notice - it won't be written off and the process will just start over. So I would just go with the redetermination and get the payments to an amount you can afford. If you were paying £5 a month and had agreed this with them and they have been accepting it for a perid of time, then it is very likely the court would fix payments at that amount, possibly putting a charge on your property (if you have it) to secure the loan for them.

A set aside opens you to costs if you don't get it. And really just holds off the inevitable.

Sorry if my view isnt that of others - I want what is simplest and most affordable for you and entering into lengthy court battles I don't feel is in your best interests,



Re the forms - you need the N244 for the applicatin for redetermination - send the letter to the court first they may accept on that - if not they will just ask you to submit the N244 which you can then do.

And ys copy the letter to the solictors in the interests of politeness - but don't hold your breath for a response. If you need to do the applicatin after the judge has reveiwed your letter then we will help you put things in more formal terms.

[Amy]

Re: CCJ issued-need some help please

Sara, if you want to apply for redetermination you have to use the N245 which is an application for suspension of a warrant and/or a variation of payment installments.

Is that what you wanted clarification of?

[Amethyst]

Re: CCJ issued-need some help please

Oh and sara... yu need to include your financial statement with the letter - I'll just find out what form that is best to go on - I used my CCCS one for mine.

[Amethyst]

Re: CCJ issued-need some help please

http://www.hmcourts-service.gov.uk/c...s/n9a_0406.pdf

Use that form for your financial statement

[sarafaye]

Re: CCJ issued-need some help please

hello amethyst and amy
Thank you both very much. It's a lot clearer for me now. I shall be using n245 to request the repayments be set at £5.00 per month.
thank you all so much. sara

[Amethyst]

Re: CCJ issued-need some help please

Perfect xxxxx You wrote a good letter btw.

[sarafaye]

Re: CCJ issued-need some help please

hello,
I sent off the letter to the Court Manager with N245, I also sent copies to HFC/Restons. It's been such a relief this past couple of days, I can't thank you all enough for the time and good guidance.
I will let you know when I get a reply from anyone.

Thank you all again. sara xx

[Amethyst]

Re: CCJ issued-need some help please

Great stuff, fingers crossed for you hunny xx

[thephoenix]

Re: CCJ issued-need some help please

hello,
I sent off the letter to the Court Manager with N245, I also sent copies to HFC/Restons. It's been such a relief this past couple of days, I can't thank you all enough for the time and good guidance.
I will let you know when I get a reply from anyone.

Thank you all again. sara xx

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