CCJ and N244

[Ceejay111111]

Hi,

I am hoping someone can help me with some advice before i proceed with an N244 application to have a judgement set aside.

I recently found out that i have a CCJ, whilst signing up for a monitoring site as i could not understand why i was being rejected or quoted high interest products. I called up the county court to get the information and they provided me with the solicitor who had applied for the judgement. (The county court explained about filling out a N244 but couldn't provide any advice)

Upon calling the solicitor, i was informed that the application was due to a debt owed to Motormile Finance now called Lantern back in late 2017.

I checked through all my letters but couldn't find anything to do with this but the name rang a bell. I searched through my emails and found that they had emailed me chasing the debt in early 2017. I had then replied back to their email with a letter stating that i did not acknowledge the debt (I genuinely have no idea what its in relation to, I don't recognise the third party mentioned) and asking for a copy of the agreement. In this letter that i had attached i had provided them with my current address. I did also post a recorded letter with a postage cheque, however i no longer have the receipt for this, i have checked but can't locate it.*

When I when back to the money claims centre to ask why i did not receive any of the paperwork, they told me that the claim had been filed to an address that i had not lived in for over 10 years.

Personally i believe the debt collector had done this on purpose as they had no agreement, therefore had nothing to claim for and thus put an application to an old address. (Not that i can officially prove that)*

What are my chances of having this set a side? (As i can not provide that i had posted it) (I do have the email receipt and all the original emails stored in my mailbox)

Can you also make a counterclaim at the same time as filing the application or is that a separate application? (My car finance deal took out in 2018 is much higher than it would have been without the CCJ that i was unaware of)

Any advice is appreciated.

Thanks,

Ceejay (Apologies if this isn't the correct way to ask or the correct part of the forum, only just found out about this forum)

[Law Student 3]

Having a judgment set aside does not mean the debt automatically disappears, it simply means that you are able to put forward a defence that you did not have the opportunity to do so beforehand, in your case because they sent the documents to a previous address. I am reluctant to advise on the possibility of your application being successful on this basis but incorrect addresses have been successful in the past. Are you arguing that you owe the creditor nothing or disputing the amount you are required to pay? There will most likely be a hearing, where you will be able to put forward your defence. If you argue that you are not required to pay anything and the court agrees with you, the judgment will be cancelled.*
https://assets.publishing.service.go...-notes-eng.pdf is useful when completing the N244 form.