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Default over 6 years old and just recieved CCJ letters

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  • #16
    Re: Default over 6 years old and just recieved CCJ letters

    Originally posted by treborh2812 View Post
    It's showing on my Experian credit file already.
    I followed the above but I didn't know I had to put in a defence or how to?
    I sent a letter to DW legal about being statute barred - they responded saying they will be in touch when they have evidence it isn't but I haven't had anything back from them.
    What do I need to do and how? Apologies but I'm a complete noob to this.
    youll need to make an application to set the judgment aside within 14 days.

    Comment


    • #17
      Re: Default over 6 years old and just recieved CCJ letters

      Thank you for advising I need to make an application to set the judgement aside but is there anyone who can advise me what this is and what I should be putting in there?
      The CCJ was passed on the 16th March and is already showing on my credit file.
      DW Legal haven't replied about the statute barred since my letter top them 23/02 and their reply a week later saying they would investigate.
      I'm extremely nervous as this could seriously affect my work and plans for the future - yet I don't have 2k to hand to pay it off.

      Comment


      • #18
        Re: Default over 6 years old and just recieved CCJ letters

        OK To make an application to set aside the default judgment, you will need to fill in form N244 and unfortunately pay a £255 fee to submit this form to the court.

        Basically, this is a classic Lowell trick, they say they are investigating which lulls people into a false sense of security so they don't get a defence submitted and wind up with a judgment in default. No matter what a defence needs to be submitted even if it is pretty basic.

        The application basically sets out that you were complying with all requirements and misunderstood their letter as a 'suspension' of activity. Stress that you are a Litigant in Person. Also you must explain the time barred status because to get a set aside you will need to demonstrate that you had a prospect of succeeding in the claim. You will get the fee back from Lowell....I'm sure the court will be painfully familiar with the tricks Lowell pull.
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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        • #19
          Re: Default over 6 years old and just recieved CCJ letters

          Here is the set aside guide:

          http://www.legalbeagles.info/forums/...lication-notes
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

          Comment


          • #20
            Re: Default over 6 years old and just recieved CCJ letters

            Originally posted by Celestine View Post
            Thank you - in the defence do I state that I believe this to be statute barred and explain about DW legal are investigating this?

            Comment


            • #21
              Re: Default over 6 years old and just recieved CCJ letters

              As you will see in post 1 of the link I sent you, you need to prepare a witness statement setting out the sequence of events. A draft order to set out what you want and when. (new defence filing date and judgment set aside) AND a draft defence which will demonstrate you had a reasonable chance of defending the claim. So lots of work to do quickly but once complete, will set you up nicely to handle the rest of the process.

              Let us know if you need any help drafting those documents, post up your versions here and we can tweak if need be.
              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

              I am proud to have co-founded LegalBeagles in 2007

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

              Comment


              • #22
                Re: Default over 6 years old and just recieved CCJ letters

                Originally posted by Celestine View Post
                As you will see in post 1 of the link I sent you, you need to prepare a witness statement setting out the sequence of events. A draft order to set out what you want and when. (new defence filing date and judgment set aside) AND a draft defence which will demonstrate you had a reasonable chance of defending the claim. So lots of work to do quickly but once complete, will set you up nicely to handle the rest of the process.

                Let us know if you need any help drafting those documents, post up your versions here and we can tweak if need be.
                Thank you again for the help - I believe i've attached a document showing all the 3 documents I need to submit plus one exhibit (as I am digging out the other 2)

                Could you look over this for me and advise next process and can this be done via the internet.

                I've left out a few dates as i need the letters and personal details
                Attached Files

                Comment


                • #23
                  Re: Default over 6 years old and just recieved CCJ letters

                  Hi Guys,

                  Sorry to pester but could someone take a look at the attached doc above - I need to file it tomorrow and would really appreciate your thoughts.

                  Thanks

                  Comment


                  • #24
                    Re: Default over 6 years old and just recieved CCJ letters

                    Sorry I think everyone went into an Easter Egg frenzy...it's been really quiet here over Easter. I'll take a look and feed back x
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                    I am proud to have co-founded LegalBeagles in 2007

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                    Comment


                    • #25
                      Re: Default over 6 years old and just recieved CCJ letters

                      OK, I've unapproved your attachment as your real name is showing?

                      I need to do a bit of work on these as they're a bit too brief and may harm your chances of the court granting the set aside. We'll get them ship shape today so don't panic.
                      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                      I am proud to have co-founded LegalBeagles in 2007

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                      Comment


                      • #26
                        Re: Default over 6 years old and just recieved CCJ letters

                        Originally posted by Celestine View Post
                        OK, I've unapproved your attachment as your real name is showing?

                        I need to do a bit of work on these as they're a bit too brief and may harm your chances of the court granting the set aside. We'll get them ship shape today so don't panic.
                        Thank you so much and thanks for saving my name as well - I thought I'd done all that!

                        Comment


                        • #27
                          Re: Default over 6 years old and just recieved CCJ letters

                          Originally posted by treborh2812 View Post
                          Thank you so much and thanks for saving my name as well - I thought I'd done all that!

                          Well it's quite a distinctive name! Any errm high profile connections?!

                          Just having a coffee and blueberry muffin while I look at your defence particularly.
                          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                          I am proud to have co-founded LegalBeagles in 2007

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                          Comment


                          • #28
                            Re: Default over 6 years old and just recieved CCJ letters

                            I cant believe that Lowlifes have even had the audacity to apply for a CCJ without first having got through the due process. Pond life..

                            Comment


                            • #29
                              Re: Default over 6 years old and just recieved CCJ letters

                              Originally posted by Celestine View Post
                              Well it's quite a distinctive name! Any errm high profile connections?!

                              Just having a coffee and blueberry muffin while I look at your defence particularly.
                              If I can get this strike off my record I will supply you with plenty of blueberry muffins!!!!

                              If I had a high profile connection like the one I assume you mean I'd of got them to pay it off haha! Sadly I don't.... that or they disowned me and owe lots of birthday presents.

                              One last question - I'm pretty certain it is statute barred but if it isn't are we still able to get the CCJ off and payment plan in place?

                              Thank you for your help again!

                              Comment


                              • #30
                                Re: Default over 6 years old and just recieved CCJ letters

                                OK, I'm doing a rewrite of the defence. To do this properly, I'd like a little bit of background.
                                This was an overdraft account with Halifax.
                                What caused you to get into difficulties. (life events?) and how did the bank respond. Did they add lots of bank charges? Any idea how much roughly?

                                I just want to set the scene of why you ceased payment in 2007-8.

                                PM me if you'd prefer to keep reasons private x
                                "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                                I am proud to have co-founded LegalBeagles in 2007

                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                                If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                                Comment

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