CCJ via Kearns

[Negligent]

I was away and never saw all communication regarding a CCJ until I passed all the deadlines. I didn’t speak to Kearns in April. Last deadline to avoid a CCJ was September. I did speak to Kearns early November. After doing some research on how to get it set aside I found I could ask Kearns for consent. I have supporting documents to show I was away. I didn’t know I needed to inform them where I was and quite honestly I didn’t intend to be away for as long as I was. It was family issues.
Anyway they said they don’t do consents and are looking to return my file to the client.
I don’t know what to do now.
Do I get a CCJ removal company to help me or do it myself. I’m a bit worried about doing it myself because I don’t know the tricks to ensure I get it set aside and refreshed. Also, if the courts send a hearing date which I can’t make due to illness in the family.
Has anyone successfully got consent from Kearns?

It may appear that I’m dragging my feet but I have been researching what to do and had sleepless nights. Whilst also trying to look after family issues.
looking to pay the full debt. I should have just settled it a long time ago.

[echat11]

Hi NEGLIGENT

Welcome to LB

Here's information on setting a side the CCJ.

https://legalbeagles.info/library/ho...-judgment-ccj/

[Negligent]

Hello, thankyou. I have read through the link and I have been collating all my supporting documents trying to make my case "more than arguable". My delay in attempting to get the case aside does not look good. Amongst all the family issues, I needed to spend time doing research.

I have questions,

I want to provide my fathers medical records as supporting documentation but I want to redact his personal information. Name, age, etc. Will this count as a negative towards me?

Do you have a template to complete the evidence section of the N244? I have partially completed it but want to make sure the evidence information is solid which is where I got stuck.

So I have to send N244 with Witness Statement, a Draft Order, and a Draft Defence and complete the Evidence section. Can I send all the documentation before the claimant confirms whether they agree to consent or not to show I am trying or will this cause court procedure issues?

Do you have any public precedent CCJ removal cases which I can add into the evidence section?

I will send an email to the claimant asking for consent although I have already asked over the phone and they said they don't provide consents but I know they do... So if I send it in writing, they might change their minds once they have my supporting information. I really do need them to consent as I am worried about my availability for a hearing court date which I have tried to explain to them.

For the draft order, I can't remember the exact details of the debt since it was so long ago... so I will go with what they listed on the CCJ.

I noticed that I did not receive a letter from the claimant to advise they will be seeking a CCJ. Is this normal? I would have thought they should have informed me of the possibility of a CCJ, not that I would have seen it but that is besides the point. I had absolutely no idea this was going on as I would never have allowed it to get to this point.

This has taken hours of research.

[Negligent]

Another question, was I supposed to receive a hearing date with the original CCJ notification. I can only see a claim pack.

[Negligent]

Sorry, another question.
If I log into moneyclaim now will by claim still be online. Letter was dated July

[Negligent]

I have just noticed that I can apply online via MoneyClaim. Is this a good idea as so far everything I read said send via the post?

[echat11]

Hello, thankyou. I have read through the link and I have been collating all my supporting documents trying to make my case "more than arguable". My delay in attempting to get the case aside does not look good. Amongst all the family issues, I needed to spend time doing research.

I have questions,

I want to provide my fathers medical records as supporting documentation but I want to redact his personal information. Name, age, etc. Will this count as a negative towards me?

Do you have a template to complete the evidence section of the N244? I have partially completed it but want to make sure the evidence information is solid which is where I got stuck.

So I have to send N244 with Witness Statement, a Draft Order, and a Draft Defence and complete the Evidence section. Can I send all the documentation before the claimant confirms whether they agree to consent or not to show I am trying or will this cause court procedure issues?

Do you have any public precedent CCJ removal cases which I can add into the evidence section?

I will send an email to the claimant asking for consent although I have already asked over the phone and they said they don't provide consents but I know they do... So if I send it in writing, they might change their minds once they have my supporting information. I really do need them to consent as I am worried about my availability for a hearing court date which I have tried to explain to them.

For the draft order, I can't remember the exact details of the debt since it was so long ago... so I will go with what they listed on the CCJ.

I noticed that I did not receive a letter from the claimant to advise they will be seeking a CCJ. Is this normal? I would have thought they should have informed me of the possibility of a CCJ, not that I would have seen it but that is besides the point. I had absolutely no idea this was going on as I would never have allowed it to get to this point.

This has taken hours of research.

a) I want to provide my fathers medical records as supporting documentation but I want to redact his personal information. Name, age, etc. Will this count as a negative towards me?

How will the Court know you were dealing with your father's health issues? if you redact the link you have with him, kind of defeats the purpose.

b) Do you have a template to complete the evidence section of the N244? I have partially completed it but want to make sure the evidence information is solid which is where I got stuck.

Posted for information only - https://www.masonbullock.co.uk/n244-...side-judgment/

c) So I have to send N244 with Witness Statement, a Draft Order, and a Draft Defence and complete the Evidence section. Can I send all the documentation before the claimant confirms whether they agree to consent or not to show I am trying or will this cause court procedure issues?

No, get the consent first, if will cause issues, the fee is 'lower' if you obtain consent.

d) Do you have any public precedent CCJ removal cases which I can add into the evidence section?

I'm not sure it's going to help you here, the Judgement will be on facts you give the Court.

e) I will send an email to the claimant asking for consent although I have already asked over the phone and they said they don't provide consents but I know they do... So if I send it in writing, they might change their minds once they have my supporting information. I really do need them to consent as I am worried about my availability for a hearing court date which I have tried to explain to them.

Good idea.

f) For the draft order, I can't remember the exact details of the debt since it was so long ago... so I will go with what they listed on the CCJ.

Good idea.

g) I noticed that I did not receive a letter from the claimant to advise they will be seeking a CCJ. Is this normal? I would have thought they should have informed me of the possibility of a CCJ, not that I would have seen it but that is besides the point. I had absolutely no idea this was going on as I would never have allowed it to get to this point.

That something you can put in your Defence, that they didn't follow Pre-Action Protocols.

This has taken hours of research.

[echat11]

Another question, was I supposed to receive a hearing date with the original CCJ notification. I can only see a claim pack.

You would have received a Court Claim, you should have filed a Defence, then there might have been Mediation, then each party to file Directions Questionnaires, then Court Orders / instructions, then Witness Statement and finally a Hearing.

[echat11]

Sorry, another question.
If I log into moneyclaim now will by claim still be online. Letter was dated July

That's kind of irrelevant, as Judgement has been made on the case.

[echat11]

I have just noticed that I can apply online via MoneyClaim. Is this a good idea as so far everything I read said send via the post?

No, it's not a good idea. Send by post, get Proof of Postage.

[Negligent]

to ECHAT11 - Thank you for all answers. Greatly appreciated. I think I now have it together. I seem to find new information every time I try to complete the process. I have now completed the Evidence section well almost. I have printed 3 copies of all supporting documentation. I now need to do do the Witness Statement.

To confirm on the N244 form - Do I tick the Statement of case box?? I researched that all the paperwork I am sending seems to be the Statement of Case. I am correct in my understanding

With regards to redacting the information - I was doing it to protect his privacy also wondering if the claimants might call the medical profession to confirm. But if the court requests it then I will provide.

Hopefully, one last question, do I need to provide a draft defence if I am not contesting the particulars of the claim?

[Negligent]

Reading all the information surrounding these claims management companies is an exercise I have wanted to do for ages.

Upon reading the claimant particulars in the CCJ, it says I opened a credit card on or around 11/08/1997 and defaulted in 2009. So they have no signed proof that I did open an account...
PRA Group (UK) Limited v Diana Mayhew 2017

It went to Intrum but they mention no date and legally assigned to C effective on 05/01/2023. Who is C effective? It is not the Claimants name, must be a legal reference but I do not see C and D reference anywhere in the Claim Form.

C effective then added interest but they have stopped adding interest now.
It also says C serving a Notice of Assignment upon D thereafter so I am referred to as D?

[echat11]

to ECHAT11 - Thank you for all answers. Greatly appreciated. I think I now have it together. I seem to find new information every time I try to complete the process. I have now completed the Evidence section well almost. I have printed 3 copies of all supporting documentation. I now need to do do the Witness Statement.

To confirm on the N244 form - Do I tick the Statement of case box?? I researched that all the paperwork I am sending seems to be the Statement of Case. I am correct in my understanding

With regards to redacting the information - I was doing it to protect his privacy also wondering if the claimants might call the medical profession to confirm. But if the court requests it then I will provide.

Hopefully, one last question, do I need to provide a draft defence if I am not contesting the particulars of the claim?

a) to ECHAT11 - Thank you for all answers. Greatly appreciated. I think I now have it together. I seem to find new information every time I try to complete the process. I have now completed the Evidence section well almost. I have printed 3 copies of all supporting documentation. I now need to do do the Witness Statement.

https://legalbeagles.info/forums/forum/library/guides-templates/being-taken-to-court/61327-example-witness-statement/

b) To confirm on the N244 form - Do I tick the Statement of case box?? I researched that all the paperwork I am sending seems to be the Statement of Case. I am correct in my understanding

That's incorrect, if you were lodging a claim against someone, then you would Particular of Claim (the Statement of Case), so don't tick that.

c) With regards to redacting the information - I was doing it to protect his privacy also wondering if the claimants might call the medical profession to confirm. But if the court requests it then I will provide.

Redact it, see how it goes. The Claimants might want to follow up on the information you are providing.

d) Hopefully, one last question, do I need to provide a draft defence if I am not contesting the particulars of the claim?

If your admitting the debt, then there is no point in filing a Draft Defence. Setting a side is 'risky', even though Kearns might give 'consent', doesn't mean the Court will decide in your favour regards the 'set a side'. What you need to do is make sure you draft the 'consent' order correctly, so don't agree or make payments to the Claimant until the Court has agreed to the draft 'consent' order.

[Negligent]

To echat11. Thank you very much for everything.