pls help hearing for judgement set aside

[fluffy-cloud]

hello, please help im realy scared

i recieved a ccj against me (my name t/a a company i had) sent to the address of the company. i am no longer trading as a sole trader since 2006 however the company is now a limited company and i am the director, i guess i am liable for the debt because it is involving business activity during the time i was a sole trader and now the company is a limited company.

i read a few threads on this forum and desided to ask for it to be set aside on the basis that

1. i did not have a signed credit agreement with the claiment
2. the claiment did not send me a letter before court action

(the debt is from 2005-2006 and is £8000)

the debt was by no means for any purchase for my benift but was for business purposes only.

The court has set a date for the hearing at a court 350 miles away from me.

I need to attend because im thinking that it will look very bad on me if i dont but im so worried i cannot sleep. I dont have £8000 to pay it and if they would accept an installment to pay then i would do this im thinking about £200 per month (i have 3 children so i dont have much extra cash) is this a reasonable amount? i really dont want to have debt collectors at my door.

the judgement is not on my personal credit report because the claiment only had the business address on file so its not linked to my personal credit report but im worried sick.

should i just admit to the debt even though there was never a credit agreement in place and ask for an arrangement or should I go along to see what the court says?

can you tell me if the court will have alot of people? who will be there? what do i need to do and bring? also can i ask the court for the hearing to be held nearer me? (i just dont have anyone to look after my childrens as its school holidays - for me to travel 350 miles)
or can i write to the court instead?

please help me

[manchester1]

Hi Fluffy Cloud, I know it all seems very daunting, but pls do not panic, i know its easy to say but i am talking from personal experiance so stay positive for the fight that you might have on your hand. Can you put up a bit more info regrding the debt and also the ccj(was it issued recently?) if yes it will help , some judges are loathed to set aside judgements that were issued some time ago. You can scan yor claim form and judgement onto this site which will help all to give you the specific advice you will need.

Manc1

[aloysiush]

What is the debt type? card, loan, overdraft etc. Who are the solicitors etc. I need more info. This in addition to Manchester 1 questions will help.

[fluffy-cloud]

Originally Posted by manchester1

Hi Fluffy Cloud, I know it all seems very daunting, but pls do not panic, i know its easy to say but i am talking from personal experiance so stay positive for the fight that you might have on your hand. Can you put up a bit more info regrding the debt and also the ccj(was it issued recently?) if yes it will help , some judges are loathed to set aside judgements that were issued some time ago. You can scan yor claim form and judgement onto this site which will help all to give you the specific advice you will need.

Manc1

hello, thankyou for your response im very grateful,

the ccj was issued only 3 weeks ago although the debt is from 2005-2006 (freight costs to dhl) was all from when i was a sole trader so i know im liable to pay it but i did not sign any credit agreement (as far as i can remember) the court is staines country court, ive asked it to be set aside on the basis that i did not recieve any notification of court action and i had no credit agreement.
my form n244 was accepted and a date for the hearing is in 3 weeks (staines court) over 300 miles away. would i need to attend? can it be held in a local court? or can i write the court a letter instead? any advice would be great because im so so worried about this
thank you

[fluffy-cloud]

Originally Posted by aloysiush

What is the debt type? card, loan, overdraft etc. Who are the solicitors etc. I need more info. This in addition to Manchester 1 questions will help.

hello, thankyou also for your reply, it was freight (for delivering goods) bills - i cannot imagine why it would be all that amount though but thats what they say, i knew i was owe them money but nowhere near that amount:o

i know being a sole trader i am liable (even though im not trading as a sole trader no more) the thing is im now the director of a limited company which is at the same business address and i realy dont want collectors here. i dont have much extra income after my day to day living but if i was allowed to pay it up without having a debt collector banging on my door i could pay £200 per month. but now im worried as i asked for the jugement to be set aside after reading other posts on the forum, what if the judge says it cannot be set aside would they be prepared to accept a payment of £200 per month or would they demand it all at once (i dont have it all to pay in one go) would they make me sell my house im so worried about this.

thank you for any advice

[aloysiush]

Mmm..

This sounds like a service contract. Nothing to do with credit agreement and certainly not CCA 1974.

You will need to attend and rely upon defective/no service of the court docs. However if they served at last known address (probably the business address you describe) it is good service (CPR Pt.6). You may have a DJ who gives you a break!

It does not sound as though you have a defence, in any event. You admit you owe, its a question of how much?

Perhaps you should negotiate a settlement, conditional upon the judgment being set aside - however, if I were acting for the claimant, I would not entertain you. Sorry this do not really provide you with a solution. It may be worth spending the travel cost on a solicitor instead. Ypou have some difficult decisions to make. Good luck.

[caro]

As this is a business debt it is not the same as a personal debt, which most of the cases on this site refer to. You risk substantial costs if you fail to get this set aside, and the reasons you mention above are probably not strong enough reasons to get it.

For your own protection against losing more money I think professional legal advice should be considered. At the least I think you should try and negotiate a settlement

[PriorityOne]

If charges/fees have been added (which you impy they have), then a reduced settlement could be reached to reflect this, so to speak.

Send all correspondence by rec. delivery and get any F&F in writing... If they refuse to entertain you, as mentioned above... you will then have a paper trail of it.... and may be able to go ahead with a set aside, based upon the inflated charges that have been added as part of the CCJ.