CCJ set aside - what to put in N244

cw412 · 31st July 2008, 01:06

Hi all

I wondered if anybody has any advice on the following:

My partner had a Cap One card which he defaulted on. This we believe was eventually sold to Capquest although we never heard from Cap One but kept get very harassing calls from Capquest. In September 2007, he asked Capquest for statements to claim charges to be taken off the debt. They said they would send them but we had no chance of paying any less than owed.

We then heard nothing else until last week when we received a CCJ default notice for Capquest.

At the end of last week, we received a very agressive call from Capquest demanding the money now and stating that it has already moved to enforcement and they will ask for a charging order. They said that statements were sent last September but could not tell us when or where to. They will now order statements again. We have also sent them a CCA request.

My partner wants to ask for the CCJ to be set aside so that we can make a part defence. We never received the claim form. I check the post every day and it is all logged on my computer.

How can we word the N244 to show the judge we have a defence?

My partner suffers from Chonic Fatigue Syndrome and depression, I from depression and anxiety and this is getting on top of us.

Any help would be appreciated.

old_andrew2007 · 31st July 2008, 22:34

cw412 · 1st August 2008, 12:32

can anybody help me with this one? I would like to get the N244 sent in to the court soon

andyorch · 1st August 2008, 12:39

Hi CW

You should find all the information you need here:-

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

the court fee is £75 by the way!

Regards
Andy

sequenci · 1st August 2008, 18:32

Hello there, you may want to actualy give National Debtline a call to help you through it all. 0808 808 4000.

Do you have grounds for a defence by the way? You can read about possible grounds on the factsheet that Andy has kindly posted up.

MARTIN3030 · 5th September 2008, 21:40

Capquest-dont Let Them Get Away With It.

bobneedhelp · 8th September 2008, 09:41

is there a CAG meet in essex? and if so when ..I would like to attend one

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