County Court Judgements; I want them removed. Hello; I have recently notice some county court judgements upon my credit file to which I have no recollection off. I have never paid any amount towards them and do not know who they are for. I have never admitted liability for the debt and never received any documentation relating to the accounts/debts etc, therefore I am prepairing paperwork to take them to court to have them set aside, and wanted to know if I am on the right track.
I have prepaired the following N244 form and Affidaviate. * KEVINMCUK (PLAINTIFF)
x
* x (DEFENDANT)
XXXXX
I wish to apply for the county court judgement (XXXX) dated XX/XX/XXXX to be set aside.
The reason being that:
(1) I had recently checked my credit file and had noticed that the county court judgement (XXXX) dated (XXX) issued by the defendant; was registered against my name and address; furthermore, I have never admitted liability or accepted the debt in question; never paid any amounts to this alleged debt and I had no recollection of its insistence.
(2) I have not acknowledged or admitted liability for the alleged said amount or debt registered within the county court judgement initiated by the defendant.
(3) I am unaware of the alleged debt and the defendant has failed to provide any information; evidence or documentation to substantiate the alleged amount and debt.
(4) I had not received any notification of this debt; or justification or accountability into the exact calculations of such amount by the defendant.
(5) I have never received any default notice, nor had I been granted any notice of the alleged debt; furthermore, I had never received any court summons, or received any notifications in respect to this case.
(6) I had not received any notification of any judgement made; and therefore have been unable to appeal or submit any litigation until now.
Signed: ……………............... .
Sign here: ……………............... Plaintiff / Defendant
Dated: 20th June 2007
AFFIDAVIT
Sworn on 20th June 2007
Filed On Behalf of the Plaintiff.
In the x Case Number:__________________ _____
BETWEEN :
KEVINMCUK (PLAINTIFF)
And
X (DEFENDANT)
I kevinmcuk
Of X
MAKE OATH and say as follows:
1) I AM the Plaintiff herein
2) THE written contents of Notice Of Application Form N244 annexed hereto are true.
3) I THEREFORE ask that this Honorable Court grant my request for judgment in the above case to be set aside.
SWORN at x
This day of 20th June 2007
ANY WORDS OF ADVICE OR IS THIS OK?; I have also contacted several companies who have issued defaults on accounts to which I do not know and have not paid, I have sent them this template letter:
Wednesday 20th June 2007
Recorded Delivery Dear Sir/Madam
RE: Account number - xxxxx
I do not acknowledge any debt to your company. I had recently obtained copies of my credit file from Equifax and Experian and I was concerned to notice that your company has placed a "Default" notice against an alleged account in my name. Further to this I would like to mention that I have no recollection of ever receiving such a notice, and am unaware of such account; therefore I do not acknowledge this debt and I require you to substantiate this data at your earliest convenience. I have also raised a dispute directly with the credit reference agencies.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 000223 attached.
2. You must supply me with a signed true and certified copy of the original default notice.
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
I look forward to hearing from you within the next 14 days.
Yours faithfully
kevinmcuk |