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Old 21st June 2007, 00:26   #1 (permalink)
kevinmcuk
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Watch out, there are Claims Touts about!

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Posts: 14
kevinmcuk Novitiate
Default 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
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Old 21st June 2007, 07:33   #2 (permalink)
MARTIN3030
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Default Re: County Court Judgements

Are you sure these are County Court Judgements and not just registered defaults ?
I think that you will have a big Job convincing a Court that you knew nothing about any of these.
I will move your thread into the debt forums.
Keep it updated.
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Advice offered by MARTIN3030 is without predjudice and is for your judgement as to whether to take it.
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Old 21st June 2007, 10:56   #3 (permalink)
powelll
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powelll Informativepowelll Informativepowelll Informative
Default Re: County Court Judgements; I want them removed.

You need to bear in mind that the fact you were unaware of the CCJs ( if they are CCJs ) is not a defence in itself. County court papers are deemed to have been served if they were sent to your last known address - have you moved around a lot in recent years?

Also remember that the creditor does not issue a CCJ against you - they send a claim form giving you the option to admit, defend or partly defend the claim. It's the court that issues the CCJ. Have you written to the original creditor with a CCA request regarding this debt?

Below link may also be useful - you do need to be careful if you are looking to defend a claim as if you are unsuccessful you can be liable for additional costs.

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