hi all

im writing this post on behalf of a friend whos having balliff letters sent to him over a trade account he had back in 2006.

he's just had contact from marstons baliffs saying they will be visiting him to enforce a ccj gained in september 2007 through northampton bulk processing, which is the first he had heard of it.

i have told him to request a cca and the company have replied with a account application form which is obviously unenforceable but how do we proceed with with getting the judgement set aside.

he has gone to the local county court and got a n244 form but is this the one he needs to fill out as £70 is a lot to waste on the wrong form.

do we need to mention the fact on this that the agreement he has is unenforceable or do we just do it on the basis that no summons or judgement has ever been received.

thanks in advance for any replies

Not really my area but this post will bump you up the list

Yes it is the N244 you need to fill in parts A B C and statement of truth , you have to state reasons why you want it set aside, and you can briefly outline your defence I believe.

You will no doubt get help from the experts later

Moved here.

Whether the agreement was enforceable or not-is not the main issue.

Courts have become alarmed at the number of apps to have judgements set aside on the basis that theres no agreement been supplied.

Better to seek the set aside using the arguement that he had no knowledge of this and so no possibility to defend.

Have Marstons given any instructions ?

I would go along with this as the main object is the no knowledge scenario.

If things open up at the hearing then you may be asked for further information.

If you are on inc support/jsa/ working tax you can apply for a fee exemption.

Are the letters from the Bailiffs posted as in have a stamp on them or just shoved thro' the door. The reason for asking is that as an old trade account the debt may be for more than £6oo and Marstons are attending as High Court Enforcement Officers rather than Bailiffs.

PT

Have Marstons given any instructions ?

no they have just said they are coming on wednesday.

Are the letters from the Bailiffs posted as in have a stamp on them or just shoved thro' the door. The reason for asking is that as an old trade account the debt may be for more than £6oo and Marstons are attending as High Court Enforcement Officers rather than Bailiffs.

 

PT

The amount borrowed was about £3500 the amount repayed was £3700 but the amount that they were demanding on top was £4000 but for some reason has gone down to about £3000.

The letter head says high court enforcement officers so i assume thats what they are.

Thanks again for your replies.

I have just re-read your original post and have noticed that the CCJ was from 2007.

You should contact the court to confirm that the Warrant of Execution was renewed as it is only valid for one year.

It can be renewed, but unless this is done it cannot be enforced.

As it's for the HCEO then it's a Writ of Fi Fa depends on when it was done but yes only lasts for a year but can be renewed.

The date should be on the paperwork already received..

PT

hi all

im writing this post on behalf of a friend whos having balliff letters sent to him over a trade account he had back in 2006.

he's just had contact from marstons baliffs saying they will be visiting him to enforce a ccj gained in september 2007 through northampton bulk processing, which is the first he had heard of it.

i have told him to request a cca and the company have replied with a account application form which is obviously unenforcable but how do we proceed with with getting the judgement set aside.

he has gone to the local county court and got a n244 form but is this the one he needs to fill out as £70 is a lot to waste on the wrong form.

plus do we need to mention the fact on this that the agreement he has is unenforcable or do we just do it on the basis that no summons or judgement has ever been received.

thanks in advance for any replies

Doubt whether a N244 will be of any benefit to claim for unenforceability as you will need better grounds than this. Have a read of this and see if you can satisfy any of these requirements:

Debt Factsheets - How to set aside a Judgment in the County Court

If they are coming on Wednesday then time is of the essence. Have you paid anything at all towards the debt? Have you a payment plan in operation? As asked earlier did you defend this?

PT

I put in the n244 form on the grounds that my friend never received the court papers and was unaware that any proceedings had been started so he never had a chance to file a defence.

He was getting letters from trade pro demanding payment but it wasnt until he started getting letters from marstons high court enforcement officers that he asked for my help and we realised that they had gained a ccj in his absence

As i stated earlier i think he used around £3500 and repaid just a little bit more around £3700 but they were demanding over £4000 at first but that has now gone down to around £3000.

There are a few irregularities in his statements as he made a payment of over £400 that was credited one month but then taken off again about two months

i need to find out the reason for that but they havent responded to tha sar request yet.

Thanks for the advice about the warrant of execution i will be checking that out later on

Right now we've got some meat on the bones, I imagined this to the scenario but didn't want to prompt. It appears that for whatever reason he has never received any of the original documents.

Do you know when the CCJ was awarded and for how much? Were they adjudged "guilty" by being awarded judgment in Default against them?

Apart from applying for set aside on the basis of not having had the original docs and therefore being unable to mount a defence/counterclaim/make offer of payment - you also need to come up with a solution to be able to pay either in whole or by instalments. To show good faith sometimes the Court may ask for monies to be deposited into Court. You may also have another problem dependent on the age of the CCJ which is why I asked when it was awarded etc.

Now that you have the HCEO from Marstons involved this is now the most important matter to deal with. When submitting the set aside application you should also ask for a Stay of Execution pending detremination of your set aside application. The Stay halts all further enforcement action and charges until the set aside is decided. If set aside is granted all fees made by the HCEO must be refunded/scrapped. Please note applying for set aside alone does NOT prevent attendance by the HCEO.

You make reference to a SAR - who have you asked this from and how long ago did you ask?

PT

The judgement went through norhampton bulk so it was just rubber stamped and i think it was awarded in 2007.

The sar request went off last week to trade pro after they sent him a copy of his account application form which while it had the interest rate, signature and amount of credit on the same sheet nowhere did it state when and at what frequency he was expected to pay it back.

I really dont think they have an enforceable agreement plus no default notice has ever been received

im really interested in whats going to turn up under the sar request, as for repaying it im hoping we can get it written off before it gets back to court .

Thanks again for your replies

Well today was a waste of time

my mate waited in all day and nobody turned up.

He phoned northampton county court to find out if the warrant had been renewed only to be told it wasn't dealt with there but it was dealt with in milton keynes,

he phoned milton keynes and they said that it hadnt but as marstons are sheriffs that they don't have to as they can make their own is this true?

Thanks in advance for any replies.