it'd be great to know what my options are (no matter how bad!)

i know that i can't afford the monthly payment expected of me with this ccj

you'll need a fairly good reason to now set aside.

otherwise, if you can't pay the judgment amount (500?), then could try for an instalment order according to your means. an instalment order on 500 should be attainable eg 10/mth over 5 years.

So whats the N244 application for and whens that dated ?

So whats the N244 application for and whens that dated ?

i'm not sure. i thought it might be easier to include the documents for you to see with identifying details edited

i've attached them now in one file

file.pdf

Thought so ...you did have 7 days to set this aside and submit a defence...given that the order is dated 10th August....7 days is to day...what day did you receive the court order ?

Thought so ...you did have 7 days to set this aside and submit a defence...given that the order is dated 10th August....7 days is to day...what day did you receive the court order ?

i got all those documents on the 11th August, yesterday, and the postage stamp on the envelope is dated the 10th

ah ok, you've got a bit of time to object (with reasons) to the judgment order then.

ah ok, you've got a bit of time to object (with reasons) to the judgment order then.

It would have to be sharpish Ford and of course a valid reason and defence ?

It would have to be sharpish Ford and of course a valid reason and defence ?

thats what i meant.

also to take into account the application fee (if applicable) and any poss hearing costs against should it be unsuccessful, compared to the judgment amount.

Obviously not that bothered logged off after my post.

Obviously not that bothered logged off after my post.

maybe why a defence wasn't submitted in the first place.

luckily (in the sense that it gives the OP another outside chance) the claimant also wasnt too bothered at the time as it was left stayed rather than default judgment requested at the time.

so something like:

Defence

1. Paragraph 1,I accept that I have in the past held a current account with Lloyds Bank Plc. I have not serviced this account since xxxxxx due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyds Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

2.Paragraph 2 is denied as the original creditor has failed to serve a Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

Therefore the claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account and;.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the xxxxxxxx. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

7.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

thank you all so extraordinarily much for taking the time and effort to respond - it's really appreciated

apologies for the delayed response. this issue couldn't have come at a busier time for me but i really do want to try and make an attempt to fight this if that's doable and if there's a chance of being successful. not sure of what my chances may be though. and yes, i do have to consider the possibility of losing this and the increase in costs. is there an idea of how high the added costs could be?

dx100uk, that's perfect and really kind of you in drafting that - thank you

just nicked from another thread

obv you'll need to adapt it to your players/debt and their poc para numbers.

dx

no problem, ty

i'm just filling in the n244 form having decided to defend the claim - is it in my interest to request a hearing or have it without?

Set a sides require a hearing..you can claim the fee back and your costs if the application is successful.

Dont forget to draft an order to attach to the N244

thanks andy.

i've been looking through examples of draft orders to get some ideas etc.

it prompted me to dig around through my own documents

i found correspondence from mortimer clarke solicitors a year after my cpr 31.14 request in 2014 that provides photocopies of

my NoA,

letter from yorkshire bank advising of the assigment,

facility letters

and other letters from YB

and a signed application form to open a bank account from 2008.

i'm pretty sure now that this overdraft debt is now statute barred because i also had a loan from YB which was more than a couple of grand and it was that that i was making nominal payments to, the last payment of which was in 2012.

i made two separate threads and they might possibly have been merged.

none of the photocopied documents list when my last payment was made.

i'd obviously need that to strengthen my case.

i know first i have to get this set aside and having come across the claimants response to my cpr 31.14 as well as a without prejudice offers some time later which i ignored, this really doesn't help my case does it?

i'm thinking i should have acknowledged them.

that said,

i definitely didn't receive court documents about the stay being lifted in july this year because i would have disputed that. most of the letters i was sent from YB informing me that i was over the overdraft limit was a result of charges from the bank that levied excessive charges.

i thought them unfair and so i stopped paying them hence why i'm pretty sure this debt is now statute barred

i already applied for help with fees the other day and have been provided a reference.

i'd really appreciate hearing what anyone thinks of my n244 claim now and how it's looking for me?

As the claim was issued – 14/08/14 and you think your last payment to your loan from this account was 2012...then Im not sure how you can consider it to be statute barred functions ?

" I made nominal payment of a £1 towards this debt back in 2012 but nothing since."

The claim stopped the clock with regards to limitations

Andy

i know andy - i'm sorry this is my mix-up and confusion

i think the nominal payments was made towards the YB loan (of more than a couple grand) back in 2012 and not this YB overdraft (initially a little over 500) which is what is being pursued in the courts.

the two are certainly separate and i got them mixed up.

i'll contact my former bank asap to confirm when the last payment was made to YB and to what account.

i only opened the account to set up standing orders for nominal payments of two debts so there isn't reams of statements to go through. still, it couldn't have been SB in 2014 so i wouldn't be able to use the SB defence now right years later after the stay?

does a stay lift limitations indefinitely then?

The issuance of the court claim suspends time running with regards to limitations and the stay holds it until its either set a side or discontinued/withdrawn then the clocks restarts

thanks, andy - really appreciated and i'll be sure to make a donation to this fantastic site for all help provided

i'm not sure there's a good defence or chance of success for the set aside at this point.

i was thinking of trying to negotiate paying a settlement but i think it has to be full amount now right?

can't afford that and the original amount when the debt was transferred to cabot was on the lower end of 500

- it's now more than 650 demanded.

there's a difference between the original court claim in 2014 and what's on the default judgement 2017 by about 20 quid. any idea what that is?

should i expect the amount to keep rising if i can't get this settled straightaway?

i'm really beating myself up over this because it's ultimately my fault for not being vigilant and on top of things.

i treated this like any other dca but the circumstances are not the same!

I can only assume the differing sums will be section 69 Interest added to the judgment (8%) up until judgment.You can make application to vary the forthwith payment to monthly by submitting the N245 (See Legal Library fee is £50)

Downside is the CCJ will be registered and remain on your CRAs for 6 years.....paying it in full by the date stated will remove it completely.

if it's interest it works out to be about 3%

back to the drawing board it is with this...

Well a court can award anything up to 8% on top of a judgment...may be 3 in this instance