Hahahaha. Most definitely. It seems though, that the more tricks they try and pull, the more incompetent they start to look. Their efforts so far look like a comedy of errors. Unless they were trying to sneak a judgement by me in the hope that I would either not receive the letters or that I would not respond.

To issue a signed statement of truth that is wrong and can be shown that they knew was wrong before continuing to submit it as evidence should be grounds to throw the case out should it not?

I can pretty much guarantee you that the debt has not been assigned. They failed to provide the assignment in my case, and when I won my counterclaim, the payment did not come from IND but the original "Creditor"

 

 

Batty69 I am very interested in your counter claim, or any other tricks I could bring to this.

I have had a response from CCBC who state that as the judge has made the order I now need to make an application N244 to have the judgement set aside or to review the judge's order. This carries a fee of £255!

I am confused here as I have done everything that was asked of me. I submitted a defence and I replied to the application that was made against me yet still the judgement was made.

How can a judgement be put through by a judge as "in default of a defence" when my defence is clearly on record?

Is this an error by the judge?

CCBC claim that my defence would have been included in the application.

What is my best course of action here? Set aside the judgement or review the judge's decision?

This has suddenly got serious and now I have to find £255. I appreciate that I can claim it back if it rules in my favour but even so. Surely this should not have happened? or does this happen often with the courts?

I posted my response the the N244 application that was made against me but it seems that they CCBC are very behind with their post.

I then forwarded it by email on the 9th August while on the phone to them.

It seems that the judgement was made on the 7th August so my rebuttal to the application did not reach them in time,

yet I was given no time limit nor was I informed of the date of the hearing.

sounds like their error not yours so cant see why you'll have to pay anything

This is what I thought but the advisor on the phone at the CCBC said that since the judgement has already been made there was nothing that could be done at their level.

I spoke too 2 different advisors and they both insisted that since they have no legal training the decision had already been made above their head and therefore, even though they could clearly see that my defence was on file and the claim was being made "in default of a defence" they could not over ride any decision that has been made by a judge.

I have 2 options now.

1. Apply for the judgement to be set aside.

2. Apply for the judge to review the decision that was made.

Both of these actions require a form N244 to be filled out and a fee of £255 to be paid to process it.

I can apparently apply for the costs to be refunded to me if a decision is made in my favour.

If I get the judgement set aside then I guess IND can re-apply for another judgement but this time taking my defence into account.

If I get the judge to review the decision is there a chance I can get the whole thing overturned and that be the end of it?

Or is it better for it to be set aside and then noted that a previous claim was set aside if/when IND attempt to bring it to court again?

I'd rather not fork out £255 right now but I have already gone over the initial 7 days I was given to apply for the judgement to be set aside through waiting for a response from the CCBC. I really feel I need to put through my N244 application as soon as possible and I will just have to pay the fee and request for it to be refunded to me if the decision is made in my favour.

I'm just a little worried that I could mess up here.

I assume I need to give a witness statement and provide evidence to support the reasons for my application along with the N244.

I can include details of all my correspondence with CCBC but as yet the court are not privy to my communications so far so it could well appear that I have taken no action since the claim form was sent to me. I did also send a letter to the local court but I believe that they no longer accept mail and instead I must write to CCBC (which I did at the same time).

I also want to make sure that I definitely apply to have the costs refunded to me as it doesn't seem to clear on my initial read through the form.

as far as im aware its not legal advice

its a complaint that they've screwed up

shouldn't

1. cost you anthing

2. shouldn't need an N244 either.

see what andy says later.

error of judgement made

This is the email that I received from CCBC

Good afternoon

Thank you for your recent enquiry.

If you think that a Judgment has been entered against you incorrectly you can apply to set the Judgment aside using the N244 ‘Application Notice’. Please read this letter and the enclosed notes thoroughly before sending the application to the court as incorrectly completed applications will be returned to you.

Electronic versions of all forms referred to in this letter e.g. N244 ‘Application Notice’, are available to download at http://www.justice.gov.uk/forms. When returning your application please provide one copy of the application for each defendant, a copy for the claimant and a copy for the court. Please note, an application to set the Judgment aside is not automatically granted. The outcome of your application is at the discretion of a Deputy District Judge or a court appointed Legal Advisor.

There is a £255.00 court fee to process the application, payable by cheque or postal order to HMCTS or by card by calling the Helpdesk between 9am and 3:15pm. If you cannot afford to pay this fee you can check if you are eligible for help with court fees by referring to the EX160 Help with fees form and EX160A Help with fees guidance. You can also apply for ‘Help with Fees’ online. To do this you will firstly need to log into https://www.gov.uk/get-help-with-court-fees. You will then need to follow the on screen instructions inputting your name, address, NI number, etc. Once you have completed the online form you will be given an ‘HwF’ reference number, you will need to clearly note this on your application form(s). Please note that the online process will only generate an ‘HwF’ reference number and will not tell you whether or not you are actually eligible for Help with Fees.

If you have already paid the application fee you can file the completed forms via email at [email protected].

If you require any further information please contact our helpdesk on the number above or you can email us at [email protected];Please ensure that you state your case number in the subject heading of the email. You may also find it useful to visit the frequently asked questions (FAQ’s) section of our website. To locate this page you should go to http://www.justice.gov.uk and search for ‘CCBC’.

Which county court is this Miscreant ?

Which county court is this Miscreant ?

The judgement was made in Northampton Court at the County Court Business Centre.

Of course silly question really...as the claim has never been allocated or transferred to your local county court.

They have in effect got a default judgment...even though you acknowledged service and submitted a defence.

You would think logic would prevail...how can you have a stayed claim...if no defence was submitted......bonkers.

Will run through the application with you tomorrow.....if your around.

I'll be around yes.

So it looks like I'll have to pay the fee and attend a hearing to have this set aside.

I'm worried that I have already exceeded the 7 days I was given to apply to have this set aside, yet it has taken until today for the CCBC to respond to my enquiry regarding this.

Hopefully that will stand.

Thanks for getting back to me.

Dont worry about the time limits...they dont when they have to act...you can email the application over tomorrow and make payment by phone......which you want refunded.

Hi

Okay just had a refresher of your thread.

It was decided that your statute barred defence was not appropriate...so if you are to proceed on making the set a side then you will have to offer an alternative defence with merit.

Be aware that if the application is refused you stand to lose a further £225.

It is accepted that somewhere along the line there has been a procedural error..which should be rectified.....but if your chances of proceeding are not backed up with a valid defence then really there appears to be little point in spending more on this....and whether you should just accept the judgment.

Could you please upload the Notice of Judgment (redacted)

Andy

when IND gave their rebuttal of my defence should I have updated my defence?

I was given no claim form from the court and had no opportunity to do this other than off of my own back.

I requested a CCA back in 2014, before I submitted my defence and I did not receive one.

They have since provided me with one but it has no signature on it and appears to be a photocopy of a standard CCA.

My name and address have been added to the document but the address is not one that I could possibly have used to enter into any kind of contract.

On top of this the address is actually incorrect and is not a real address.

Surely to enter into a contract one must provide 2 forms of proof of address that would have guaranteed that the correct address was given.

On these grounds I would request that the CCA provided be dismissed as evidence.

I also have received no notice of assignment.

Also the transaction details given make no reference to me so appear not to bind me to this either.

Therefore I would proceed with a "no paperwork" defence.

Surely the fact that this was raised only 3 months before the debt would have been statute barred and then nothing was provided to counter my defence for over 3 and a half years while the court was stayed should count for something also?

Scan 6.pdf

So the address issues are quite significant to their claim and on which their claim relies upon.

So you wish to proceed with the application ?

I believe so.

Surely a valid CCA would have the address at which I took the contract out?

Would a CCA with an incorrect address (one that has been mis-spelled to make it not even a real address) be invalid to use against me?

If I manage to have the judgement set aside could this potentially be the end of the matter?

If I manage to have the judgement set aside could this potentially be the end of the matter?

Depends what the court decide...in theory the claim should proceed along the normal process...IE Allocation next stage to move it to your local county court.

Back shortly with your application

Thanks Andy. Much appreciated.

https://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

3. The Defendant in these proceedings respectfully requests that the court set a side the Order dated 7th August pursuant to CPR 13.2 a/b and CPR 13.3 b (ii).The claim was acknowledged and also a defence was submitted in the permitted time and confirmed by CCBC.I believe there has been a procedural error by CCBC.

Further a statement in response to the claimants application dated xxxxx without hearing was submitted to Northampton CCBC which was totally disregarded.Judgment cannot be entered in default of a defence.

4. Yes

5. Without a hearing.

6. Leave blank

7. Leave blank

8. District Judge/Deputy D J

9. Claimant

10..(List your evidence and attach copies....in support that an acknowledgement and defence submitted with dates also attach a copy of the WS that was ignored for their last application)

#### START OF DRAFT ORDER ####

In the ......... county court

Claim No. ...

Before

District Judge ………

Dated ……… 20…

Claimant A

and

Defendant B

Draft/ORDER

UPON receiving the Courts Order dated 7th August 2018 received xxxxxxxxx

IT IS ORDERED THAT:

1. The Order be set a side pursuant to CPR 13.2 a/b and CPR 13.3 b (ii)

2. The Claimants application dated 12th July 2018 be transferred to home court be processed with a hearing.....or the claim progress to Allocation stage.

3. Costs in this application

#### END OF ORDER ####

Use the link above to complete this on your PC...run 3 copies.

I have requested no hearing...fee is only £100...the court will advise if different...but if its good enough for the claimant to request judgment...then a hearing shouldn't be required to correct the courts procedural error.

Good luck

Thank you so much.

I need to call them before 3:15 in order to make a payment. Do I submit the form by post or by email?

At no point have they given me the option to request it be dealt with without trial, though I see it as a an option on the form.

In my witness statement do I need to include points of my updated defence re: the invalid CCA?

You can submit by either...email is faster...but make sure you get a receipt/acknowledgement.

You dont require an updated defence at this stage.....this is to correct the courts error....as of now they dont even think you submitted a defence.

The application notice by IND was made in my local court but the judgement was made in Northampton.

Which court do put on my N244?

and the draft order.

Do I print this on a separate sheet?

The application notice by IND was made in my local court but the judgement was made in Northampton.

Which court do put on my N244?

and the draft order.

 

Do I print this on a separate sheet?

Yes