Hi, I haven't back to the internet casue some problem at home. I just get back the SAR file from the credit company. They are all printed out paper, the credit agreement just a printed out paper without any signature etc.(sorry could not upload them as no facilities at the public library to do so) Now I just received the DCA would accept my proposed monthly repayment, should I (a)starting paying them and at the same time submit the N244 form (b)not paying them and at the saome time submit the N244 form ©starting paying them without doing set aside as the chance to be granted is very small? Any advice would be much much appreciated.

Hi, r&b, thanks for your reply. That's great help. How's you case develope? I wish you the best. I still reading all the threads you mentioned, it's so complicate for me to understand. My question : AT the redetermination hearing, could I ask the judge to look at other things eg. the amount I do want to dispute, could you do that or I should do the N244 at the same time. Could the court allow you to do both, or one after the other. really don't understand the 'procedure'. Could anyone tell me what is these term - 'sketeton draft' 'defensive draft' when do one needs to do that? Thanks in advance. ps Sillygirl, I hope you feel better. best regards. Caller

bump.

Oh, forget to ask... Could I ask for 'A Redetermination hearing' under my situation, would there be something like ..'you had admitted the full amount, now it's not right to do such and such... And if I applied this, would the outcome affect N244 if I would like to submit it later... Sorry loads of question from me, Thanks to you all from the bottom of my heart. I still reading those thread related to r&b's case, eye opener and still try to absorb it all.. Thanks to you all. Caller

Hi, many thanks to you, sillygilr11 & r&b, Hi, sillygilr 11, I am so sorry to hear about that, hope you feeling better and better. So grateful to you as you are suffering and still thinking of me at this hard time. I think I am going to negotable with the DCA right now as I received the DCA letter about the repayment. Therefore I think I could hold them off for a while (as the order of sale still hanging over my head), therefore I think I better make sure to learn more before I submit the N244. AGain,thanks to you both for the good advice, I am still confusing about... What is 'A Redetermination hearing' is it something like asking the judge to vary the repayment by using the N245? I always thought by using N245, you just ask the judge to vary the amount since the debtor could not afford it and show the court evidence to justify the better agreement with the creditor. At such hearing, could you do arguement like : the amount is not the rightful amount and claimed the DCA is not the rightful owner? And throw out the DCA claim at all, no more CCJ? Sorry I just confused and my main goal is to get rid of this CCJ and then prepare for another round with the DCA with a new CCJ hearing. Thanks of all both of your help. Hi, sillygirl11, Please let me know if you are better, best wish to you.... Caller

Hi, r&b, many thanks fot let me know about this (reading the thread now,still very confusing, all of this is fresh and open my eyes as I am still very low at this moment). I am not sure would it be worser I rush down this road without properly know what I am doing. Anyway, I have some development with my DCA, as I said before, they threathen me that they would apply 'order of sale' at the end of this week if I did not pay in full (they would not accept any of my offer, they want full amount now). I just received a letter asking me to contact them to discuss about the repayment. I think I would stick with my monthly offer to them and wait for the SAR from the OC (I am worried sick now since I am so studpid I had provided my signature to the OC, I worry they would lift my signature etc, I would be more deep hot boiling water.) I still want to set aside but this may buy me a bit time (the order of sale hanging on my head) and at the same time I could learn more at the forum to get a better picture what to do next. I mean if I apply and then fail, what would happen? More court fee and the debt bigger and bigger then over the small claim limit and I would face more hursh law rules tec. I am thinkging I shall open a new thread to draw anyone's sharing of their experience and advices. meanwhile any advice about 'set aside' would be much appreciated. Caller

Hi, r&b, thanks for your reply. tick -full amount on the claim form... The lady at the CAB filled up all the claim form and asked me to sign, she just thought I should go bankrupty (I went in there straight away I got the claim form & at that time I told her I had others debt too). She ignored my plea that the amount was not right and I am not sure the account reference was right. she filled : admit all the amount and the debt. She thought I had debt with the OC and a DCA sending claim form then everything should be just go one direction. She asked me to sign and put it in a envelope, sealed it and tell me to post out straight afterwards. I am so naive and always trust people ( at that moment I just feel thankful for all her help, she seemed very authority in a way). After I got the judgement (no hearing not as the lady at CAB told me, I was hoping that I could plea to judge about monthly repayment), I went back, another lady told me to save money just send a letter in asking to transfer the case to local court, she didn't mention I could set aside or do anything at that specif time period (now I learnt from this forum, there actually something I do do at that specific period, I find this forum too late). Anyway It's all my fault, things just swirlled and swirlled, while I waiting for any outcome after I sent the letter to court, I actually received is a hearing for CO instead, I hardly breath during all this chaos to handle the CO case (during all those time, now I reflect, maybe I could do something like asking the judge about set aside or vary the judgement). I was so confusing for all those hearing and legal staffs. Anyway after the CO, now then the DCA start to chase the money in full and they ignored any of my offer no matter what. Now they just want to get the order of sale since I could not fulful the full amount (the judgement is granted for full amount of the debt). Such push me to the edge and I find out N244 from the thread, I have to have a go OR I would lost my home. The most problem is I had admitted the full amount at the claim form. I don't know if I agrue the NoA, DN... Would it be wise to say now i challenge the claimed amount? Would it better leave it alone? I could only show the court my letter requesting NoA to the DCA and the letter requesting SAR to the OC (still waiting). sorry for such long thread...Any advice would be much appreciated. Caller

Thanks Castlebest(pete), thanks for all these useful advice I have trouble to fill in the Qs 10 what information will you be relying on, in support of your application? 1) the attached witness statement 2) the statement of case 3) the evidence set out in the box below I was advised at other nice people in this forum I shoud use 2) Could anyone tell me what is the difference of these all? I had read some other threads, it seemed other people wrote a lot statement on the form N244. I just have a few line about my case - the DCA ignored my requests of NoA thus showing that they maybe not have one thus they are not entitle to chase the debt and collect it; I had recently sent out SAR to the OC and still waiting to clear up everything; I had never received DN thus the DCA was wrong to chase the debt even thought on their POA they claimed they had served it. It take me sometime to do research and know better about my right as I was mislead by the CAB i don't think I could use 3) The more I read the more I am confused.... what is a draft statement, LBA...when do you use it. ~Should I use those in my case. Do I draft something to the court after I know the hearing date and sent it off, if I want to change something then I shoud sent out amendment of statement? I am very confused with all this staffs and procedure. Try to submit the N244 asap before I received order of sale from the DCA After i submit the form, I intend to write to the DCA requesting again the NoA, is it the right thing to do. I am still waiting for the SAR, counting the 40 days time limit. If they don't, I learnt from the forum that I shoud send another letter. any advice would be much appreciated Caller

I think I better start a new thread in this title I need help to fill the N244 form - set aside CCJ Some help please to fill the form On the N244 form, Paragraph 3 Qs3 . What order are you asking the court to make and why? I intend to write this Take Notice that the Defendant asked the court to set aside and stayed the County Court Judegement and the Charging Order as new evidence/developement could let the defendant to defense successfully asto the claimant's particular of claim Qs 4 Have you attached a draft of the order you are applying for? Yes/No Don't know what to say? Qs 6 How long do you think the hearing will last? Should I say 15..... or 30 minutes or 1 hour? Qs 9 who should be served with this application? And as on the claim form for the CCJ, there's a claimant (A )and the solicitor (B) on anothe box of ' the address for sending documents and payments. Who should I put on the form? the claimant A or both A & B ------------------------------------------------------------ I am preparing some essay I think I would put it as the statement of case to attached with form and I try to make it clear and short. I would like to say the alleged claim is not enforcement due to 1) no NoA 2) no DN 3) get big misleading advice from CAB and thus not doing the right thing at the right time to appeal with the CCJ I know these point not sounding very promissing but I would give it a go. Anyone? could you share your experience ..... Any opinion would be much appreciated. [/url]

I think I am going to start a new thread as 'help with N244' now.

Some help please to fill the form On the N244 form, Paragraph 3 Qs3 . What order are you asking the court to make and why? I intend to write this Take Notice that the Defendant asked the court to set aside and stayed the County Court Judegement and the Charging Order as new evidence/developement could let the defendant to defense successfully asto the claimant's particular of claim Qs 4 Have you attached a draft of the order you are applying for? Yes/No Don't know what to say? Qs 6 How long do you think the hearing will last? Should I say 15..... or 30 minutes or 1 hour? Qs 9 who should be served with this application? And as on the claim form for the CCJ, there's a claimant (A )and the solicitor (B) on anothe box of ' the address for sending documents and payments. Who should I put on the form? the claimant A or both A & B ------------------------------------------------------------ I am preparing some essay I think I would put it as the statement of case to attached with form and I try to make it clear and short. I would like to say the alleged claim is not enforcement due to 1) no NoA 2) no DN 3) get big misleading advice from CAB and thus not doing the right thing at the right time to appeal with the CCJ I know these point not sounding very promissing but I would give it a go. Anyone? could you share your experience ..... Any opinion would be much appreciated.

Hi, all. Trying to complete the N244 form now, is it enough to just submit 'the statement of case' --( try to put it in a very short clear form without any special legal term and submit this week)at this stage . Or must I write in 'the attached witness statement' as well, if not, should I do it after confirmation of the hearing date and then submitting one to the court and if there's more add-on then something submit another paper called 'amendment of withness statement'? Sorry quite confuse with all this term and procedures... What is a 'skeleton statment' & 'defence statment'? when do someone use it during the court procedure? Please any advice would be much appreciated.

thanks, teaboy2, thanks for your good advice. I am going to complete the N244 with all the good advice gathering at my thread. I would read more in the forum and would post more question to prepare the hearing later once I know the hearing date. Thanks to you all. Caller

Hi, sillygirl1, I had send a PM to you to state about my case, thanks for all your help. Caller

Hi, all, I would like to send out the N244 this week, any idea/advice would be much appreciated. Thanks in advance. Caller

Hi, all, I couldn't not find any scanner at this moment, I typed the letter here I mentioned before : response from the OC regarding the SAR file, the OC are requesting the 'right signature' form me : - ------------------------------------------------------------------- xx September 2009 Dear XXXX, Thank you for your request to be provided with personal data pursuant to theData Protection Act 1998. For security reasons we require you to provide a form of positive identification ( an example of acceptable identification would be a copy of a driving licence or passport which includes the main cardholders signature*). Althought statement information has been sent to you at your address a current postal address is not an adequate form of identification. Due to the amount of personal information XXXX(name of the OC) will be sending in the Subject Access Request, including bank details, security information, places of birth and dates of birth, we would require extra identification from our customers. Yours sincererly, signature signed (Compliance Department) * these words are in bold on the letter __________________________________________________________ Thanks all Caller

Hi, sillygirl, your advices are so great. Thanks again for your great help and I thanks for you to let me use the PM. I properly PM you later (sorry I could not tell you what time since I don't have internet at home and no scanner at local library, I would try to find a internet cafe) and posted the draft of the N244 form. Thanks again and again. caller

Hi, many thanks to you all, sillygirl, teaboy2, supesnooper, I am sorry I could reply you all earlier, I do not have internet at home and I rely the computer of my small local library with limit time usage. Apology to you all sincerely. I am so grateful for all your help. Caller

Hi, All Hope you don't mind I would like to ask for more help here, this time it is about how to fill the N244 form :- --------------------------------------------------------------------- at Q3, What order are you asking the court to make and why? should I just mentioned the CCJ or I should mention the CO too, The DCA claimed they would apply Order of Sale next week, should I mention that as well. at Q4, Have you attached a draft of the order you are applying for? Yes/NO I don't know what is this. at Q5 How do you want to have this application dealt with? I think I should marked 'choice a hearing'? at Q6 How long do you think the hearing will last Shoud I marked 15 Mins? 30 MIns? I don't know what should I fill at Q8 What level of Judge does your hearing need? Should I fill 'district judge' at Q10 What information will you be relying on, in support of your application? a)the attached witness statement b) the statement of case c) the evidence set out in the box *below * this is a big empty space for me to fill in and some printed word : statement of Truth for applicat to sign I don't know what they are; should I choice (b) in my case; do I need to fill something on the big empty space and sign the statement of Truth. -------------------------------------------------------------------- Any hints/advice would be much appreciated

Hi, Sillygirl1, big thanks from deep of my heart, that's exactly what I need.

Hi, need every advice for my N244 form Coudl I write the reason for set aside as the DCA did not have assignment letter, thus no legal right of the alleged debt the DCA could not provide the credit agreement I had not defended myself because I am badly advised by CAB (it's true) No DN The DCA had refused to give me a copy claiming that I had admitted the debt and therefore they are under no oblignation to give me one under consumer law. I would like to send another request (after hand in the N244) using CRP rule. I have 2 major obstacle now beside the normal risk The judge might think a) I didn't defend before and b)I haven't paid the DCA anything yet, the judge would I just a [problem] and refused a set aside hearing (From my last experience,I had a very nasty judge sat at my CCJ and CO hearings, so I am very very afraid of judges nowadays) As you see I had send in my signaure for my SAR, I am now very worried that out of a blow they would provide a copy of credit agreement from nowhere. Any help would be very very appreciated, I had all help from every direction since I am tracking on water here to prepare for the set aside hearing without any legal mind at all. HELP! Please.

Thanks, teaboy2, i am afraid I already done that as my mind was not clear at that moment. I feef horrible now. I first sent for the SAR file hoping to set aside the CCJ and CO, now the order of sale is hanging on my head and it seems you are right, the OC acted very suspeciously. If they lifted my signature and provided this as a true copy of credit aggreement then I have no charge to set aside and it looks definitely I would lose my home. I still waiting for my SAR file, should I do anything now to the OC, should I another letter to warn them it's illegal to lift my signature ect. And at the same time, should I sent in set aside form and vary of payment(N245) at the same time. I am very struggle with money therefore I am trying to save any penny. I would like to sent the N244 set aside form next week since the DCA claimed they would send the order of sale form to court next week. Would this help to hold them until the hearing of set aside. Sorry so many things to ask... any advice wold be very appreciated, thanks in advance. Caller

Thanks sequenci, a credit card under £5000 with those late payment interest etc, panlty charges, solicitor fees etc solo under my name I have a kid over 19 still financial rely on me Thanks for your help

I had not defence my CCJ case (not thinking properly, not knowing this site, wrong advice from CAB) and resultly got a CCJ and straight away the DCA applied for CO (they don't bother to content/chase/nego with me about money at all at that stage, a long time). Now I get a CCJ and A CO hanging at my head. After the CO occer, they suddenly chased me harshly and keep changing what amout they wanted. I lately asked them if they get any assignment evident from the OC since I don't have a clue who they are and the amout they chased after. I might do it wrongly or I pushed some button, the DCA straight claiming they want the full payment and they would apply order of sale deadline next week. I had gotten advice form my last thread (thanks for all the people here) and I had sent for my SAR file from my OC. I am still waiting for it. I plan to look into my file and then I might have a chance to set aside the CCJ and get rid of the CO. They could chase me in a new case and this time I (thanks for this site) could properly defense and get back my right. The OC replied last week asking for copy of passport etc( **** they need a copy of the passport/driving licence and the signature on this must be the same as the signature for the Account. Could any one tell me : are you, by law, must sign every legal document at the same signature? my friend told me he sign in different ways for different banks cards to avoid fradulant), anyway I sent a copy and forgot to (too many things to struggle and my mind always not clear) temper proof the signature. Now I am very worry somehow someone could lift it off. Anyway, what should I do now, I haven't get the SAR file back, should I send in the set aside form now OR I should ask the court to assign the monthly payment. Would the above work as they are submitting 'order of sale ' at the same time? Actually to spend £75 now for the set aside at my situation it's a a huge mountain for me to climb. What should I do now? Please any advice would be much appreciated. Thanks for advance.

Put the Visa number on the Subject Access Request. The DCA may have changed the account number to suit their system[/P HP] thanks for your advice, I am going to do a SAR now. Hope I could get them soon. One last question, The DCA chasing me very hard with all the threads (bailiff, order of sale), asking for such monthly amount I could not afford by the end of this month since | ask about the assignment letter ... should I do the judge varied [u]now[/u] (money is so tight nowdays, got to save every penny) or do I tell them I am waiting for the SAR serach instead and any chance I could ask them to wait... Thanks again