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?

Thanks Andy. Much appreciated.

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?

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

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.

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

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’.

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.

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.

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?

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

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?

Hi again. I posted the above response to the local court and to CCBC. I have just received a General Form of Judgement or Order. Dated 27th July with a postal date of 7th August It is ordering that the 1: The stay be lifted 2: Judgement be entered in default of a defence. It gives me 7 days to apply to have the order set aside. I contacted CCBC yesterday and they told me that their postal system is currently very behind (they are dealing with post from the 23rd July) so I should email my response to them. I did this promptly with a covering note at the top explaining that I previously posted it but due to recommendations given over the phone I am now sending it via email. Today I received a Judgement for Claimant (in default) To the Defendant You have not responded to the claim form It is therefore ordered that you pay the Claimant £**** (the full amount with interest) [and interest to date of judgement] and £185 for costs. Dated 07 AUG 2018 Note for Defendant. If you did reply to the claim form and believe judgement was entered wrongly in default, you may apply the court office giving your reasons why the judgement should be set aside. Today I called CCBC again and they gave me another email address to send my reply to so they would receive it immediately. I informed them of the letter I had just received and of the judgement being put against me. The lady was very helpful and after reading my response asked me to hold the line while she spoke to her superior. After a good few minutes she returned to the line and confirmed that there had been a judgement made but as far as they can see it should not have been made as my defence is clearly on record. Apparently IND attempted to have a judgement made against me on the 11th July but it was rejected as invalid due to my defence being on record. Her manager is now going to investigate this issue as no judgement should have been made. The issue has been given an "urgent" status and they will be back in touch in around 5 days. I asked if there was anything I can do or if there are any forms that I need to fill out but was told that there were not and that I have done everything I need to do at present. I was noted on the file that I have offered to do anything I need to do to have this order removed. As we spoke about the details of the claim the lady couldn't help but burst into laughter at the fact this has been brought up after nearly 4 years. She duly apologised for laughing but it clearly showed the ridiculousness of this, even to someone who works with this stuff on a daily basis. I await the call from her manager next week but what I take from these latest events is: 1: IND are attempting to subvert the courts but claiming that I did not submit a defence. 2: A judgement has been incorrectly made against me through either a fault by the court/judge or an underhand tactic by IND 3: IND tried to have judgement made against me on 11th July and it was overturned due to my defence being on file. Surely point 3 should place them in contempt. After having their claim overturned and being made aware (again) of my defence, that they have already replied to, to them issue a further claim and involve a judge in this false claim is making him look somewhat foolish. They are making a mockery of the court system and surely now their witness statement, which claims that I did not submit a defence, and is the backbone of their claim, is now invalid? Just thought I'd update the latest and wondered if there were any musings from you guys about this and if there is anything else I should now do. eg. SAR to IND or Original Creditor or both? Thanks in advance again.

Thank you so much for this. Today has been hectic so I will bring my full attention to this tomorrow.

Excellent. Thanks. Today has been hectic here too, easy to be sidetracked. I look forward to reading what you come up with tomorrow. Goodnight.

Nope. I have never dealt with a dmp. It was a friend, who I referred to as a third party, who paid on my behalf but there was no contractual arrangement there. If they check their records, all they will find are payments coming from a named account that is not mine. This arrangement was made with Lloyds, even though IND. claim the debt had been assigned to them. I will also reiterate that I never received an assignment of debt at any point. The first communication I ever received from IND was the court summons in September 2014.

I guess so. I have to do something at this point. The last payment they reference was 3 months before it would have been statute barred. Since then they have stayed the court for 3 and a half years. They also took the same amount of time to provide me with a CCA, which seems a bit long to me. Plus the CCA they provided had a false address ammended onto it and there was no signature. They also gave no evidence as to where the payments came from as they most certainly did not come from any account in my name. Is that strong enough to hold up?

I've heard nothing from the court yet. I guess I should have asked if there were any actions pending when I called them. IND seem to be pretty incompetent to be fair. I still think that they were hoping I would either ignore or not open/receive the letter and thus allow them to push their nonsense claim through in my absence. I feel pretty confident with this now but I'm very interested to read your reply Andy and again, thanks for taking time out to assist me with this.

I have spoken to MCOL and they confirm that my defence was received and is on file. They also confirm that they did pass it on to the claimant's solicitor.

OK. I'll bare that in mind. Thanks.

OK thank you. I will do this. Looks like the lines are open 8:45 Monday to Friday so it's a tomorrow morning thing. I would think that for them to be able to reply to the defence and make reference to the points made within they would need to have received it from MCOL. Thanks again for taking the time to help me Andy and dx100uk.

Thank you so much. I really appreciate it.

I didn't receive a notification that I can remember from the MCOL. My defence was sent by email to the court and was not sent to IND. I did receive a letter from IND in April though, which was in response to my defence. This was 3 years after the defence was submitted. They attempted to answer the points raised in my defence and it was at this point that they finally provided what they claim is the CCA. The opening line of the letter reads "We write in reference to the above matter and further to your defence on this claim." So by their own admission I submitted a defence. N244.pdf Letter.pdf

Thank you. Apologies for the large file size. I didn't want to affect legibility by lowering the quality but 10mb did seem a bit excessive. Much appreciated that you tidied up after me. I'll figure out making smaller files for the future if needed.

The last payment date was allegedly 15/12/2008 and was made by a 3rd party who was making payments on my behalf for 11 months. There is a print out that apparently shows this but it has no account numbers and no details for the payments other than the amounts. I will scan this too. Here they are. I have left the address on the CCA as it is not my address and is definitely NOT an address I was anywhere near back in 2000 when they are claiming the CCA is from. I was a guest at an address similar to this around 2008-2009 but I was never registered as living there and certainly took out no contracts from there. I would not have been able to provide proof of address. Secondly, a simple Google search will show that the address is spelt incorrectly anyway, so technically, the address as stated there, does not exist. docs 1.pdf