Hi. I won a CCJ against someone who has now filed a N244 for the judgement to be set aside, for what I think are spurious reasons. Can I respond to this in some way and object to this application? Thanks in advance for your advice.

Hi Everyone, I am after a quick bit of help. I won a CCJ against a company that owes me money for unpaid invoices. I won the case in default because they did not respond. I have found out they are applying to have it set aside on the grounds they did not receive the forms which is a blatant lie. I am a bit confused because they have selected the "without a hearing" option. Obviously I want to object to this at a hearing because I have evidence they did receive the forms. I worry that their application will be granted without chance for me to dispute it. Is there anything I can do? can I send some information/forms to the court? Many thanks!

Hi All, I had bad time with my business in 2004 and eventually it become a court case with HSBC business loan. AT that time I could not deal with any other creditors and in the end, of which all defaulted. A CCJ for over £14k Egg loan made against in 2006 I didn't defend the claim and there was an interim charging order made against our property later a final charging order was registered in 2007. I am paying £40 to DCA for this debt from 2011. I knew it was my mistake and mentally I was not fit. I sent SAR to egg and got a reply but I could not get much information or any court papers. DCA is drydens ltd My question is there anything I can do now? Any advice offered would be greatly appreciated. Thanks in advance. B

Hi all. I'm in a mess. I've been living in the US for almost 7 years now. Had debt in the UK when I left, young and careless. I have no plans to return to the UK as I'm a US citizen now and well settled here. I co-own a house in the UK with 3 siblings, the 4 of us own a quarter each. It's a family house we inherited and they have no interest in ever selling it. Obviously, my share is just a quarter, 25%. I have 3 separate debts, £2082, £8513 and £1182. The CCJs were entered on 14/02/14, 06/12/13 and 20/12/12 respectively. They have also applied for a charging order against the property I partially own. My questions are: Firstly, can I apply to have these CCJs set aside as I have been a permanent resident of the US for the past 7 years. I've only just become aware of these judgments after checking my credit report online. When I left the UK I did inform my financial institutions (Egg and HSBC) that I was moving to the US. Could they force the house to be sold, even though I only own a small share of the property? There is no mortgage on it. Two relatives live in the house that will not be moving for a very long time. I also believe that the two most recent CCJs must have been statute barred as at that point I'd been in the States over 6 & half years and have had no contact and made no payments since I've lived here. What is the best course of action. I've searched and searched and have not been able to find anyone in a similar situation, with a small share of an asset that has no hope of being sold anytime soon.

Hi all, I am owed money by a client and she is "declining" to pay. The payment was due three months ago and although there is a signed contract they are refusing to pay up. I want to take them to Court, but they are playing silly buggers and as they go in and out of the country I am concerned that they will get any judgment against them set aside on the basis that they were not here to defend it. (I know I can fight the set aside, but this is dragging on forever. ) So far she has had the Letter Before Claim, which she replied to by email on the last day specified in my letter and was arguing again that she didn't want to pay. I therefore replied by email immediately that we would leave it to a judge to decide and I specifically asked her if she was going to be in the country for the next 21 days, because I know she often takes trips at this time of year. I asked if the Claim could be sent to her lawyer if she was going to be away. I received no reply. One week later I emailed her lawyer who responded a few days after that to say that the client was out of the country until at least the middle of October. Of course I have no means of knowing when she actually left the country because I wasn't told she had gone until almost two weeks' after I had asked that question. The lawyer said that the client wanted the claim to be sent to her personally, rather than to the lawyer, and this of course delayed things further. Last week I emailed the client again who responded yesterday to say she had been out of the country with no email access (which I don't believe). I emailed back immediately and asked if she was planning any further trips and of course there has been no reply. It's a simple enough question but again she's ignoring it. Obviously if I don't hear by the end of the week I'll email the lawyer again and if she's on yet another trip with an open-ended return ticket everything will be delayed yet again. I would like your opinion. I think it is blatantly obvious that these are all delaying tactics. Do you think a judge would agree? Wouldn't anyone who thought their Defence was good want to get on with it? I would. Also, can I make any statement in the original claim about the delaying tactics? Her reason for not paying, by the way, is because there are certain terms in the contract which state that I will, on the client's instructions, undertake various services. It's quite clear that a client may or may not wish me to provide these services. She did not want me to undertake the services, which I was willing and able to do, saying she was happy to handle these matters on her own. Now she says because of this she does not have to pay me. CPR 3.9 states that an application for relief must be supported by evidence. If I issue a claim and she argues that she was out of the country and could not defend, can I persuade the judge that she must produce her passport. Also, can the email correspondence about her travels be used as evidence to show that she was aware of a pending claim, and could have instructed her lawyers, but chose not to, and completely ignores direct questions about when she will be around. Any thoughts would be very gratefully received. I am absolutely sick of this. DD

Hi there, thought I had posted this but it appears to have disappeared? Anyway, hope you can help. In March 2010, my employer advised me that for the second time in my employment with them, they had made a mistake and overpaid me for 2 years. (I had repaid the first overpayment which happened when I returned from maternity leave and changed my hours). This time, the overpayment was around £4K. I had adjusted my working hours for childcare reasons and had only dropped a couple of hours so didn't expect to see much of a change in salary. Further to that, I had received a pay rise so didn't notice the overpayment. Then in June 2010, they advised me that they had made a further mistake and the debt was now nearer £5k!. I agreed to repay £50 a month which they took as a gross repayment and I repayed £950 before taking redundancy. This worked out around £32 per month net. On leaving work, I went to college to re-train and therefore had no salary. I entered into discussions with my ex-employer who were demanding £60 per month net. I explained that I felt it was unreasonable for them to demand repayments that were double what they had accepted while I was in employment when I was not earning. I made an offer of £20 per month which they rejected demanding £30 which again I disputed saying that they could not expect me to pay the same amount of money that I had when I was employed when my circumstances had changed so dramatically. (The problem is that I cannot find this e-mail anywhere - a number got lost when I moved from BT internet to gmail). I heard nothing then until a letter came saying they were taking me to court; which I am embarrassed to say that I ignored. I have now had a letter saying a CCJ has been registered against me and if I do not pay by 28 March, they will commence legal enforcement. I work as an actor now but I have no regular income and am currently not working other than some casual front of house work at a local theatre but there is no guarantee that I will have regular work. My husband has an income so I am not entitled to any benefits but things are not good between us and I do not receive money from him as he pays all the household bills, mortgage and food etc. I don't know whether to just start paying them the £20 a month I originally offered or to apply to the court to get the judgement set aside. Can anyone advise me please?

I got a MCOL default judgement against a company and they have applied for set aside. I know they can't be claiming they didn't receive the claim because they phoned the court as soon as they got the judgement and claimed they had responded in time. I've got a one liner from the court just saying it's been transferred to my local court for a set aside hearing and I'll be informed of further details in due course. I have no idea how the process works at this stage so I'd be really grateful if someone could answer the following - and let me know anything I've failed to ask I thought a set aside hearing would be in the defendant's local court. Is it normal for it to be transferred to the plaintiff's? Is the excuse that their response was lost in the post a reason for set aside? Do you have to give a reason or do you just pay your money and the process starts? Does the plaintiff get invited to a set aside hearing and if so would it be wise to turn up with all our evidence as it may turn into the actual case being heard?

I have (had) an excellent credit rating and have a job that would be affected I think by having a CCJ. My mum bought a property 15 years ago and put in my name but she continued to live in it, we had a deed of trust saying she was responsible for all the bills, and all bills were in her name, She passed away at the end of 2012 and I was her executor, I looked at all her papers and contacted all the relevant parties, utilities, council tax etc to let them know my details and that I was now responsible for bills. The property was a flat and there is a managing agent, I told them my details. However I didn't realise that ground rent is collected by a separate company and did not contact the agent for the freeholder (my mistake). 6 month after my mum died I let the property out, the tenants said they'd pass on any post after that time. As the ground rent is only due every year and had been paid just before my mum died, no letters about the ground rent arrived before the tenants moved in. Today the tenant contacted me with a letter she opened as it was addressed to the occupier, it transpires the ground rent of fifty quid was due in October 2013 and as it has not been paid, the landlord got a CCJ in January! The tenant said a few letters had come in the last few months but she'd just put them aside for me for next time I came round. I had no idea this money was due, I thoughtI had faithfully notified all possible third parties of my details when my mum passed. I am willing to pay the full amount due including all the added costs and charges (which seem fairly reasonable for solicitors, the total is now about £ 250), however I am desperate to have the judgment removed from my credit rating. As the judgment was more than 28 days ago apparently even if paid in full it will stay on my credit file for 6 years. I spoke to the solicitors today and they say as they served on my last known address (and checked the land registry, property in my name, no other address for service) that unless they have done something wrong, the court is likely to refuse even an agreement to set the CCJ aside as the the judgment was correctly obtained. Apparently the solicitors have been refused consent orders to set aside in similar circumstances as an attempt to "credit whitewash" so they say there is nothing they can do to help me with regards to my credit rating even if I pay in full now. My credit rating is ruined for missing a one off payment of 50 quid that was less than 3 months overdue when the judgment was obtained! The ground rent of 50 quid per year was due a year in advance so the rent period it covers hasnt even expired yet (ends Oct 2014). The only thing I can see possibly wrong with what they did is that I think they may have claimed for a letter they didn't send, they sent me copies of all correspondence today and I can't see in that correspondence a reminder letter they claimed 45 quid for. They may have just forgotten to scan and send it to me but I've asked them to check. Would a wrong amount claimed for be a ground to set aside? I haven't yet got a copy of the claim form as I apparently need to ask the court for that, although tenant is now sending me all the post (!!!) If I explained the circumstances to the court in an application to set aside, i.e. genuinely thought had notified of address, but they obtained CcJ so quickly did not have time to collect my post, do you think I have any chance? Please please can anyone help with any ideas of what to do now. Many thanks in advance.

I have a hearing on Tuesday for a set aside for a CCJ from a company called Westcot. They applied for A CCJ last year that I only noticed on my credit report earlier this year. The CCJ was recorded at my old address which I moved out of 6 years ago. My defence is that I never received any paperwork, no court letters or default notices from the original creditor who are called Provident and also that they had access to my credit file so would have known that I moved as my new address had been showing for some time as has my registration on the E Roll. I haven't had time to SAR provident to obtain information so I have nothing pertaining to the debt orthe agreement. Just wanted some advice as to what to expect as I am really nervous I was just going to turn up on my own, no solicitor but don;t know what I need to take to prepare and what questions may I be asked to answer? Will the court look at me less favourably for having the debt? Or will the fact remain that I hadn't received anything?

Hi All , I have just received a statutory demand from Lovell via BW legal stating that they have bought a debt from Lloyd bank . I have always denied owing this amount to Lloyds(£3000) and asked them to take me to court to argue it . this so called debt incurred as they decided to cancel my overdraft . I came to an agreement to reduce the overdraft by £50 per month initially and was managing fine , then they changed the rate of repayment to £100 per month which I could not manage and assigned some ludicrous amounts in overdraft excess fees to my account and debited these even if it meant I would be over the limit but did not hesitate to reject direct debit for mortgage or utilities (I was at the time receiving family and child tax credit.) i have been reading the forum and need some help with the following points . What is caa and who do I send it to ? does anyone know if the Lloyds compliance department is still in Chatham and is it the best address to send the SAR.? finally , I will need general help on how to proceed as I am well out of my depth Many thanks for your understanding Remi

Hi all, Very long story short - I received a CCJ as the claimant sent the forms to the incorrect address. This was paid within a month of the judgement - however I was not sure whether it was within a month or not. So as I was applying for a new mortgage in the short term, I applied for it to be marked as satisfied, but also took action to have it set aside. The court took their time after supplying the information to set aside, but then I phoned the court to tell them that I wanted to cease the action to set the CCJ aside, as it was no longer applicable. They asked me to email them - I did. I have proof of this. However, despite this the hearing went ahead. The judgement went against me (surprise surprise) and the lawyer representing the claimant have claimed expenses of 2,000. (I only received their statement of charges and their defence the day after the hearing). I wrote to the court and complained. No answer after 13 working days. I wrote to the senior manager and today I have received the same piece of paper as after the first hearing indicating that the judge orders me to pay the costs - but with one change - the date and the phrase updated. Can anybody help in outlining what I can do next? Thanks.

Hi, First poster, long time reader As in the title, I had a CCJ that was issued in joint names in 2011, and it was settled last month. The CRA's have been registered as settled, and all checks out ok.(EXPERIAN/EQUIFAX) My mortgage with Santander was due for renewal, and, things being tight financially, I cannot afford any more monthly cost. Santander had informed me, that i was due to go on the Standard rate etc, extra £140 a month on my payments, as they could not offer a more attractive rate due to CCJ history being on there. My previous credit searches are squeaky clean, not one missed anything, in 6 years. So, myself and the ex-business partner agreed to pay off the CCJ (last month), we did so, and the courts ect all logged the information. The CCJ was for an HP agreement on some equipment for a business which failed when the financial market went belly up a few years back. When payements could not be made anymore, we had no option but to let this happen. Facts:- The CCJ was issued, as my business partner at the time, refused to pay his half of the debt on the outstanding monies. When this CCJ was issued, he only recieved some, but not all of the paperwork. The creditor agreed verbally that he could have this agreement set aside if we paid it early. We did, he then found his legal team would not permit this, and that in their eyes, it was issued correctly. Speaking to the court this last week, they said if it was satisfied, and they creditors agreed, £40 would see the N244 form sorted out, and actioned. I have contacted the creditor again, to plead that they could issue an aggreement to set aside. - im awaiting on this. If creditor does not agree, I will have send a N244 form that cost £85. This will be on the basis of the following.:- • We negotiated and accepted an out of court settlement , and repayment structure preceding correspondence dated 7th July 2011 between Mr A, Mr B, and creditor. This was accepted by creditor, the letter noted the payments would be £60pm • The first payment under the “out of court agreement” for £60 that was accepted, had been made by us, and received by creditor before the 1th September 2011, as that was the deadline stated for the “failure to respond will result in judgement being requested”. However, On examination, the N1 claim form was signed, and dated by creditor 1st July 2011. Mr A received a reply from creditor regarding our repayment plan dated 16th August 2011. The N1 claim form is dated as issued 4th July 2011. The Judgement was issued on the 7th October 2011 On collation of our received documents from creditor and Reigate County Court, between Mr A and Mr B, covering the time period in question, the following items were not received. Mr A is missing one letter from creditor, dated 15th September, regarding the deadline of 1st Sept 11. A copy of this letter was emailed to Mr A from Mr B, so I could act upon it, during the week between offshore shifts. By then, the claim had unfortunately been put in motion. Offshore conditions and facilities are simply floating prison cells, with harder work Any outside comunications are simply rare. Mr A can confirm that he has not received a N9 response pack from the courts, or a default notice from creditor. During the time of issue of documentation,Mr A was at the correct address held by the courts, and creditor As no letters were sent recorded delivery, from the courts or creditor, we have no way of verifying the whereabouts of missing documentation. If all the correspondence had successfully made it through Royal Mail, this situation would have been so much different, and avoided immediately In a nutshell, we submitted our financial in/out to creditor, we agreed a payment amount, and term. And started paying. They had a CCJ in place before before we had started to pay them, and whilst we were paying them, and also incurring court fees. Yet, they accepted payments.? Would this be a good grounding for an N244? Im hoping you can help, or knows someone who can assist with advice. There is also a formal complaint lodged with santander, as I was informed that the underwriter would look at the case, as there are exceptional circumstances. Yet, after 1 month of hoop jumping, They say NO anyway. There is also the possibility that this amount, contained an insurance premium, to cover theft of the equipment that the agreement covered. Thanks in advance for taking the time to read this. Cheers Loops:)

I'm trying to complete forms 6.04 and 6.05 to have an SD set aside. I just wanted to double-check a couple of points if that's ok: 1. What do I put as the title on the forms? I assume it needs one as it has (TITLE) stated at the top 2. on form 6.4 do I need to put anything in the date, time and place fields (as below): attend before the Registrar/District Judge as follows:– Date Time hours Place 3) On the section below, is this my name and address needed? (d) State the names and addresses of the persons to be served The names and addresses of the persons upon whom this application should be served are:– (d) 4) If it is my address needed above, what address goes here: (e) State the applicant’s address for service The applicant’s address for service is:– (e) Many thanks, in advance.

Hi, Its been a while since I have needed some advice thank goodness! Right cut to the chase... In 2007 a CCJ was entered by Neslon Guest on behalf of LTSB which I managed to get instalments of £50.00 PM. They then went for a charging order on my property at the time, I went to court and it was discharged as no paperwork, lies etc.. In Feb 2010 it was then Set Aside. Removed from registry trust etc. So I lowered my payments to them to £1.00 PM as a gesture of goodwill and to stop further enforcement. I have now received a letter from Wescots with no Claim Number and (for a balance 300 pounds above the actual Concessionary Arrangement Statement from OC), stating that I am in default of my CCJ-overdue payment and that I have 7 days to pay this default or they will commence enforcement action, charging order,order for questioning etc. My question is do I dig up the grave and send a CCA request to Wescot and a SAR to LTSB ready war? Or do I have nothing to worry about as its been set aside and should report Wescots to the FSA?? Thanks in advance!!

This in relation to another thread I have but just running an idea through my head. Say someone is issued a judgement and later a charging order. 5 years later they discover that the claimant had no right to issue the summons because the debt wasn't legally assigned to them. Obviously the judgement can't be set aside but in theory could the defendant point this out to the claimant with a demand for payment equal to the judgement, which if not satisfied ie by clearing the debt/charging order, the defendant then issues a new summons for the same, on the grounds of fraud by the claimant (letter issued saying debt had been legally assigned when it hadn't been) Am I right in believing that the OC must notify the debtor in writing for a legal assignment to be valid? Also would the original CCA have been passed on to the buyer of the debt at the same time?

Hi after a messy divorce affairs depression and nearly bringing my life to an early end I have finally pulled myself together and I am facing up to my old debts . This is however three years later its taken me a while to feel settled enough to face up to stuff. Upon getting my credit report I have found that I have 2 CCJ's I want to try and get them set aside as obviously these will impact me on getting credit . one is from 2010 the other is from 2011 so they will impact me until 2017 I obviously moved out of my previous address when the judgment's were served back in 2010 and 2011 I had not given these two claiments my new address. I never received any paperwork and I have been in too much of a state to face things like this . They obviously sent the details to the old address. one of them is in the incorrect name Im Garry this one clearly says Barry that could be a different person !! and it is on my credit file (Ineed advice on how to deal with this weather or not I should even bother contacting the person or just ask the court to remove it ? .Im worried if I speak to the claiment I may be admitting the debt or making things worse if I have to pay it back I guess I would but if I dont have to I would rather keep the money I just want to get rid of the ccj and if its in the wrong name I think that goes in my favour ) This debt is from a nursery I don't think I had any contract with them or anything not even sure if they sent me any letters, cant remember all i have is the info on the credit file . The second ccj is from a electrician i hired from a contracting company I had no contract with them I dont think just a invoice. at the time my life was in a right mess they sent me some letters to my old address and the ccj was served there. I want to also try to get this one set aside due to the fact i obviously didnt receive the paperwork and that I was not taking care of my affairs due to all the problems I had going on around me at the time There are no marks on my credit files from these two debts just the ccjs With regards to each of the above what should i do /say with the most likely chance of success. I have learnt my lesson and i just want to try and get them off so I can carry on in the future but this time be responsible and use credit correctly

My situation: Defaulted on considerable debts last year built up to pay for disabled child's care after restructuring at work and an unexpected tax bill. Tax bill being paid in installments until end of next year, takes up all disposable income leaving I got quite depressed and couldn't handle it, but started trying last year and started making token payments to a number of people (once the tax bill is paid it will take ~4.5 years to pay off sizeable creditors). I also told everyone to please not apply for CCJs as a) I have no assets and b) I am an FSA registered person and it could cause me to lose my job For my MBNA card (sold to Varde investments/experto, ~25% of outstanding) I emailed them saying I owed the debt, wanted to pay and put forward payment plan (£1 a month until tax paid, then over 4.5 years balance) in August, also giving details of my new address which I moved to in May. They did not reply, but I got a letter from HL solictors threatening legal action in October (sent to my old address, on the final day of mail forwarding), so I mailed in a copy of my income/expenditure and a letter outlining my situation and offer. They acknowledged receipt of this mail at the end of October, but said they had not received the income/expenditure form and asked for it to be resent. They also acknowledged that they had updated my new address in their systems. I did not send in the income/expenditure/bank statements again as I got caught up in more corporate restructuring (financial sector these days ) Didn't hear anything back from them or about them until my compliance officer came to me a few months ago and asked about a CCJ on my file (!) This was lodged against my old address. I called them and asked for their help setting it aside, explaining the above and saying I'd be happy to do a Tomlin order as I could a) lose my job over this if not removed and b) not be able to move jobs, where I'd been offered two significantly higher paying jobs or get another job (and so probably have to go bankrupt - I am great at my career and rising fast in reputation) They asked for my income/expenditure and said I'd need to sign the tomlin order before it was set aside, as well as pay for the Tomlin order and set aside, so I emailed them in this time, I waited for a bit and then.. They called and said they'd refuse to set aside the CCJ as I had not been co-operative and it was not their fault I may lose my job They also said I did not have enough disposable income, despite me repeatedly stating that all of the disposable income I had was going to the tax man until the end of next year, for them to a Tomlin order. On the other side they said they would accept my payment offer subject to review every 6 months (£1 a month then 4.5 year payment), which confused me terribly, and said they'd send over bank details and they would push for enforcement if I didn't make the £1 payments. I was told by some that a set aside on account of wrong address is up to the judge's discretion, but when I called the national debt line they said as I didn't contest the amount it may not be agreed and I'd have to pay their legal fees? (something I can't do on my Advice of exactly what to do here would be exceptionally appreciated, I have just about pulled myself out of depression and am working hard, but this has put me on edge Sorry for the long post!

hi all, I found out about a CCJ on my credit file when I was rejected to rent a flat. I traced it and worked out they had written to a previous address and this is why I had no knowledge of it. The debt was from 2007 and for £200. I went to my local court and today was told it would be set aside as I had no knowledge of it. What happens now though? I didnt want to ask the judge as she looked a bit mean! lol. She said they would serve notice again to my new address, what does this mean? Will I get an oppertunity to pay it without it going back to court?

I have just received a Notice of Hearing of Application for an order to set aside judgement. The defendant had previously acknowledged service of the claim but failed to put forward any defence within the allocated time frame, a judgement was then made in absence of a defence and baliffs became involved. Hasn't the defendent left it too late to do this? Also, as the claimant - is it necessary for me to attend the hearing as it would be very difficult due to work commitments? (I work in the medical profession and cannot get cover for the day). If i cannot attend is there any point in sending a friend along who witnessed the original events leading to the claim? One final question?! - The notice of hearing i have received is very sparse regarding details - it doesn't state if i need to provide evidence at this stage - is this necessary? Can anyone help with the above? - Advice greatfully received!

I put in a small claim against a builder which was made up of three separate amounts - two were for definite invoiceable amounts relating to replacement of damaged items and one related to my loss of earnings for a day I took off to sort it all out so could be considered less "cut an dried" (even though it's a fair amount). He received a CCJ by default as he didn't respond or defend the claim but then made a separate application to set the judgement aside within a couple of weeks of it being issued. My questions are - - Do I have to do anything or will the court contact me so I have the opportunity to put an objection into his application? - Will I even get to see the grounds on which he has made the application so I can counter it? I would like to be able to submit a payslip, for example, proving my daily charge was fair. I feel that the time for disputing any part of the claim was during 14 day period he was given to respond initially. Everything was done properly from my side so it just looks like a back door way of delaying me enforcing the judgement!

Hello I feel in trouble and hope someone may be able to help. I have an historic debt to Lloyds TSB which is now with a collection agency. I am going to court next week for a set aside hearing where I think the debt is statue barred. I have a letter from the agency stating that the "cause of action" I referred to in a previous letter is the default date of Sept 2006 rather than the last payment made which was Feb 2004 and therefore their action falls within 6 years as their claim was made in Dec 2011. I think that flies in the face of this sample letter from MSE below: You claim in that letter that the debt referenced above is not statute barred as the recorded default date is xx/xx/xxxx. I regret to inform you that this interpretation is incorrect and appears to be a deliberate attempt to mislead a debtor regarding the legal standing of a debt. As such, it puts you in breach of the OFT Guidelines on Debt Collection and in breach of the Consumer Protection from Unfair Trading Regulations 2008. Furthermore, should you attempt court proceedings and rely on such a contention, then not only will this matter be defended in full; it will also be referred to the Solicitors Regulation Authority as a breach of their Code of Conduct. Specifically, as an "attempt to deceive or knowingly or recklessly mislead the court". Am I right? I'm beginning to feel very nervous about this. Is this a decent defence? Background is that a CCJ was obtained against me last year in absentia which is why I now have a set aside case. I have full records from the agency and there is no acknowledgement post Feb 2004. The CCJ that was granted was also followed by a charge on my property. Any advice welcome and gratefully received.

Hi, I'm new to this so please accept my apologies if I'm in the wrong forum. A debt with O2 has been passed to Moorcroft. Moorcroft are now telling me that they have applied to the court for a judgment date because I did not reply to their letter that informed me that this would happen (I don't recall specifically getting that letter). They tell me that they can apply for a judgment by default and that once it's applied for the court do not have to contact me and I have no alternative but to pay the whole amount (approx £340) if I wish to avoid getting a CCJ. They have said that the court will give me a grace period of 30 days from judgment in which to pay the debt, during which time the judgment will be lifted and not show on my record. My question is this: Is there nothing I can now do with the court (I don't know which court it is) in order to put in an offer of payment without the judgment being put on? Many thanks Mel

We bought a Toyota Celica T Sport in August which developed a serious problem on the first day (big end bearing failure). We obtained judgment against the dealer for just over £5,000 in December. He didn't turn up. He then made an application to set aside on the basis that the court staff told him that if he submitted evidence and said he couldn't come his case would be considered on the papers. He didn't give the reason for not coming until the day of the application (both him and his co-director were in bed with flu on the same day!") There was no medical certificate. The form didn't state the reason for non-attendance. He submitted papers to back up the application the day before the application (over a month after applying). Basically, he has broken all the procedure rules for submitting the application. We have an engineer's report approved by the Court to rely on. He has no evidence apart from an MOT, but his case is that we must have broken the car by driving it too fast on the motorway. He has no evidence of this. The judge seems to have believed he was misled by the Court and that he and his co-director were in bed with the flu on the same day, with no medical certificate backup and only mentioned at the last minute. She stated she had not had the time to read the papers at all, would not consider the strength of his case at all and set aside the judgment. We are both shellshocked. My husband carefully followed all the rules of procedure in this case, submitting papers to the court and the defence properly. The defence have broken all the rules but have succeeded in getting our juidgment set aside. The judge in setting the judgment aside did not follow the rules. We purchased the book "Small Claims Procedure" by Patricia Pearl. It deals with making an application to set aside: "The Court may grant an application to set aside the judgment only if the applicant: (a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9 (i); AND (b) has a reasonable prospect of success at the re-hearing" "The form must cover not only the reason for missing the hearing but also why the party has a reasonable prospect of success." Do we have any right of appeal against this decision?

Hi, Great site and very impressed with all the advise. Unfortunately I'm not sure where to post this. As I'm new to this site I will try and keep this brief 3 years ago I had a CCJ registered against me and I ended up paying within 3 months of the judgement, purely because I had a letter threatening bailiffs The original invoice, (from my burglar alarm company), was for the yearly servicing plus for the monitoring. The monitoring is an extra service which I paid for as I used to spend time away from home. I had decided to cancel this service and the additional line required. In June 2008 I received a letter from the alarm company stating that their engineer had advised them that this was not working and I in fact did not want this service and could I reply to confirm. This I did with a phone call and a letter the day I received theirs. Over the next 12 months I kep getting demands for payment and multiple calls to them did not do any good as they simply ignored it. Eventually in Oct/Nov 2009 I received a summons for a court hearing. Foolishly I did nothing as the letter received from them and my reply could not be found so I thought I did not have a leg to stand on. The judgement was made and I paid as stated above. Very recently I found the letters in the loft and now have the proof that the amount claimed against me was not correct, (I did not dispute the service element), and that the company that took me to court had in fact acknowledged by way of letter that this service was not working, therefore they could not provide the service. The invoice by the way was also an advance charge so not something I already had. I have taken some advice but I am being told it is not within the time limits that I should have used to defend myself. My issue is I had no proof at the time but I now do and the company in theory knowingly took me to court for a sum of money it was not due. I have since written to the company pointing this out and requesting a refund of the monies that were not due to them and am awaiting a reply. My question here is can I use this to either defend the original CCJ after so long or even start a new case to have it removed. I feel there is a fault here in the legal system that even though I have concrete evidence, there is possibly no route for me to pursue. There are a number of split opinions on this with advice I have already sought, but I would very much appreciate any help/advice as the CCJ has now impacted me as a job I was due to start has now been taken away due to the CCJ I am keen to pursue this vigorously even if there is a cost attached. Thank you

Hi, My partner received a claim form NICPC on 29th June which stated Welcome Financial as the Claimant and Hegarty as the address for sedning documents. My partner filled in the admission form with an offer to pay £50 per month. This debt was last paid in 2007 when his relationship brokedown with his wife and truth be told, he was not entirely sure that the amount owed was accurate, but just thought it better to agree to pay and get it out of the way. Without any other communication, he then received a Judgment for the Claimant (after determination) saying that the claimant objected to the rate of payment he offered and he was ordered to pay £213.96 per month by or before tthe 23rd August. He then got a letter through from IND saying that he should fill out the attached DD form but as he has no bank account (and I refused to set a DD up in mine) he contacted them and asked for their bank details so I could set up a standing order. They refused to give the bank details and said that he could only pay by DD or Payzone. They sent through a Payzone barcode. He got another letter through on the 1st August saying that the claim had been transferred to our lcoal County Court. He made is fist payment on the 23rd August. Another letter on the 29th August from IND with an attached Notice of Change of Solicitor to say that Welcome Finance are now acting in person. Notice of Application of Attachment of Earnings Order dated 30th August to say that he had not paid. He placed a call to IND who said they could see that the money was paid on the 24th August (was paid 23rd) but did not reach the correct account until 4th September, so he had failed to pay on time. I went to the court to return the Notice of Application of Attachment of Earnings (along with a lengthly explanation letter) with the box ticked that we would like the order to be suspended. The lady in the court said that we should apply to have the CCJ set-aside as we had had no chance to defend the claim. We paid the £80 fee and filed the N244 application saying that he had had no chance to settle the claim or make further offers to pay more money before judgment was given. Yesterday, received a General Form of Judgment or Order saying that his "application to set-aside judgment will be and is hereby struck out unless by 26th September 2012 the Defendant files in court and delivers to the Claimant a fully particularised draft defence to demonstarte that he has grounds for defending the claim. The details in the application to set aside judgment do not amount to a defence to the claim." Can anyone help? Do we have a defence, or was the lady in the court mistaken? Are they likely to grant the attachment of earnings even though we have proved (and provided receipts) that he did in fact pay on time? He has now made another payment (early) as well? Thank you.