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Found 115 results

  1. Hello all, firstly, I want to thank anyone for their time and advice in helping me with this matter, it is truly appreciated. In 2013 I took out a mobile phone contract while at university. Due to a number of factors, I withdrew from my studies for two years, and moved from the UK. I had severe financial issues and neglected to make my phone payments during this time. I subsequently returned to university in the UK, and very regrettably, didn't think about the phone contract again. During the time I moved addresses numerous times. To make a long story short, a CCJ was issued to a previous address. I was renting a room from my friend at that address, but had moved out when it was issued. The CCJ never reached me, and only after checking my credit this week did I discover it had been issued (which was sometime in March of last year). I have done a lot of research on what to do, but it seems like although I never received the CCJ, I should have updated the creditor with details of my address changes. Being young and dumb, I didn't take the steps I should have and now I live to regret it. My question is thus: I have not paid the CCJ yet. What steps should I take? I have read about agreeing with the creditor to set aside the CCJ, but what are the steps involved in this? I have also read that the court will not necessarily agree to set it aside, even if the creditor consents to this. After many years of university, and overcoming a lot of personal obstacles, I hate to think that because of this CCJ, I will not be able to pursue the career I have studied all this time to go into (which is a career in the legal sector, which I will not be able to enter due to SRA checks). Again, I truly appreciate any help with this. I'm pretty overwhelmed, and pretty gutted to say the least.
  2. Good evening and thank you for this amazing forum It is a case for 5k where i am not sure whether to try and point out something or not in the hearing for setting aside judgement I am the claimant. the defendant replied their defence to an incorrect email address and therefore i was awarded default judgment as the court did not recieve their defence in time. the defendant sent an email to one of the ccbaq email addresses which was not the correct email address for filing a defence. in the atutomatic reply it said not to duplicate the email as it wastes court time, so they did not send through their defence through any other avenues. now the other side wish to set aside judgment. there is a hearing soon to set aside judgment their defence is totally wrong as they have gotten totally muddled up. in the past I had had a seperate issue with the defendant which was resolved and their current defence basically says that i had resolved the current case and therefore cannot claim again. so the defendant has muddled up the two cases as it is clear as it is a seperate case which was resolved. my question / dilema is should i try (option 1) stop the defendant setting default judgment aside and show why the defence is totally flawed. if i win the hearing to set aside judgement on the grounds that the defendant has no prospect for success in their defence, then that would be great... but i will probably loose as they have got quite a good excuse that they sent the defence to a mistaken email address. they will claim that there was a valid reason in missing the deadline for submitting a defence. in this scenario where they will win the hearing for setting aside judgement, they will fix their defence for the proper hearing later on. as they will realise that in their defence they had muddled up the two issues. or my second option (option 2) should i allow them to set aside judgement without disclosing why their defence makes no sense and save it for the final hearing where i will prove that their defence is flawed. but i may be accused of obstruction of justice by not pointing out that the defendant has made a simple mistake of muddling up the two issues. I am very grateful in advance for replies kind regards
  3. Having looked at partners credit file Lowell got A default ccj last year Paperwork sent to old address moved out just over 6 years ago. Forms filled for set aside hearing date end of this month. Lowell have e-mailed today We refer to the above matter and in particular your application to set the judgment aside which has been listed for hearing on ## november 2018. Upon consideration,our client is proposing to consent to the judgement been set aside and has instructed us to prepare the attached draft consent order for your consideration.we should be grateful if you could sign and return to us by e-mail if possible or post. Once we are in receipt of the signed draft consent order,we will also sign it on behalf of out client and forward this to the court requesting that the hearing vacated. Should the court approve the draft consent order we should be grateful ifbyou could provide a copy of your defence so we can take instructions. Once this ccj is removed if they send a new claim where would statue barred come into play Did the default ccj stop the clock and restart once removed? It was a shop direct account around 450 so not a big amount last payment would of been early 2012
  4. Hi I've been getting a number of letters from different debt companies and i stupidly ignored and even stopped opening them. I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill. I however suspect that this debt might be over 6 years as i remember getting into financial difficulties and defaulting when i was on maternity leave six years ago. I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take, but am not sure who to contact regarding how old this date is. It was originally with Lloyds bank and has been passed to different companies. They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet. Any advice on what to do is very much appreciated.
  5. I received a General Form of Judgement or Order dated 23.11.18 on 27.12.18. I have now missed the chance to pay this in full within one month. I filed a defence but did not attend the hearing, I didn't know I had to attend. I called the court on 6.12.18 to find out the outcome, I was told it was with the orders team being typed up but they had a 6 week backlog. Can I apply to have it set aside?
  6. Hello, I was completing a credit check after being refused to get a specific type of finance and to my horror I found out I had been issued a CCJ on the 2/10/18. After ringing Northampton they informed me that the CCJ was issued over a parking ticket issued on the 30/01/17 by JD parking. correspondence to do with this had been sent to a previous address, and even when I was living at this address at the time of the alleged incident I never received any letters about receiving a parking ticket. Now the location that this occurred was at my friends flat where he has a parking permit that was in my car at the time. I have received the evidence from JD parking's solicitors and there are a few reasons why I think their evidence is not credible, firstly the photo of the windscreen is not a full photo and has clearly been taken to omit the parking permit from the photo, the timestamps on the photos have also clearly been manipulated and added after they were taken - the timestamps state it is 22:45 yet in the photo you can tell it is the middle of the day, not that the time makes a difference to being allow to park there it just shows they are not credible. (if anyone wishes to see the photos I am more than happy to share them). I am on the electoral role and I pay council tax and many other utility bills so I feel like they have not even tried to find me in my absence of a reply and just let it all happen. I know I need to fill out a N244 form but I need help to make sure I complete all the sections correctly and that I have a strong chance of being awarded with it being set aside My hopes is that I can get the money for the N244 for back from either JD parking or their solicitor and also having their claim thrown out for being absolutely false. After reading the guide on this site I should also contact JD parking and ask for their consent to set aside? this seems bizarre because they are surely going to say no? I am looking to be applying for a mortgage in the next few years and fear that this will seriously affect my chances of being successful, so thank you for all and any help. This is a template letter I am going to email to JD Parking to get their consent to set aside the default judgement. "Dear JD Parking, Reference: Claim xxxxxxxxx JD Parking v xxxxxxxx Your Reference: parking ticket ref from POC I have recently become aware of a County Court Judgment in Default obtained by yourselves/your client on 2nd October 2018 for an alleged private parking charge from 30/01/2014 for Vehicle Registration xxxx xxx. I am writing to request JD Parking/your client consent to set-aside the Judgement. I am currently drafting my formal application to the court to request the judgement be set-aside pursuant to CPR 13.3 for the following reasons; 1) According to your Particulars of Claim in the case the alleged incident took place on 30/01/2017. At this time, DVLA records would show that the vehicle xxxx xxx, was registered at my current address, with myself as the registered keeper. 2) I have never received any communication from JD Parking and was entirely unaware of any Private Parking Charge being made against my vehicle until finding the CCJ registered against me when checking my credit file, and obtaining copies of the original claim and judgement document from the court. 3) After reviewing the evidence received from your solicitor it is clear that I should not have been issued with a private parking charge, I had a permit to park where I did but that was blatantly omitted from the photo taken of my car parked in the bay. The time stamps have also been manipulated and added on after the photos were taken, there is no seconds displayed and the time stamps state it to be 22:45 which is clearly wrong as it is broad day light outside, this proves your evidence is not credible enough to have served me with this private parking charge. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added that In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address. I therefore request you/your client consents to set-aside the judgement and provides me with all documentation / information relating to the original parking charge so that I may consider my position. Had I received the original charge it is likely it would have been settled immediately. You will be aware that this application without consent will cost a £255 court fee. As it is your/your clients failure to take reasonable care that any letters and the subsequent court claim were issued to the correct address I will be asking the court to order you/your client pay the costs of the application along with any further costs allowed by the court. I look forward to hearing from you/your client within 7 days after which time I shall be submitting my application to the courts. Yours sincerely xxxxxxxxxxxxx"
  7. Hi All, Need a bit of advice. I checked my credit file and found a CCJ had been registered by default against me for an outstanding debt to our previous gas supplier ( I shall call them M-Power for this discussion but you get the drift of who they are). I contacted the court help line and was given the solicitors info who applied for judgment. I didn't receive any info about the ccj so I told them I was going to request a SET Aside of the cci as I wasn't aware. The solicitors agreed to this set aside even though the debt wasn't paid but providing I entered into Tomlin order. Anyhow I received a court date about the set aside and I went along to say my bit. The solicitors didn't show and the judge agreed to my request. Now this is where is gets a bit weird. The judge said that although he has granted the set aside he has to give the claimant 14 days to submit any amendment of claim? after which if they domino reply then that's that. The court hearing was on 03/10/18 and on the 20/10/18 I receive a letter from the court advising that the judgment was set aside but the claimant has until 04/11/18 to submit any defence or amended claim. surely the 14 days would start from the court hearing and not 17 days after? Also today I received 2 letters, one from the solicitors advising that they have submitted the info to the court on 02/11/18 requesting an amendment to original claim and also costs. But on the same day I also received a letter from the courts advising that the CCJ is now completely set aside and that that's that? Sorry for the long post but need to know where I stand. Thanks
  8. I applied for a flat last week, and their credit check showed that I have a CCJ against my name. Apparently, it was registered back in 2014. I am not sure if it was a deafult judgement or not, to be honest. Can I still apply for this to be set aside? If so, how do I go about it?
  9. Hi All Received a letter from Mortimer Clarke today regarding a debt to Cabot Financial. Letter claims their client obtained a judgement against me on 04/02/2016. First paragraph says "Because you have failed to pay the judgement debt in accordance with the terms of the judgement our client is now entitled to take action to enforce the judgement order against you. Our client has instructed us to apply to the County Court for an Attachment to Earnings order to be made against you." Final paragraph says "If you do not contact us within 7 days , then our client has instructed us to apply for an Attachment of Earnings Order against you." Notes: 1. I have checked Trust Online for my current and previous 3 addresses and there are no ccjs registered against me. 2. I did not receive any correspondence threatening to take me to court, advising I was being taken to court or asking if I wished to defend and finally I did not receive a judgement. 3. The letter makes no mention which court they obtained the judgement from or any judgement reference number. 4. The debt is from 2007 and I believe it may well be statute barred now. Can anyone provide any thoughts or advice on how I should proceed at this point? kind regards
  10. I currently have a CCJ against me that was entered into by default judgment in 2014. The initial court paperwork was sent to an old address but was passed onto me, I did submit a defense but it arrived a day late and was struck out and judgment was entered into by default. I was recovering from a serious illness that affected me both physically and mentally and didn't have the capacity to be able to deal with it at the time. The Timeline is as follows: 2010 Default on credit file 2014 CCJ Default Judgement 2016 Default was dropped from credit file but CCJ remains 2018 I sent letters to the claimant and solicitors asking for proof of claim Claimant: Arrow Global Limited Solicitor: Shoosmiths Particulars of Claim: 1. The claim is for the sum of 7545 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank PLC under account number XXXXXXXX upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Sainsbury's Bank PLC and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitorson : 0113 823 3850 In January 2018 I wrote to Arrow Global Limited at the address on the claim but my letters were returned undelivered. In February 2018 I wrote three letters to Shoomiths, I have proof of these letters being delivered. The first letter: A formal request for them to supply me with the credit agreement mentioned under the particulars of claim under sections 77-79 of the Consumer Credit Act 1974 The second letter: A subject data access request. The third letter: Request for documents mentioned in the statement of case under CPR 31.14 1. The Agreement 2. The deed of assignment 3. The notice of assignment 4. The default warning letter 5. The default notice I gave them two weeks to send me the above. I received a reply from Shoomiths a month later, they complied with the subject data access request and responded to my letters. In their response they stated the following: They confirmed that they have requested the following from there client Arrow Global Limited: 1. Statement of Account 2. Agreement 3. Notice Of Assignment 4. Terms and Conditions They stated that Arrow Global Limited has been assigned the debt pursuant to the Law of Property Act 1925, they stated I am not a party to the agreement and I am not entitled to a copy of the Deed of Assignment, They said that any other information I have requested to be disproportionate and that they do not agree with my timescales and will contact me again once they have received the documents. It's now 4 months later and they have not provided me with any documentary evidence to substantiate their claim. I am hoping to now write to the court stating that I have requested the evidence of the claim, I am yet to receive any and propose to set aside the claim on those grounds. Any advice on how best to proceed here welcome. If they are unable to prove their claim then surely there is no claim? I need some help and guidance on approaching this in the best possible way. Many Thanks
  11. My first time, so hope I am posting this in the right place? I've got a judgement set-aside against (hey!) Hoist Portfolio regarding an old Barclaycard debt (last payment made August 2011). Judgement was yesterday afternoon (6/11/2017) and now I have to launch a defence regarding BC mishandling of my original offer to settle in first quarter 2012. they ignored all communication from my solicitor and sold the 'debt' on to MKDP without telling us anything about it. Being that BC owed my nearly £8k in PPI at the time, (this was pointed out by my solicitor) and they went on to sell the whole thing on as a bundle, I said in court yesterday that I felt they had mis-sold the debt to the DCA. Once the PPI was deducted it brought balance down to just over £5k - is that how it works? I'm not sure. Has anyone got as far as this, and what is your experience? The Judge told me to get in touch with the CAB. If I keep using my local solicitor I'm going to be out of pocket very quickly, even though she's been the most useful person so far! By the way, Hoist Portfolio were asking for over £20k when my research suggests they probably only paid £120 for buy the debt off Robinson Way/MKDP/Barclaycard. Your thoughts and experience welcome - are CAB the right people to deal with this? Fanx!
  12. Hey folks, I took a small business to court because I believe there's strong evidence that their work damaged my car. At the initial hearing the court hadn't issued the letter telling us we needed to exchange evidence, so we were dismissed with a date to exchange evidence by (within a month) and told to return another day on a date set by a letter that would be sent out. That hearing cost me nothing because I was in a two week holiday. I receive a letter with the new hearing date on after a few weeks. Some time goes by and that month deadline for evidence arrives. I receive an email from their solicitor (I'm acting for myself) to request a one week extension, which I grant. A week later, on the deadline, I receive an email copy of the evidence. Hearing date arrives and they're a no-show at court. Neither them nor their solicitor arrive. I'm taken into the room half hour late, during which I offer to call the other party to ask where they are - the judge tells me it's their own responsibility to be there. He decides not to take oral evidence but makes judgement based on both written statements. I win. Almost a month goes by when the letter arrives that I've won and how much I'm owed. Two days later I get an email from their solicitor - they never got the letter with the court date on it. They want me to set aside judgement, presumably so we can go to court again. Now, I have several issues with this. Firstly, I'm self employed so my business lost a full day of income at that second hearing. A third hearing will cost me another full day. I can't claim anything for it as there's no evidence I lose personally - my business does. Secondly, there was a week shy of three months gap between that first and second hearing. Surely any solicitor would enquire after a month of the first hearing when the second one is going to be? Why would you wait three whole months when the second hearing is obviously going to have taken place? I don't mind that they want to face me in court. I mind they didn't turn up in the first place. Another day in court means my business income loss would equate to 39% of my claim, which I feel is getting a bit excessive. So before I say no or yes - what should I do?
  13. Hi guys, Mid February I was issued with a CCJ after moving house and not receiving the court documents. I have spoken to Citizen's advice who have discussed with me the possibility of a set aside and have sent me the court forms to fill in. I know that I need to act promptly and get this sent off but was waiting to speak to the claimant. I spoke with the claimant's Solicitors and we came to an arrangement for me to pay all money owed and for them to consent to set aside. They were very nice about this after speaking to them and hearing the issues I'd been dealing with and why the debt wasn't originally paid. I have just received a document through the post from them but it is in fact a TOMLIN ORDER, although it does state it it that they wish for the CCJ to be set aside due to sending the forms to the wrong address. I am to sign to agree to the full payment and send back to the claimant. I have been looking up what a TO is, but all information seems to state that it is something used BEFORE a CCJ is issued so I'm just a little confused. If I send the signed TO back will the claimant and court then deal with it and I wait to hear from them? I think that's what it says on the document. Do I still need to send my own N forms to set aside to the courts as advised by citizens advice or does that not need to be done now the claimant is sending the TO themselves to the court? Also, I saw the below comment on another thread on this forum in which someone was able to get a set aside but only after initially being rejected. Is the following true and more likely to be set aside? "In hindsight and a better chance of having the consent order approved would have been to engage a solicitor to send it for you. The court can deal with consent orders as an administration process without involving a judge but that's only if both parties have legal rep." Very confused. Any help appreciated. Thank you
  14. Hi I recently became aware I had a CCJ for an old capital one debt. The debt had been passed to Lowells some years ago so I presume it is they that applied for the judgement. Judgement Date: 04/06/2015 Amount: £1782.00 I am pretty sure the above debt was statute barred at the time this judgement was received. Reason for this is that I stopped paying this and another debt with Barclays at the same time. I received a CCJ for the Barclays debt in 2011 at least 2 years if not more after I stopped paying, it may have been longer I am not sure. My question is when would the statute bar time start? Is it the last payment date made to Capital One. I have already looked up the template for subject access request and intend to do this tomorrow. As I realise I will need evidence to show to a court. Any advice or pointers welcome Thanks
  15. Hello, I recently found out I had a CCJ when I received a notice from the bailiffs. The notice was sent to my current address but turned out that the CCJ was sent to an old address. I immediately contacted the county court where the order was given and a very helpful court clerk told me to what to do. I completed the required form to stay the high court action and requested hearing to set aside CCJ. I now have a court date in April for set aside hearing Background ------------- I had been in dispute with a previous employer from around early 2014 where they claimed they overpaid my salary after I left the company. I disagreed with them and asked them to prove this other than with an itemized list of payslip transactions that made very little sense. They later passed the debt collection to a firm of solicitors after a few months. I argued that the payment made to me was as a result of monies owed from share options and other schemes I was part of when I was employed and which had to be liquidated when I left. We have been going back and forth on the issue for over 2 years mainly by email communication. During that time I moved to a new address. On a number of occasions during the email exchange, I referred to the fact that I had changed address - not explicitly - but in statements like " I have just moved house and my papers are in the loft" etc. in July 2017, I got a letter through the post at my new address to check my address, I called back and left a message on VM saying Yes I had changed address. I didn't hear back and the next thing was the bailiffs notice I received in December for CCJ issued in September. My argument for set aside was that the claimant knew I had changed the address so had no excuse for sending the claim to the wrong address. The bailiff was able to get my new address. I also mentioned that I called them to notify them of change of address when I received a letter asking me about it. I also stated that we had been in dispute for several months and I believe that given the opportunity I would have successfully defended the claim. After I had put in the set-aside application, I requested a copy of the original claim. The claim stated that I was overpaid salary in February 2014. This is one of the arguments, I had with them. I had shown them a copy of the payslip for February which showed the payment from the employer of the sum total of £247. They stated I owed £2400 or thereabouts. In one of the correspondence, they had agreed that they made a mistake about the month and it was in fact April. THis is correct. I.e. Money was paid in April 2014, but I disputed what the payment was for. In the claim used to secure the CCJ, they have repeated February 2014 as the date overpayment took place. My question is whether to just stick with the fact that February 2014 was the date stated in the claim and I can easily prove with bank statement and payslip that they did not pay me the sum in February. Will the judge allow me to introduce evidence not mentioned previously? Since I was unaware that they were repeating the previous pay date of February, my defence put forward on the N226 was that we were in discussions and they had not proven that I owe them the money. I also offered to have the matter mediated by a body like ACAS to get the matter resolved. If successful, can I claim the cost of N226 and litigant in person? Many thanks for staying with me so far and look forward to your words of wisdom.
  16. Hello! This site has proven of great help. I am posting here on behalf of my nephew. to cut it short, nephew was supposedly parked in an Ibis hotel car park and was not a guest. Received a ticket from Civil Enforcement Limited . He ignored it because it was not his vehicle having repeatedly told them. As a result, they took nephew to court. He was able to set aside the judgment because the claim form didn't specify what the amount being claimed for was and also, it was not signed by a 'person", but by a company. I accompanied him to court and the judge set aside the judgment. Nephew received a letter following on from court hearing where it said: 1. The judgment against AU dated 27th Nov be and hereby set aside. 2. Claimant to file and serve a fully particulated Particulars of Claim by the 5th March 3. Defendant to file and serve a defence by the 19th March 4. Direction Questionnaires by the 9th April. Nephew spoke to court and they advised C's have not filed a particulars of claim. Question is - should nephew still file his defence? AND Can he counter claim for compensation? Many thanks, Jay
  17. I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks!
  18. posted on behalf of a friend after checking her credit file because she was turned down for credit. it showed she had a CCJ. and has applied to for courts for it to be set aside on the basis she knows nothing about it today she has received a letter off cabots solicitors confirming it was for a mobile phone and papers were sent to previous address. it states that the is no prospect of setting this aside and invites her to withdraw her action whats the next step https://www.photobox.co.uk/my/photo/full?photo_id=10030744201[/img]
  19. Made an application to set aside a judgement for a CCJ from a company called MOTORTRADES.CO.UK. Received a letter from the court yesterday stating hearing had been set for July 28th 2017 at 3.40pm allowing 20mins for the hearing. I suffer heavily with anxiety so was wondering what to expect at the hearing, the company involved I have found out has since closed up shop so doubt there be any resistance to the set aside application. I have also found loads of complaints on this company online where they have conned people into setting up advertising and websites but not actually done as they had claimed. Loads of examples easily searched and printed off.
  20. I have a case with PRA, made a CCA request for information and deeds of assignment, they only write a letter to say they have requested for the information from OC and the deeds of assignment is a confidential information consisting of their business secret, but they agreed in the letter that they will bring it to the CCJ set aside hearing but they said they will blank out confidential info. What defence options do I have in this scenario ? No CCA request was honoured What happened in case the deeds has been altered as stated Also the fact that I have not been given opportunities to review the document before hearing ? If they are challenging my set aside application, I have not been presented their WS?
  21. Good evening everyone, I have a CCJ for a debt that has a default date of Sept 2011. The CCJ date is March 2015. I understand that the CCJ will remain on file for 6 years. However, make yourself comfortable, I was out of the country when the CCJ was issued. I have rarely worked in the UK for the last 10+ years and when I don't work I travel/survive. I can clearly show that for several months before and after the CCJ date I was not in the UK. Based on this I want to have the judgement set aside. If I wait a month and if this is successful, will the debt be too old and drop off my file? I have had other debts removed from my file as I had no contact with them for over 6 years. Honestly, I'm a little giddy, I can't believe it. Post was with binned or not at the place I stayed. I would stay in the UK for a few days before leaving again. So there are two outcomes? If the court upholds the judgement I have to pay the debt. If the court sets the judgement aside will the limit have passed and the debt removed from my file? Your thoughts and advice please warmly appreciated. B
  22. guys what are the chances of getting a CCJ set aside due to the DCA admitting in court that they do not have a credit agreement? sorry for the lack of info, I'm in the process of gathering information as I am in a position to challenge the CCJ now thanks a lot
  23. I am a homeowner who moved to Canada last year. I had a tenant at the property and set up temporary redirection which ended in a February 2017. I missed a January service charge / ground rent payment and within a week or so, my account was referred to solicitors. I became aware of this because I received a redirected mail from the solicitors. I immediately called the solicitors, informed them on the phone that I was now resident in Canada but would make immediate arragements to pay. I requested a breakdown of charges as well as the option to pay in instalments. They asked for my email address and sent me a breakdown 2 days or so later. I responded to the email requesting for a payment plan and fee waiver and they wrote back insisting that though no longer resident in the UK, I still owed them the full amount ( I never disputed this). I accepted to pay the full amount we negotiated by email - I proposed, first 7 monthly instalments which they rejected, and then 4 monthly instalments, but they insisted on either 3 monthly instalments or permission for them to approach my lender, for a fee. I insisted on my proposal as it was what I could afford. A few weeks after they rejected my payment plan and said they would 'now take legal action', a default ccj was entered against me. I found this out shortly after I returned to the UK in April. I applied for a set aside on the basis that I was not resident in the UK when the claim forms were sent and never received them and hence couldn't put in a defence. More importantly, the claimant was already aware that I was not resident in the UK at the time. The hearing was held between myself and the claimants solicitor, and the judge rejected the set aside request saying that while he could set it aside, he did not agree that I wasn't properly served, and as such he would not set it aside. Rather, he said he would allow instalmental payment - the same monthly amounts that the claimant had previously rejected.. Given that I had informed the claimant that I was no longer resident in the UK as required by law, and that knowing this, the claimant had the forms sent to an address that they knew I was not residing at, it does not appear that the judge gave this consideration the seriousness it deserved. I would like to know if there are any chances of successfully appealing this.
  24. Here's a good one. I send a letter of claim to the Defendant, a company, on the 5th of December 2016 which is ignored. I sent a follow up letter on the 31st of January which is ignored. I issue proceedings on the 27th of February which are deemed served on the 3rd of March. The Defendant files an acknowledgement of service saying they will file a defence within 28 days of service. They fail to file a defence. I apply for judgment on the 4th of May and judgment is issued on the 5th of May. Defendant pays judgment on the 22nd of May. Defendant writes to me on the 22nd of June saying that they want to overturn the judgment as they always intended to file a defence. Defendant says they will sue me for the judgment money unless i accept their offer of paying them back 75% of it and the entire thing is wrapped up in a Thomlinson Order. Incidentally, despite all this, the Defendant continues to do the wrongdoing I sued them for. What do people suggest I do?
  25. Hi all, It would be literally life changing if you can help with this one! Last year I checked my credit file and found I had a CCJ. The claimant was the managing agents for a flat I owned, the amount £1314 and it was registered in November 2012. Being a bit worried about the word CCJ I paid it immediately (Dec '14) and then set about investigating it. It turned out that despite notifying them of a change in correspondence address (I moved out and tenant moved in), they had been writing to the flat to notify me that my standing order for ground rent wasn't set up properly (I think after changing bank accounts). The tenant, I'm sure thinking he was being helpful, kept my post safe for me until he moved out!! The pile was nearly 1m high when I eventually reclaimed it! After a bit of internet investigation I figured I had grounds to have the Judgement Set Aside by Consent - I spoke to the claimant and they agreed to have it set aside they got their solicitors to issue a "Consent Order". I sent this with the correct forms and my own explanation of events to the courts along with £50. After 10 days or so I received a letter back from the courts telling me that my application had been rejected as the judge felt my application amounted to "credit repair". It went on to say that the judgement was paid and would be marked satisfied on my credit file. Fair enough I thought... That was until I recently applied for a mortgage and the underwriter informed me that I was "out of policy" until the debt had been cleared for at least 3 years. You can imagine how frustrated I am now with hindsight that the judge had felt it necessary to reject my application. Why would ANYONE want a judgement set aside if it wasn't to repair or reset their credit?! Surely he should of considered the facts rather than base his decision on opinion?! I paid a debt as soon as I found out about it and I've ended up with a 3 year sentence - you'd get as much for aggravated assault! I've spoken to the court again and despite it being longer than 7 days, I can apparently fill in a different form and send another £50 to appeal the judgement. My question, albeit a little long-winded, is: what chance have I got of winning an appeal? I don't want to throw another £50 at this and end up with the same result BUT if I knew I could get it set aside, I'd happily pay a hell of a lot more! If someone thinks they might be able to help, I'd happily pass on any documentation I have. Thanks.
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