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  1. Apologies in advance for the long post, but I hope someone can advise me on this matter ASAP. I bought a car on hire purchase in 2009 from Ford Credit. Since becoming unemployed in early 2012, I have not been able to make regular payments on it. The debt was, at some point, sold on to a company named LINK Financial who, in June 2013, made a claim in the county court. I went for that hearing and explained my circumstances to the judge who gave me a grace period of three months during which I was to make payments of £50 pm, and then have the case reviewed. Unfortunate
  2. Hello A friend of mine let a DCBL bailiff into her home ( it was 6am, they looked like cops and they pushed into the doorway when the door was opened) They waived a Writ of Control to justify entry and refusal to leave. They now have a list of goods under control - one of these is a computer. While I understand they can take the computer, what is the status of the data stored on the machine? In the meantime, I've applied for a N244 to create a payment schedule as she is vulnerable on health grounds (also the reason for not being able to pay the original CCJ that started all
  3. Hi - asking for my sister who is a disabled adult (mental Health). She has received a judgment by default CCJ from Home Direct, she doesn't remember receiving the court pack, nor is it something I have seen when visiting - as she usually gets me to read through things for her. Now she owes the money, no doubt about that. And up to 2016 was making regular monthly payments to a DCA when the agency changed to the current one. She has tried twice to set up the plan again, only for them to not reply, and send a standard letter again a few months later. She
  4. On friday (12/05/2017) I recieved a letter from court containing general Form Of Order saying: The date on the order was the 20 April 2017 but the the date on the covering letter that came with it is 05 May 2017. I didn't receive the letter till the 12 May 2017. The background to this case is as follow: Around 2008/2009 due becoming unemployed, Halifax got a suspended possession order against my property. I managed to to get back into employment and kept up with the payment terms and eventually the arrears were rolled onto the mortgage. Unfortunately i
  5. Hi, I had judgement made against me as I could not attend court as my father was taken very ill. I did advise the court before the hearing, but they still found against me. The judgement was for a deposit paid, where the terms clearly stated and were signed by the claimant, that it was non refundable if the claimant did not send me the correct financial information as he had stated that he initially had to hand. Is it worth me entering a N244 quickly to reshedule a hearing, i have to pay £255 for this, so wondered what my chances were of being successful. The claim is
  6. Apologies if this has been posted to the wrong forum. I have filed an N244 on behalf of someone I know, just received a N271 Notice of transfer of proceedings. the problem is it has been transferred to a court absolutely miles away can I get it reassigned to a more ocal court?
  7. Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact. They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made). Restons do not know I have this evidence
  8. 10,098 in arrears on a 35k mortgage. It's my parents mortgage, they've had a warrant for possession. They offered Santander 18 days ago a proposal, they look 14 days before they acknowledged it and I went higher. Eventually they turned it down because of constant promises to pay missed payments etc. They've left us with 5 days to find a solicitor 2 of which are the weekend. My dad has been off sick for q considerable amount of time, meaning they only had my mothers state pension coming in. He was tired and signed off tests revealed immune thrombocytopenia. He's still on medicat
  9. This is a long story so quick summary is as follows; In oct 2014 i got a ccj for unpaid business rent made against me it went to a collection agency and i set up monthly payments then defaulted in jan this year it went to court enforcement services ltd and finally an enforcement officer visited on 6/7/16 I told him i couldn't pay he then managed to get me to sign a controlled goods order on my husbands car(stupid i know) and told me to pay £500 the following monday. i rung payplan debt charity and after going through my finances they advised a DRO but i cant get it until the CGO is
  10. On form N244 there is a question (4) which asks "Have you attached a draft of the order you are applying for?" What is a draft order? Question 3 asks "What orders are you asking the court to make and why?" and I have written that I want the default judgement set aside and given the reasons I think it should be set aside. Does question 4 relate to this? Is it just a more in depth expansion of this or is it something completely different? I have searched on the internet and found conflicting answers to this. Some legal websites I have read say a draft order should be attached whil
  11. Hi all, I am a complete mess and in need of your advise pretty please. Two days ago I was rejected for credit and therefore checked my file- A CCJ had been ordered on 24.02.2016! from CEL. I received first correspondence from them on 20.01.2016 relating to a date in May 2013- clearly I had to try and recall that date in question as it was three years previous. I was also cautious of the fact it could be a fraud type letter and didn't act. I then received another on 12.02.2016 stating the charge had gone up to £220 and after pinpointing this was a car parking fine I cont
  12. If a person receives notification of a County Court judgment that they had not known about, (normally because the summons etc had been either sent to a previous address or had been incorrectly addressed etc) then they can approach the court to request that the judgment be 'set aside'. The procedure is outlined in the following 'Sticky'. http://www.consumeractiongroup.co.uk/forum/showthread.php?454644-What-Form-What-For-Where-does-it-go An application to 'set aside' the judgment or to 'stay' the proceedings is made on a court form called an N244 (known as a General Application).
  13. Hi all, Hoping somebody may be able to shed some light on my question.. I have a judgment against an individual. I have come to realise his name is misspelt on the judgment. Have been advised by the court to make a formal application to correct this using an N244 form 'Notice Application'. My question really is regarding what court fee I am supposed to pay. Ive read the official fee guide but it doesn't make it very clear regarding this type of application. Any thoughts? Ive already emailed the courts to ask but thought somebody may have the answer
  14. Hi, I'm currently in court with a dealer due to a fault car being sold to me. We've both been told by the court that we need to fork out £750 between us to gather expert evidence to determine if the car was faulty before 6 months of purchase or after. We were told by the court that if we can't agree on an expert to look at the car then the court would chose for us. After talking to somebody at the court yesterday i've now been told that I need to fill out an N244 form for the court to choose for me and this will cost £155 to do so. Is this correct or can the court just pick one for me?
  15. Hello. I have recently ran a credit search to have a look at my latest history credit history, only to come across a county court judgement dated 28/10/2014 for £1410. When investigating this, it was for a bank account that defaulted 18/04/2008 for £1227. I was aware of the debt, as it affected me getting finance for 6 years, but I wasn't aware that the company was still chasing me. I moved house in January 2014 and haven't received any recent communication from the DCA or the County Court. I was also under the understanding that the debt would be statutory barred as
  16. Hi All, I had applied for TE7/TE9 application recently for out of time witness statement towards a PCN, which got rejected. I intend to file N244 for a review of the decision and needed advice in relation to it, which will be much appreciated. Overall issue- -> 2 PCN from London Borough of Redbridge with contravention date 10th and 12th Feb 2015. -> As per claimant witness statement for both the PCN - NTO 18th FEb 2015 - CC on 24th Mar 2015 - OR/WS on 15th April 2015 - WoC on 28th May 2015 - SD out of time on 19th Aug (1 day before it I got t
  17. Hello, I hope someone here can help me. After having fought eviction successfully 4 times we have again fallen behind with 2 payments on our suspended repossession order, this time due to urgent works (collapsed drain) that had to be carried out whether we wanted or not as it was backing up into the house.We can prove that with paid invoice. Long story cut short we want to put an end to this vicious cycle and sell the house ourselves, having had estate agents here over the weekend confirming that the house is worth more than we owe. And they think it should sell quickly because apparently
  18. A CCJ has been set against me while I was abroad by the Northampton county court. The judgment was made in February 2015 I have been living in Paris since September 2014. I only found out about this after I checked my credit file. The amount is for £609. I intend to have this set aside by making a N244 application. At the moment I am thinking that I will base my defence on the fact that I was not served the court papers due to the fact that I didn't recieve the court papers as I am living in Paris. So I wasn't given the opportunity defend or dispute the c
  19. Hi CAG, I realise I am leaving it a bit late but can anyone check my attached witness statement which I am hoping to take to court tomorrow with my N244? I have blacked out my name and other details for obvious reasons.
  20. Hi, as it seems is happening far to often reading through this forum normal people are suffering at the hands of the almighty councils of our country and at the hands of lying bully boy bailiffs.... If anyone who understands the process better than me could offer some advice I would be eternally grateful! Here is my story: I got a PCN PCN removed from my windscreen so I never knew it occured(Kids seem to find it amusing to put them on other cars where I live ) I have been apparently been sent various Notice to Owner letters but Just after I got this ticket
  21. Hi there, I have read the previous posts regarding the N244 forms and the process but i'm still unsure why my case has been declined at the court officer stage. I had received a PCN from the LB of Hackney back in September 2013 which I appealed against and was declined. I then forwarded payment via cheque on the 28/12/14 for the fee of £65. This unfortunately was not sent recorded delivery as i had intended as my son had sent it using normal royal mail postage (lesson learnt, do it myself next time!). However, on my return from my holiday in Feb 2014 I had a further notification
  22. I've spent a couple of long evenings searching the forum and reading threads but havent been able to find anyone with quite the same situation, so I thought I would sign up and make my first post to ask for a little help regarding a CCJ, bailiffs and the correct way to handle an N244 application. My situation is that I left the UK about six years ago, got married and now live and work in eastern europe (EU member state). I have only now found out that a CCJ has been made in my absence for an old final mobile phone bill I was sure I had paid when I was emigrating. Its possible that I could
  23. 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.
  24. Hi all, I've been fighting a case with Optima Legal over the past 4-5 months. To quickly bring everyone up to speed, heres what has been happening. CPR 31.14 request sent 7/11/2013 Extension agreed until 01/01/2014 (as no paperwork arrived) Filed a "holding defence" with a N244 order on 01/01/2014. Order was accepted, Optima Legal given until 24/02/2014 to comply with CPR 31.14 request or the claim would be struck out. Documents turned up on 21st. I now have until 17/04/2014 to submit my defence. Basically, the documents they sent were the following:
  25. Hello Any help would be great. We are being taken to court by a DCA for a debt we have no knowledge of. While we did previously have an account with the bank (HSBC), we are no aware of any debt, especially not one of the sum claimed (approx £3,000). We never received a default notice or notice of assignment for sure, we just began getting calls from a DCA. We've sent off a CCA request and heard nothing back. We've also sent off a CPR 31.14 request and two follow up letters. None of these has been acknowledged, and the constant calls have suddenly stopped! We have to file a
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