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Found 58 results

  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. Unfortunately, the HMRC stopped my tax credits in July and I was unable to make the £50 pm payments; I had formally informed Link Financial regarding this fact. In Sept 2013, the case was reviewed in my absence, since the notice was sent to my old address, and a default judgement was entered against me. I am now planning to request that the judgement be set aside since my professional and personal circumstances have changed since 1st of october, and i am now able to make regular payments. My question: How good are my chances of having this judgement set aside and getting an opportunity to have a hearing where I can explain things to the judge? I am under a lot of stress due to this finance company constantly harrasing me with phone calls and letters, despite the fact that I have paid off more than fifty per cent of the debt. Edit: Do I need to enter a draft along with this application? Thank you for any replies.
  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 this) Thank you
  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 phoned the new DCA after receiving the default judgment notice, and they were not sympathetic at all - went through an income and expenditure with her - and included her PIP payments (and those of her daughter who has ASD) as income. They wanted a massive £800 per month, the debt is £2400. So: 1 - Can they include PIP payments as income? 2 - Would she have grounds to set aside as she says she didn't get the court paperwork (although from the sticky thread it mentions you would have to show a defence to the claim as well for that?). 3 - Would setting aside mean they would be more likely to accept a reasonable payment plan anyway? Any help is very much appreciated - thanks
  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 in 2015 I lost my job once more and have again fallen behind with my mortgage again. Due to only being able to get temporary agency work I tried to make payments towards the mortgage whenever I could afford to. In January this year I started work as a self employed minicab driver. Also around this time I was contacted by ascent legal saying they had been instructed by Halifax to start legal proceedings repossess the property as they still had the possession order from 2008/2009. One of their agents also visited the property but I wasn't home at the time and left a card. I called him back and told him I was working on a income/expenditure budget with Stepchange which I would forward on to Ascent when complete. I emailed (to email address on the card left by the agent) the copy of the budget together with an offer to pay
  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 for £1300. Thank you.
  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 as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed. The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given. What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement. Please advise, thanks.
  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 medication but can go back to work. Myself and my partner have moved in and will be paying £370 towards the mortgage. We have offered £2500 down payment, £750 a month on the arrears and the contractual payment each month. I can prove we can afford this, not only that we should be able to clear the arr are in October from money in their Greek bank account. I've explained this in the application. However the stress has recently caused me to miscarry and I'm terrified. They've already had one cancelled by Eversheds and I'm worried the judge will jus flick it out straight away. My dad has appointments with the haematology department on Tuesday and can't attend my Mother has anxiety disorders and can't either. If I contact the court do you think I could attend as a litigation friend? Also I would like some realistic thoughts on the outcome of this, if it's highly likely he's going to throw my case out 2 days before the actual eviction date id like to know now. I did say on the end of the application if not possible to suspend please allow time to find alternative. We have two children under two living here.
  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 removed as is counted as a secured debt they said this should be easy to do as the car is my husbands property and not mine and the debt is in my name only. Turns out this is not easy to do at all! i have spoken to countless people and all have given me conflicting info. on my adventure to remove this CGO i have found that some of the debt the claimant wants is not actually mine as somebody else rented the shop i owe for during my tenancy but i am struggling to find actual proof. A couple of people have said to get the judgement set aside with an n244 form but i now don't know what it is i am asking to have set aside the bailiff or the whole judgement from the landlord. hope this makes sense to somebody any help would be appreciated
  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 while others (e.g. NationalDebtline) say tick NO and leave it to the court to fill in. None of the websites actually explain what the draft order is though. I would greatly appreciate it if anyone can help. Thanks!
  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 contacted the restaurant in question to make a complaint. I found out they were currently in dispute with CEL regarding over 15 claims as they were chasing historic fines from 2013 where customers had overstayed two hours, although there was a three hour window. I was in communication with them and CEL via email but did not contact them direct to admit any liability due to the dispute. I did not receive any other letters regarding court dates etc.. from CEL. However, it looks like they went ahead and gave me a judgment without my knowledge- and now it is too late to pay within 28 days as I had no idea it had occurred until this weekend when applying for a loan and being refused credit for the first time ever! I have emailed CEL directly yesterday stating that I have not had the opportunity to dispute/ respond to the court date/ judgment and today their legal team would be in agreement to having it set aside by Consent. I literally do not know what my next step is.. Do I still apply for a N244 stating I was unaware AND I potentially have a defence (less than three hours stay as a proven restaurant customer) or is there a different way to do this? Does it go to my local court or Northampton where it was issued? As much as I do not agree with their conduct, I would rather just pay whatever I need to in order to protect my credit file which also impacts my future employment choices as well as having an adverse credit file.
  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). At present there is a court fee for filing an N244 of £155. If the person submitting an N244 is in receipt of qualifying benefits, they may be exempt from paying this fee. They would be required to complete an EX160 form. Last year the government issued a Consultation paper to seek views on increasings the fees for N244 applications (and many other court fees as well). There was an overwhelming response opposing the fee increases. Despite this, the cost of filing an N244 Application is to rise from £155 to £255. There are many other fees increases, one being the court fee for issuing a claim in the County Court. If a claim is made for a value of between £1,000 to £5,000, the issue fee will be £205. The link below is to an article from the Law Gazette. The online comments are worthy of reading! http://www.lawgazette.co.uk/news/senior-judges-lambast-government-over-court-fees/1/5053272.article?PageNo=1&SortOrder=dateadded&PageSize=10#comments
  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 on here. Thanks in advance
  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? I've already paid a lot of money in court fees and don't have the funds to pay out that much + half the £750 as well. Thanks for any help
  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 it was over 6 years old. I have never communicated to the debt collecting agency or paid anything off the outstanding balance, due to the situation I was in at the time. I'm afraid that legal proceedings may be getting held against me and I'm not receiving any communication as I'm at a different address. I've read that I may be entitled to have the debt set aside (I really don't want this affecting my credit for another 6 years), as I've not received any communication and the debt should be statutory barred. I've read other posts about completing the n244 form, but it is also really confusing. Is there anything specific I should be putting into questions 3 and 10 on the form? Do I also need to contact the court to ask them to send me a copy of the CCJ? As I don't have any details other than what is on the credit search
  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 to know about it from enforcement agency Confero and applied for TE7/9) -> Moved to new house on 14th Feb and applied for DVLA address change . DVLA updated it on 25th Feb 2015. Detail Event I am starting with the order of events in chronological order best to my recollection towards it before I present my queries. . 18th August, 2015 1. I received two letters from ‘Confero Collection’ heading Notice of Enforcement in the evening. Letter 1 Issue Date – 13 August,2015 Payment Due Date - 25th August 2015 Money Owing to – London Borough of Redbridge(LBR) Amount – Debt - £ 172 ,Compliance Stage Fee - £75 = Total £247 Letter 2 Issue Date – 13 August,2015 Payment Due Date - 25th August 2015 Money Owing to – London Borough of Redbridge(LBR) Amount – Debt - £ 172, Compliance Stage Fee - £75 = Total £247 19th August, 2015 2. I called up Confero in the morning asking what the notice is about. The Lady on the phone said it’s towards the two PCN for which I owe debt to LBR and helped me to view the CCTV image of the same from the Redbridge website. Before I could explain or contest on it, she told me I have to call up LBR council in regards to it. 3. After speaking to Confero I tried calling to LBR and manage to get the right person around lunch time. I mentioned the two PCN no# and tried to explain the situation towards it. The person explained he cannot do anything or help me out as the matter is in the county court and I have to get in touch with TEC to get it off from court proceedings before they can here any of my contestation and suggested that I should do it right away. 4. Then after having lunch I tried calling TEC and after repeated attempt manage to get somebody over phone. I explained the situation and gave the two PCN no# and she said I have to file TE7/TE9 (which she emailed me later after the call )separately for each PCN and email it back to them .Once they receive the correct application, and if its before1600 hrs, then it will be processed and notify LBR the same day. After which I will have to wait for the decision. [My understanding after the call was that was once they receive the correct application it will be off court proceeding and decision will be on the PCN. So I intended to call LBR next day to talk on the PCN and explain my situation before they make the decision.] 5. After the above call I got the TE7/TE9 form from TEC, which I filled up correctly for both PCN. In TE9 My declaration was - I did not receive the Notice to Owner /Penalty Charge Notice For TE7 I didn’t paid much thought on reason when I was filling it and gave below explanation, which at that time was the reason for filing it. I was in rush to apply the application so that they receive it before 1600 to get the whole thing off from the Bailiff’s involvement. “I did not receive any communication on this until 18th August 2015 (from enforcement agent). I need additional time so that I can discuss this with Redbridge Council.” [Which I regretted later for not providing full details] 20th August, 2015 6. I called up LBR in the late morning to check if they have received any communication from TEC and then explain the situation on the two PCN itself. The Lady over the phone confirmed receiving the fax from TEC on TE7/TE9 for both the PCN. But said she cannot do anything towards the PCN and I have to wait till LBR makes a decision on the application that I filed with TEC. Then I told her that I am confused as I thought whole thing I did was to discuss about the PCN itself with LBR and any further explanation went in vain. Towards the end of the call she said she will be informing the Enforcement Agency (Confero) to hold the enforcement action till further notice from LBR, when I asked about it. 4th September, 2015 7. I received two letters from LBR towards two TEC applications that I filed in regard to two PCN. Both the letter explained the council wishes to oppose the Out of time Statutory Declaration The letter also included document heading “Witness Statement of Claimant: London Borough Redbridge”. Letter 1 (1st PCN) Dated – 26 August, 2015 Contravention Date – 12th February 2015 – PCN issued from CCTV 18th Feb 2015 – PCN was sent to respondent by 1st class post. No representation or payment received. 24th Mar 2015 – Charge Certificate was sent to respondent by 1st class post. No representation or payment received. 15th April 2015 – Order Recovery/witness statement Notice was sent to respondent by 1st class post. No representation or payment received. 28th May 2015 – Warrant of Control was issued to Enforcement Agent 19th August 2015 – a faxed copy of respondents out of time Statutory Declaration received from TEC. The letter included the details of what they advised me over the phone and the reason to decline it is as below:- “The statutory declaration was made from different address than to the address PCN was issued and respondent has given no indication in the statement that they have moved or to confirm they have their mail redirected. Therefore respondent didn’t take adequate measure to notify DVLA or have their mail redirected. “ Letter 2 (2nd PCN) This is exactly same as above except the contravention date – 10th Feb 2015 [i moved to new address on 14th February 2015 evening and applied for address change to DVLA on next working for both Driving license and Vehicle logbook. The new logbook that I received later has updated entry as of 25th February 2015. So DVLA should have the new address from 25th February 2015. Regarding mail redirection, I did not do it as I had applied and got the address changed for bank a/c, utility…etc over phone and wasn’t expecting any letter. ] 7th September, 2015 10. I called up LBR in regards to the letter received above on 4th September 2015 and explained the DVLA address change dates to see if they will listen to me and change their decision before they notify TEC of their decision . It seemed it was the same lady from LBR I spoke on 20th August 2015 but was disappointed to find her persistence on the fact that it’s my mistake that I had not set up the mail redirection and didn’t listen to any of my explanation . She confirmed towards the end of the call that they are going to decline it and I cannot do anything to change their decision. 10th September, 2015 11. I received two letters from TEC in regards to my TE7/9 applications. The letter is dated 7 September 2015, pretty much with same standard response format that I see here in the forum, that’s it’s refused and I have 14 days to file a review through N244. I needed some advice on the mail redirection part , can that be viewed by district judge as negative aspect in reconsidering the appeal .Does it mean it can be used for legal argument. :Thanks
  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 there is a shortage of houses of this size in our area. We have the money to bring the arrears up to date prior to the eviction BUT that's all we have - I worry that if we pay it and the Judge does not allow us to sell ourselves we have no money left to find a place to stay, as there are 4 children aged 10-16 in the property that is a very worrying scenario. Can someone please give me advice: Do we pay in the arrears and take such a huge risk or can we eg turn up at the Court with the cash in hand? Is there any sample N244 around on here which quotes any relevant cases as I am mightily confused which ones would be the appropriate ones for our case? I really hope that someone is online who can point me in the right direction as the last Judge firmly told us not to bother coming back...
  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 claim. Crucially, I was also denied the opportunity to settle the claim within 28 days which would have had the claim set aside automatically. I can prove that I have been living in Paris. Any help on or insight will be greatly appreciated.
  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 I moved house so obviously never received any Notifications. In fact to date I still have never had one piece of paper/letter presented to me or delivered to my new address asking for money! I got clamped out of the blue 2-3 weeks ago and filled out an out of time declaration which was accepted on the day. They however had my van clamped for 2 days, the bailiff trying every trick in the book to get me to sign to admit the debt or giving permission to levy goods. The warrant was of course at the wrong address. I waited for northapton court to uphold the out of time but I have just received a letter back saying this has been refused and all the action is now back on. I believe this is because whilst moving I didnt tell the DVLA of my change of address (a genuine mistake in the stress of moving but a mistake nevertheless) I am now facing a disproportionate fine (which seems way too common reading in this forum) of over £500 for an unpaid parking fine. I can appeal by way of n244 which will cost me £155 which seems the only way I can be heard, the court have received evidence from the council which has stopped the Out of Time. My question is am I throwing good money after bad if I proceed to go to court and actually be heard as to what has happened? If I pay the bailiff before they turn up do I have pay an attendance fee if they dont attend? Can this really happen? i.e. hold me to ransom with the threat of clamping when everyone concerned knows I have never received a demand for payment as I live at a different address, send me a bill and I will pay it!!!! Any thoughts help or guidance is gratefully received. Thanks in advance
  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 requesting £130. Immediately I called the LB of Hackney on 10/02/14 and spoke with a parking officer who advised that they had not received no cheque/payment. Whilst on the call I had called my bank who confirmed that the cheque had not been cashed. I then asked the officer what to do in this instance as i had made payment and would like to get this matter resolved as i couldn't afford for it to escalate. I asked if i could make payment over the phone to which he replied that it would be for the new amount of £130 which i contested to. He advised that in order to pay the original amount that i had tried to pay, I would need to write in to them and provide proof by way of a cheque stub and a supporting letter explaining this situation and that this would place the case on hold. I sent in a letter and supporting evidence as advised on the 27/02/14. However, no reply was received I had admittedly soon after received further notifications within a short period but naively assumed that they would be placing their action on hold as they had advised once they had got to my letter. Long story short, unknowingly they had continued with the escalation and I had learned later down the line (in a complaint response after filing a stat declaration) that they had no intention of replying to my letter, as a charge certificate had been issued on the same day (how coincidental) and as stated by them that "at this point i could no longer make an appeal against the PCN as stated in the notice to owner.....and there was no obligation for us to respond to this correspondence" ?? Had i been advised of this at that particular stage in February i would have applied to the courts through a Stat Declaration earlier, however i only learned of this in June after several months have passed and Bailiffs had taken my vehicle, and several conversations with LB of Hackney's contact centre. It is now going to cost a whopping £958.00 for me to get my vehicle back which as a now unemployed single parent don't have. I had to leave my job as locum worker as i needed my vehicle to commute with clients and could no longer meet the jobs requirements. I had requested a further review of the decision made by the courts officer but this was declined with out an explanation. I am currently in Canada supporting my ill grandfather after his heart op and only received information of the letter advising me that it was declined on the 11/09/14 and that i had 14 days to complete the N244. Given the evidence i provided and the genuine situation regarding this matter i did not expect this outcome. I am not back in the UK until december and am now in a panic as i have until the 14/09/14 and don't know what to do please advise!!!!!!
  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 have forgotten about it, I havent yet been able to find the paperwork from back then and I closed my bank accounts so i would have to write to make a subject access request to check properly. The judgment was for a sum of around £690 + costs which was entered about three or four months, but now with bailiffs and everything they add on its been inflated to about £1200 although for some reason the order was made (or requested by the creditor perhaps?) for monthly payments of £50 rather than the full amount. No idea why. Anyway, the payments obviously havent been made so an order for enforcement has been made. I have only just been made aware of this situation as Lowells seem to have bought the debt from O2 at some point and a CCJ was obtained at my parents address where I lived for a short while before moving - they just got a bailiffs enforcement notice. The debt, if it turns out I do still owe it, would be statute barred in the next three or four months, which must be why they decided to go for a judgment. I've asked dad to write to the court and bailiffs notifying that I havent lived there for years so they don't get bothered by someone trying to take their stuff. Is there anything else I should ask them to do so the bailiffs don't try barging in on my elderly parents regarding something that really doesn't concern them at all? Should my parents give them an alternate mail address for me? is there something particular I should ask them to do in this situation? I'd also like some advice on correctly preparing an N244 to ask for the judgment to be set aside on the basis that I am not a UK resident (and I did not receive the court papers if this additionally helps my position). I have no property in the UK and have notified HMRC et al of my depature when I left. Here are my questions about N244 and my request to set aside: 1. how should I word my reply to Q3. on N244 where it says "what order are you asking the court to make and why?" - would something like this suffice: "I respectfully request that the court set aside the above referenced judgement on the basis that I am not a UK resident and did not receive the original claim notice dated xxxx in a timely manner." Is anything additional to this necessary? Do I need to quote any case or civil law in respects to this? Will the court set the judgment aside on this basis alone or do I need additional arguments? Should I also request that any enforcement action be stayed? 2. Do i need to attach a draft order (Q4)? 3. should I request a hearing (Q5)? can this be set aside without? It will be impossible for me to attend as I simply could not afford to fly back to attend court any time in the near future - would I be able to represent my case sufficiently by the information in 1. above? 4. The question "How long do you think the hearing will last? (Q6)" - I'd optimistically like to think 5mins would be enough to consider "not a uk resident - judgment set aside" - but realistically, what should I put here? 5. what level of Judge is needed for the hearing (Q8), that can set this aside? Clerk? Master of court? District Judge? 6. Who should be served with my N244 application (Q9)? Is this purely for the court or also for the creditor? 7. What sort of proof or evidence should be attached - I might have some old letter from HMRC confirming I am no longer resident for tax purposes or possibly get them to confirm that again in writing, I definitely have a foreign language document showing my first non-UK residency address. I could get my parents to give a witness statement to that effect also. 8. Is being non-resident justification enough to set this CCJ aside or is there a chance a judge might let the Default order stand? 9. Will the creditor get a copy of everything I submit as part of my N244 application? I'm reluctant to give them my new address in eastern europe in case they try to get bailiffs after me out here, though I have a mail forwarding address in the USA which I could use for this purpose. From what I read, the bailiffs in the UK are bad enough, but the ones out here have a reputation for hanging you up in the forest overnight by your feet Thank you in advance for any and all advice you can offer me - this forum is really such a wealth of information...!
  23. I went to court on Tuesday. My Mortgage lender was granted the possession order on 1 st charge of property but they have me back in court 7 days after the 28 days of the 1st Possession order granted on the 2nd charge on the property The mortgage is part of the same lending company as the secured loans. I wondered if anyone has come up against this. I did ask the mortgage advisor of the court to request for 56 days in court but the judge just granted 28 days. I don't know where this sits if I'm still in the property after the 28 days and they go for an eviction date 7 days after the 28 as I'll be at court on that date. I've sent my defence for the 2nd charges requesting 56 days for possession as I'm now finding somewhere else to live with 4 children in the property .I'm on low income so it would give me more time for a deposit if I rent privately. I've been in touch with My Local Council but it doesn't sound very good to be rehoused. Any advice most welcome.
  24. 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.
  25. 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: A reconstituted copy of the Credit Agreement This has NO signatures on it, I do not think I ever signed one (this is for a catalogue company shopping direct, perhaps why it took so long to arrive). A copy of the Notice of Assignment from Shop Direct Finance dated 02/11/2010 A copy of the Notice of Assignment from Capquest dated 2/11/2010 Account Summary of transactions A copy of Judgement HSBC Bank PLC V Carey (2009) EWHC 3417 (QB) and A copy of Judgement of Lombard Northern Central PLC v Power Hines (1995) There was NO default notice supplied. However I have been informed from another forum that the The Lombard v Power Hines case will be quoted to cover the lack of default notice and that my best chance would be through the reconstituted credit agreement? I really do not think I ever signed one. If I recall rightly they use to send the first lot of goods with the credit agreement in but I never returned it. I have uploaded the credit agreement if anybody could please take a look and advise me of a possible defence? Also, if anyone is wondering, the account was opened 19/09/2008 according to my credit file. Thanks, Mike
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