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  1. Hi Guys I had a CCJ entered against me in jan 15. It was entered in default against me as I got court papers late, I could not acknowledge it. I filled form N244 to set it aside. I got hearing date for march 2015. I lost at the hearing and was ordered to pay by the court. I paid all the amount owed next day itself. Now the issue is the CCj is still on my credit file , marked as satisfied. I believe that it should be removed as I paid within 30 days after my applicaion to set aside. If I would have paid within 30 days from Jan 2015, It makes me look
  2. Hi all, First post here, hoping someone can help me with a query. I have a small (ish) unsecured personal loan, which, due to a change in circumstance I am really struggling to pay. I currently have an agreement with the company paying a token gesture each month but they are pushing for more which I just don't have, I think court action, starting with a decree is imminent. I no longer live in the UK and don't plan returning any time soon, possibly ever, can a Decree be issued against a non UK resident? I know a CCJ in England can't, but I am struggl
  3. 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
  4. We have a meat shop, we use to buy Meat from a big supplier. Their quality of meat gradually became so bad that we had to refuse four deliveries as the restaurants we supply it to won't accept it. Later on in a month's time the big supplier went into administration. We then realised why they weren't much bothered about their quality anymore. Anyways, asministrators came in and they dug out that those four deliveries which were refused by us are actually invoiced and outstanding. We received a notice to pay from them on which we responded telling them that these deliveries were refused wi
  5. Hi all, My wife had a claim from Restons on behalf of Cabot for an alleged outstanding debt. We decided to defend and entered her defence on the 09/02/14. Unfortunately I was completing the defence form online and signed it in my name as an authorised person - me thinking she needed to authorise me not the court - school boy error. The defence was rejected and we are now out of time. As yet no judgement has taken place. We had sent the CPR31.14 request, which Restons did not comply with, and this was the basis of our defence as we had no paper work to s
  6. Humfff! Just a year away from SB and bryan carter gained a default ccj at my old address 2 month ago,I only found out after a credit search I intend to apply for a set aside with a defence of not having received docs and original creditor should not have sold as they were in default of cca request and dsa request What are the prospects of winning set aside Relatively small debt but I still have equity in old address that is now rented Onlyme again
  7. HI all. I have received a CCJ whilst abroad for several months. Though there was a judgment for claimant letter on my arrival there was no sign of any court forms. I have applied to have the CCJ set aside on this basis. From reading other posts, it appears I will need a to convince the judge I have a reasonable defence before a set aside can take place. The debt is from a Nationwide credit card. Original agreement would have been a signed agreement rather than through the internet. It was established over 10 years ago. The default occurred just under
  8. Hi All We are facing a horrid time with the Bank of Ireland Litigation team and are in urgent need of some help to set aside a repossession judgment. As time is of the essence I won't go into all the issues we have with how we are being treated by this Bank here (but will return to explain more later) Basically we have a very small portfolio of properties which is instead of a pension. So my wife and I are trying desperately to hold on to them as you can imagine. We have an adopted child with some special needs and financially we are struggling. The Bank of Ireland hold two
  9. Hello , I am named defendant as my insured car caused damage to fixed traffic kit. I have little chance of winning case at hearing other than disputing some of the costs. I do not wish to have a CCJ in may name due to knock on effects (financial) and I don't trust the insurance co to pay off CCJ within the normal 30 days etc to clear my name/debt. At present my insurance company will not respond to the claimant (aggressive no win no fee agent) while court action is in progress and that I decided to defend it . The reason I defended it I was not sure if the claimant was a sham but
  10. Hi, I have posted this on other forums,so I have copied and pasted. not much in the way of replies and trying to get as much info help as poss first time dealing with this. I sent off a N244 form last week to try and set aside a CCJ issued by Lowell Portfolio 1 31 Aug 2008 I moved from an address in south west somerset to the north east in cleveland 5 Aug 2010 A CCJ was issued to my old address in somerset without me knowing 31 Aug 2011 I received a letter from Lowell Portfolio at my new address, saying " We are Lowell Portfolio 1 ltd, your outstanding account with B
  11. Hi, Topic explains the situation really. In 2005 there was a CCJ issued against me. This was for alleged non-payment of rent previous to this. Before the CCJ was issued, I was under the impression that all rent arrears had been paid. The letting agent had been in touch about some rent arrears previously, which I then paid afterwards. Years later on, I learned that a CCJ had been recorded against me in 2005. I had received no court papers inviting me to court, and I guess the CCJ was issued against me in my absence. (I was actually out of the country). It turned out that homelet were the
  12. Hi Folks This is a very long and complicated case, however, I shall keep this to the technical argument I am trying to compile is regarding non-service and setting aside the default judgment. Any information would be much appreciated as we have applied for an adjournment pending FOS complaint into conduct and charges of the mortgage company, but the judge has not granted adjournment and struck out applicatiion to set aside due to not being served "promptly" but I have to submit to him a copy of the compalint plus a defence out of time for the accounting only? The judge has not considere
  13. Hi All I have sent off my defense to Bryan Carter/Arrow's claim in Northampton Court. So am I right in thinking that they have 28 days to contact the court and for the court to then decide after hearing from them if they should issue a CCJ? If the court does not hear from them within 28 days then I can ask the court to set the action aside? If the court does hear from them I take it the court writes to me? If Bryan runs for the hills now that I have filed my defense - as many of you say he will - does the 28 days still stand? Cheers
  14. Hello, I received a statutory demand in late Dec 2011 for over £10,000 which was set aside on the request of the legal department of the company pursuing the money. I informed them that I had no knowledge of any outstanding debt or subsequent court proceedings and explained that it must have been a family member who had used the account without my knowledge who had since been witholding the correspondence from me as it was not sent to my address but to my deceased parents house where I had previously lived and where they now reside. The guy who served the statutory declaration told me that the
  15. Hi all, sorry to trouble you again. Good news is that the CCJ against me has been set aside.... Bad news is that the claimants have until september to re-instate the case if they can find the info iv requested. The Confusing news - the judge refused the claimants request for costs but they said it was a bit unfair that I had not handed in a preliminary defence (which I thought I had - ststing that there was no documentation or proof to support their claim). So.....the judge has given me 3 weeks to hand in a draft/preliminary defence. Problem is the only documents I have
  16. I posted this earlier but later i saw this part of the forum which seems to be relevant to the issue so i posted here...am sorry for the double posting but i dont know how to transfer the other post to this subforum......so please be gentle and help me.... Today i got statutory demand under section 268(1) of the insolvency act 1986. Debt for liquidated sum payable immediately...from the council for council tax i have attached the letter here .....please i will appreciate any help as iam told i have 18 days to set it aside what should i do......is there any way out .....is there a
  17. Dear All, I am urgently looking for some help & support - I just received a notice "B10 Notice of registration of a bankruptcy notice" informing me of "(22.07.2011) BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action..." and giving me a reference to a petition entered in the High Court!! This is the first thing I have heard from anyone and rang the court who confirmed a petition had been filed on 19/07/2011 by: Lowell Portfolio Limited Graheam Danby Solicitors Case Ref: 921286839 Tel: 0113 3086043 Litig
  18. Ok this is a brief history of my last 4 years so you can see where I am coming from. My business collapsed in late 2007 leaving me in all sorts of financial problems. The problems compounded themselves with my stupid decisions to take out more finance etc. Well having struggled through all manner of things including using the dreaded Log book loan companies and losing my car and payday (read crazy interest) loans I am happy to say I have now reached the position where I have paid all my debts in full apart from 2. I was so stressed by various things at the time that I didn't res
  19. I incurred my debt as legal costs for divorce. Last week I received Statutory Demand through the letterbox, which I am going to set aside. Would the following evidence be considered sufficient to set aside the Stat Demand? 1. During divorce proceding I paid £10,000 to solicitors. 2. They gave up my case unfinished and requested further £11,000. They have CCJ against me and I am paying monthly £90.0 with no failuire and intend to pay further. Appreciate your help!
  20. Have situation where a CCJ has been obtained by default. A stat demand has been issued based on the CCJ and need to get in an application to set aside stat demand. A stay of execution has been obtained against the CCJ. Grounds on which the stat demand set aside application will be based is that stay of execution has been obtained against underlying judgment and no other. Am familar with insolvency rules (IR), in particular IR rule 6.5 Numerous websites cite "stay of execution against judgment" as one of the grounds on which set aside of stat demand can be obtained. However none
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