Backdoor Lowell CCJ/CO - old Barclaycard debt - prob SB'd - Set Aside - Now Stayed

[surfaceagentx20]

Olives, I've completed all the paperwork. All Bob needs to do is sign it, date it and send it off.

 

Bob, please send me a personal message with your email address and then I'll email the paperwork over.

 

x20

 

Bob, I have sent over to you by email a completed application notice in Form N244 with which to apply to the court to set aside the default judgment. The document is in pdf format.

 

Please confirm that you have been able to succesfully download the pdf.

 

You will need to print off three copies. You will need to sign the application on the first page where indicated and again on page 2 where indicated. You will also need to date the aplication with todays date.

You should then attend at the court office. The address of the court office is given at the bottom of the form.

 

On arrival at the court office tell an official there that you wish to make an application to set a judgment aside. Go to the desk where the official says you should go to.

 

When you present your application you will have to pay a fee to the court of £75.00 unless you receive one of the following means-tested benefits:

 

• Income Support; or

• State Pension Guarantee Credit; or

• Income-based Job Seeker’s Allowance; or

• Working Tax Credit provided you are not receiving Child Tax Credit; or

• your gross annual income does not exceed a specified limit. (See leaflet EX160A for more details).

 

If you show that a payment of a court fee would involve undue hardship to you, you may be eligible for a part remission. The amount decided will be based on a detailed means-test to assess your disposable income. Court staff will calculate what contribution you should make towards the fee.

For further information, or to apply for a fee concession, ask the court staff for a copy of the combined leaflet and form EX160A – Court fees – Do I have to pay them? This is also available from any county court office, or a copy of the leaflet can be downloaded from the website Her Majesty's Courts Service - Home.

 

The court will accept the application and send out or give you a notice saying when your application will be heard. The court will also send the application notice and notice of date for hearing to Lowell.

 

Whilst at the court office, ask them to tell you what date and time has been fixed for the hearing of the application for the charging order.

 

Since the court to which the application has been sent is the same court as the one which is dealing with the charging order, no further applications will be necessary at this stage.

 

If anything is not understood, let me know.

 

x20

 

For the assistance of others, set out below is the text of the body of the application notice prepared to assist Bob in setting the default judgment aside.

 

I am the Defendant in this case.

 

I very recently received a notice through the post saying that a judgment had been entered against me and that steps were being taken to secure the judgment on my home. I am not familiar with legal procedure in England and did not know what to do until I took some advice. This application notice has been prepared by someone who was able to give me advice about what I should do.

 

I was advised that I may have some important papers concerning this case at home and which I should search for. In carrying out a search I found an unopened envelope which I then opened and which I now know contained the Claim Form in this case and issued at the request of the Claimant.

 

In the Claim Form the Claimant claims to be entitled to the sum of £xxxx.xx. The claim has the appearance of being a claim for interest at the rate of 8% per annum during the period xx xx xx until xx xx xx. The Claim Form does not set out any basis whatsoever for alleging a right to be paid interest at such a rate or over such a period.

 

The Claim Form also appears to include a claim for statutory interest of £0.00 and continuing statutory interest at a daily rate of £0.00 until judgment or sooner payment.

 

Thirdly, the Claim Form also appears to identify an agreement by reference to a series of numbers only some of which numbers may or may not be intended to identify a date. The Claim Form does not allege that in relation to this agreement, either [1] I was a party to the agreement or [2] the Claimant was a party to the agreement. Neither does the Claim Form explain (if alleged) that the agreement is an agreement under which the Claimant has a right to recover money from me and if so what that right might be.

 

I am advised and believe that the Claim Form is devoid of any relevant particulars which it would be necessary for the Claimant to prove and if proven, would establish that the Claimant has a right in law to be paid the sum of £xxxx.xx by me.

 

I deny having ever entered into an agreement with the Claimant. I deny that I was at the date of the commencement of these proceedings indebted to the Claimant in the sum of £xxxx.xx.

 

For the reasons set out above I believe that if the judgment against me was set aside that I would have a real and substantial prospect of successfully defending the entire claim.

 

I regret that I did not deal with the Claim Form when it arrived. I did not open the envelope and I did not know the envelope it came in would contain the Claim Form. I seek to be excused for my failure to deal with the Claim Form. I believe I have dealt with this matter promptly so soon after learning of the judgment and after taking advice.

 

In the circumstances I seek an order directing that the judgment in this case be set aside, that I be given permission to defend this case and that there be all such further or other consequential directions as necessary.

 

x20

 

Bob, (who has informed me of the following in a PM)

 

I am pleased you have found the order fixing the date for the hearing of the application for a charging order and that the hearing has not yet taken place. That's very good news.

 

What I suggest is that when you take the application notice I sent to you over to the court office you ask that the court list your application to be heard immediately before the hearing for the charging order. You should get the application in to the court as quickly as possible so there is time for it to be delivered to the opponent.

 

By having your application heard at the same time, on the basis that it is granted (which it should), the court will then be able to dismiss the application for a charging order there and then.

 

x20

[JonCris]

Bob will you just take a deep breath? The creditor will be unable to take any steps to enforce the charge without [1] serving papers on you (so quit not opening your correspondence) and [2] an order of the court.

 

You might want to review the statement 'I would like to pay them off' if in fact you didn't have to. Sure you can put your house on the market, but can I suggest that half one in the morning is not a good time to reach that kind of decision or ask how to go about it. Can I go and get some kip now?

 

x20 = x2zzzzzzzz

 

Very sound advice

[bobneedhelp]

Olive, letter 6 was from DCA

 

Thanks surfaceagentx20

..for producing the Application Notice and Supporting Evidence (Part C) I will get it to the court tomorrow or Thursday

..need to find someone to take me there .

.there is a fees to Pay?

How much is it?

Does anyone know?

and I need to get this Application there in person?

 

Now I am re-reading the advice from X20 on the process

... I am highly grateful and at the same time heart is full of trepidation,

mind very tired but well worth it.

I will plod on positively with all your help and support.

 

deleted info

 

[OLIVE.FAMILY]

Hey Bob

The fee is £35. Unless you are on Benefits of any sort then you may be able to get it either free or reduced. You will need to take a load of proof . I will find out what.

 

And yes you will need to change the amount.

 

Well Done I knew you could do it.

 

olives xx

[bobneedhelp]

pdf document and I cannot make changes or can i?

[surfaceagentx20]

Bob,

 

First off, go and delete immediately all the text you wrote under 'question to x20' in post no40. Do not post to the internet any information which might be used to identify you or this case to your opponent, especially when that information would lead to the disclosure of advice about your case plan and which your opponent will find advantageous to know about.

 

You do not need to do anything other than sign and date 3 copies of the application and take them to court. You do not need to bother with a draft order. The draft order refers to the order the court might make. It has nothing to do with money. Draft orders are required where the case or application is not simple. You may be surprised at this but the court will regard your application as simple and routine.

 

All of the other questions asked were answered by me in anticpation in post no34, but for the avoidance of doubt I repeat:

 

Part A is complete and requires no modification.

 

Part B requires signing and dating and if the cross didn't come out in your version, then put a tick on the box reading 'evidence in Part C overleaf in support of my application.' Do not fill in any of the boxes dealing with your telephone number, fax number DX number or email.

 

Part C is all the evidence you will need at this stage to make the application. You do not need to and should not change Part C because the amount of the debt has gone up with the entry of judgment. Indeed, the amount of the judgment ought to be the same as the amount of the claim. I can answer why if necessary.

 

Fees

The fee is £75.00 and NOT £35.00. A fee of £35.00 is payable on an application to vary or suspend enforcement of a judgment. Bob's application is not to vary or suspend but to set aside. The fee may be remited on any one of the grounds set out by me in post no34 which for the sake of clarity I repeat below:

 

When you present your application you will have to pay a fee to the court of £75.00 unless you receive one of the following means-tested benefits:

• Income Support; or

• State Pension Guarantee Credit; or

• Income-based Job Seeker’s Allowance; or

• Working Tax Credit provided you are not receiving Child Tax Credit; or

• your gross annual income does not exceed a specified limit. (See leaflet EX160A for more details).

 

If you show that a payment of a court fee would involve undue hardship to you, you may be eligible for a part remission. The amount decided will be based on a detailed means-test to assess your disposable income. Court staff will calculate what contribution you should make towards the fee.

For further information, or to apply for a fee concession, ask the court staff for a copy of the combined leaflet and form EX160A – Court fees – Do I have to pay them? This is also available from any county court office, or a copy of the leaflet can be downloaded from the website Her Majesty's Courts Service - Home.

 

As Olives point out, you will need to show that you are eligible for a fee remission. Take with you to the court any evidence which shows you qualify for a fee remission because you receive one of the means-tested benefits I mentioned above or because paying the fee would cause hardship.

 

x20

[bobneedhelp]

Yes have deleted x40 and thanks again for reaffirming. X20 ..

will do same and go to court tomorrow to hand forms.

 

One more question

- Do I have to prepare a defence when i attend court?

If need be, I am trying to do one now and would you, x20 and/or Olive be prepared to read through for me in PM

- tell me it is not necessary!

and I will just drop the 3 copies in tomorrow only ....

 

I am feeling very tire and I am sure X20 is feeling even more tire than I

...his help has been god sent and I would not have done this on my own at all

 

...thanks again and again for bringing me through x20,

 

Olive.Family and all in this forum.

I will report back after the hearing,

or if I receive any mails and further help needed

(which i will can now open without feeling fearful)

[StayingCalm]

Well done Bob, you're doing great!!

 

Just posting to offer a little support, and to thank x20 for his superb advice.

 

Good luck for tomorrow, thinking of you

 

Regards

StayingCalm

[bobneedhelp]

StayingCalm, many thanks I need every bit of support and luck - the help given by x20 ..words cannot express my thanks to him and all you people. So glad to found site but now I have another issue when I re-read opened letters. Another DCA has put a CCJ against me - what do I do now? Help please again, or do i put it in a new thread in the forum for help yet again ...and seek help there.

[bobneedhelp]

I don't think I am entitled to any benefits since I did not apply for them.

I will get the money from my brother to pay for this fee.

 

Although I have been unwell, I have managed with lots of help from family, relatives and friends to see me through without resorting to benefits, doing odds jobs etc- not sure why I did not apply for benefits since i have been paying tax for over 20 years of working.

[surfaceagentx20]

Bob,

 

It seemed to me you could do with some help on the matter of the rising debt owing to costs fees and interest.

 

Costs

Costs are distinct from fees in that costs represent what may be added as an allowance for a lawyers fee in representing a party in a case. In this case the oponent does not retain a lawyer and the right to recover costs does not exist.

 

Fees

Fees are sums of money paid to the court on the issue and during the course of a court case. Fees may be added to any liability. It is highly likely that the default judgment which was issued included £75.00 for ther court fee paid to begin the legal proceedings.

 

Interest

I haven't seen the default judgment so I do not know what it says. However, if the default judgment includes a sum representing interest, the judgment has been entered for an excessive amount. The judgment ought not to include anything for interest. Remember, the claim included a claim for 'statutory interest of £0.00 and continuing statutory interest at a daily rate of £0.00 until judgment or sooner payment'. If they claim £0.00 for interest, that is all they are entitled to.

 

Besides, if the original claim is an interest only claim (which it would appear to be), the addition of further interest would be to claim interest on interest which, though widely claimed, is prohibited under County Court Act 1984 s69(4).

 

If the amount of the judgment is excessive, arguably, the Defendant should be entitled as of right, to have the default judgment set aside as an irregular judgment. Alternatively, to have the judgment varied downwards to the correct sum.

 

Of course once judgment is entered the claim ceases as such and becomes a judgment. Most judgment debts carry interest pursant to the provisions of the Judgment Act 1838 s17. But not all of them do.

 

Section 74 of the County Courts Act 1984 confered power to allow county court judgment debts to accrue interest. Accordingly, the County Courts (Interest on Judgment Debts) Order 1991 was introduced. The Order allows interest to accrue on county court judgment debts of £5,000.00 and over, with certain exceptions. Conversely, interest does not accrue where the judgment is for less than £5,000.00.

 

Since Bob's judgment is for less than £5,000.00 no further interest will be recoverable on the judgment. The judgment can only be for the amount of the claim plus the £75.00 court fee, plus any other sums for costs (if the opponent appoints a lawyer) and fees which may be added in the future.

 

Further still Order 2(3)(a) of the 1991 Order states in relation to a judgment of any value (ie a judgment whether or not it is more than £5,000.00), that 'Interest shall not be payable under this Order where the relevant judgment is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974'

 

The recovery of any post-judgment interest is thus restrained by [1] s69(4) of the 1984 Act and [2] the 1991 Order.

 

Besides being of use to Bob, this post may be of general interest on the topic of the recoverability of interest pre- and post-judgment in the County Court.

 

x20

 

bobneedhelp said:

Do I have to prepare a defense when i attend court? If need be, I am trying to do one now and would you, x20 and/or Olive be prepared to read through for me in PM - tell me it is not necessary!

 

Bob,

 

It is not necessary for you to have prepared a defence for when you attend the court to issue your application or later at the hearing of the application. Besides, the Particulars of Claim filed by your opponent are shockingly inadequate. It would be quite impossible and inadvisable to second guess what your oponent might be talking about. The District Judge will appreciate how awful the Particulars of Claim are the moment he casts his eys on them.

 

Assuming the District Judge sets your judgment aside he will make further directions. One direction you can anticipate is that your opponent will be ordered to file comprehensive and comprehendable particulars of the claim. Your defence will be in response to these new particulars. In any case, the Judge will give you directions as to the circumstances when you should deliver a defence. File your defence in the way directed by the Judge.

 

x20

[StayingCalm]

Hi Bob

 

I'm fairly new here dealing with my first court claim for an abbey credit card debt of nearly 12K (change of circumstances and all that). Have received excellent advice on how to deal with these horrible bankers, DCA's and solicitors (if working for the other side) but fingers crossed this debt should be written off as they could not provide (so far) the credit agreement.

 

My advice to you would be to try and keep calm, deal with one thing at a time and follow all advice given here and you will get the best possible outcome.

 

Regards

SC

[bobneedhelp]

 

reading this too .. I am beginning to understand a little more each time when i read/reread again ..

.it will sink in at some stage

..although I am darn tired,

 

I have found another of the letter that I opened earlier and when i re-read through them.

 

This one is from Cope's stating that there is a Claim made by Arrow Global ltd and have a Registered CCJ against me.

Like the others, I have not make any repayment or communications since 2000.

Is this Statute barred?

and if so what can be done with them registering a CCJ against me now.

 

All their correspondence started in early 2008

- have posted a PM to x20 to see if he can help in this matter now.

[surfaceagentx20]

Bob,

 

I've PMed you back advising you to start a new thread about the Global case in order that the two cases may be kept distinct.

 

I think it would be inadvisable to discuss two legal cases on the one thread. Members joining this thread may be confused into thinking that advice in relation to the first case applied to the second case. It may be that the advice differs and I would not want members to be misled.

 

x20

[bobneedhelp]

yes indeed you are right there x20 and thanks for the reminder. I will start new thread - titled Registered County Court Judgement

 

x20 hello

read through Form N244 sa in form?w a small error under claimant and reference - made correction by using tippex - claimant reference should read xxxxx and not xxxxxxxx. Hope it is alright to use tippex to cancel the 3.

Quote

You mentioned I can use the same line i.e. N244 form for my CCJ case with a little modification -

what might this modifications be if I may ask, please?

 

x20, Olive

Handed in papers to court - they will write to confirm date for Hearing - it was hard but I did manage to get it in.

NOW What? and How? do I plan for this Hearing? Like what do I say? Anyone had experience of this who can share with me the process ....Step by Step Guided Experience ....I need it badly! Truly appreciate if anyone can help ....Thanks very much!

[surfaceagentx20]

Bob,

 

What happens now depends on whether you informed the court that the hearing of the application for a charging order was fixed for 1 September?

 

Did the court say they would fix the hearing of your application to coincide with that fixture?

 

x20

[OLIVE.FAMILY]

Well done BOb. Going to court is the first hurdle. It is a difficult thing to do but you done it and only a day after opening the letters.

 

I can tell you now this time next month you will be gutted if the postman doesnt bring you any mail for you to open and you will be feeling so empowered it will a case of DCA BRING IT ON.!!!

Dont forgot to let me know the court date and IF i havent got mine booked up then I will be there for support. Maybe a quick celebratory drink afterwards.

 

Keep It Up

 

Olives xx

[bobneedhelp]

Olive yes thanks and will let you know date of hearing when they write to me.

I will need all the support.

I will PM you then.

 

X20 - When I deliver the papers this afternoon, it was at General Enquiries

- a General Clerk attended to me (I did mentioned if I could have the hearing before the Charging Order and that I am putting the application to set the judgement aside

- BUT the clerk said to me that the papers will be given to the Judge this afternoon.

 

The Judge will then decide what to do with it and will write to me with the date of the hearing.

So, I did not managed to get the confirmation as you suggested

- Now I will just wait for the letter from the court to come.

 

I am getting really worried about attending the hearing at court

- not knowing what to say and how to answer etc

...any help here?

 

How does it get started and will they question me and if so what might some of these questions be .

...all uncertainty is getting stressful

....sorry for feeling so .

.hope it is irrational fear!

[Castlebest]

Bob.... go to bed and get some sleep!!! you have started the journey to getting you life back and we are here to help you .

 

County court visits are more a mental hurdle than an actual one (i quite enjoy them now ) just make sure you know what to say and why.

 

the normal proceedings take place in an office, a bit like a head masters office, just you the judge and the banks representative (if he turns up) its very informal nothing to worry about.

 

pete

[bobneedhelp]

x20 thanks the General Clerk did not let me know; said she will give the N244 to the judge that afternoon

- although i did ask if it can be heard the same day but the General Clerk said she could not tell me at this stage except the Judge - sigh!

Can I call them and ask again or wait for the letter to come within the next few days?

 

thanks and thanks very much .

..i did sleep for about 5 hours today and i guess it is good to do that

...you mention what to say and why?

 

what do I say and why?

if i do not know what's coming around the corner - sigh!

 

I am glad to know that it will be a room and hope I can come out in one piece

- mindset tells me differently

- too many stories and televisions ..

..sigh!

 

x20, Pete, Olive and all

 

Just to let you all know that for all the others DCA's (read though letters from them again and again and found 4 in total with 10 lettters written (1CCA and 1 Statute Barred) of each written to (DCA, Appointed Solicitors, other DCA's).

 

I have managed with good help to get (letter M and N) prepared and will try to send them out today with the £1 postal order for the CCA

- thread on 'Registered County Court Judgement'.

 

One question - since I have not had an reply yet, I will ask here for help too

- Do I have to write on the postal order and what is it that i write?

 

Thanks again.

 

On the POSTAL ORDER Issue - still no reply from anyone yet! sorry for pestering again - HELP if you are around!

 

DO I hand write the names of the DCA or appointed solicitors on the postal order?

Is this alright to do so?

UNSURE and NEED ADVISE PLEASE

- I like to go out this afternoon and post these letters if possible.

 

And Do I need to take a photocopy of these postal order too?

[surfaceagentx20]

If nothing has arrived in tomorrow morning's post, give the court a ring to find out when the hearing of your application to set aside the judgment will take place. You need to know where you stand on this because of the application for a charging order to secure the judgment and which is due to be heard on 1 September.

 

If your application is to be heard after 1 September you may want to ask on the phone if the Judge would adjourn the charging order hearing until after your application has been decided. He may already have done this because the likelihood is that the court would adjourn the charging order application pending the hearing of your application to set aside. Knowing this, the Judge might adjourn it now and save you having to go to court on 1 September.

 

If the court does not adjourn the 1 September hearing before that day you will have to go to court on 1 September to ask the court to adjourn it.

 

On the postal order issue, I think you're asking how to fill out a postal order. You need to get the name of the company who will cash the postal order on to the postal order. That name will be the same as the name of who you send it to. All this is done down at the post office. If the post office doesn't provide a service for electronically printing that name on to the postal order then it needs to get on there by some other way. That other way would be in hand writing.

 

x20

[bobneedhelp]

postggj - thanks. I have bought the postal order and I will have to write the DCA i.e. Hamptons Legal, Red Debt Collection Services, Lowell portfolio I Ltd and so on. I am assuming this is right and I will also crossed the postal order too.

 

YES I will give the court a call tomorrow afternoon if I do not receive any letter from the court and will ask as stated.

[OLIVE.FAMILY]

Hey Bob,

Just popping in to say hi and keep up the good work. Once you have posted off them letters it is all a matter of waiting.

 

You are doing well xxx

[bobneedhelp]

Olive thanks alot for the confidence - i am keeping my chin as high as I can ...at the moment, I am feeling tired and will go sleep for a short while and be back real soon ...thanks once again for being here for me.

[bobneedhelp]

big breadth .... I have slept for a good number of hours for the weekend ..for the first time .. I am able to walk alone and think a little straighter ....mostly being a little happier ..thanks ...I have not heard from the court as to whether they will let me have the Application Notice Hearing first before the Charging Order Hearing - tomorrow is Bank Holiday and I think the court is shut? so I will call Tuesday and hope it is not too late - sigh!