Pheonix/carter unknown CCJ For LIttlewoods 'cat' debt - **set aside**

[SharpmanTF1]

Could some one advise if this is useful in the OPs case

 

Claimant's duty to apply to set aside judgment

13.5 - (1) This rule applies where -

 

(a) the claimant has purported to serve particulars of claim; and

 

(b) the claimant has entered judgment under Part 12 against the defendant to whom the particulars of claim were sent.

 

 

(2) If a claimant who has entered judgment subsequently has good reason to believe that the particulars of claim did not reach the defendant before the claimant entered judgment, he must -

 

(a) file a request for the judgment to be set aside(GL); or

 

(b) apply to the court for directions.

 

 

(3) The claimant may take no further step in the proceedings for the enforcement of the judgment until the judgment has been set aside(GL) or the court has disposed of the application for directions.

 

Clearly they must now know that the defendant did not recieve the poc.

[creditcardmug]

Hmmm... i wasnt aware of that one, but the Op needs to get the ccj set-aside.

I dont know too much about how to do this, i understand it needs to be done asap after the judgement, but im sure others will be on to help, who know more about it.

[andrew1402]

all i have got which i need help with is an N244 form and ex160 application for fee remission i've never done this before and there is no date on the n244 form i want this set aside i didn't live there in 2002 i have recieved no information about the debt only over the phone from the courts it's for goods recieved at an old address which i moved out of in 2000 i have wrote to the letting company for which i lived in the flat/house to provide me wth the evidence of when i moved out of the property in question any ideas to get this thrown out or set aside without an hearing.im on income support.Thank you all of you for your help on this annoying case.

[SharpmanTF1]

take a look on this site for some info on your n244

 

Fees

[creditcardmug]

bump

 

Bump, OP needs help with n244 to set-aside a ccj, details in link in post above, can anyone help?

[AndyOrch]

Hi Andrew for your information N244

 

I will try to get back with more on your application to set aside later

 

13.3 (1) In any other case, the court may set aside (GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside (GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

 

 

Regards

 

Andy:wink:

[AndyOrch]

You will base your reason on the following example i have posted from a previous case (ie in the large empty box):grin:

 

 

I wish to apply for a set aside as I did not receive the response pack when the claim was issued.Had I received the claim, I would have submitted a defence and counter-claim against the Claimant,as it is my belief that no credit agreement exists.

 

I was totally unaware of the existence of the County Court Judgment, until very recently, when I obtained a copy of my credit file from Experian. On the basis of that information, I requested a copy of the credit agreement on the xx xxxx 2008, from the Claimant, that the alleged debt refers to, under s.77/78 (Delete as ness )(1) of the Consumer Credit Act 1974. My request has been completely ignored by the Claimant and they have now been in default of said request since xx xxxx 2008. I have enclosed a copy of the letter sent to the Claimant, as evidence of my request.

 

It is my contention that as a result of this and the aformentioned reasons, the Judgment has been improperly granted.

 

I would therefore respectfully ask the Court to set-aside the Judgment, on the basis that I never received the claim pack and consequently was denied the opportunity to respond to the claim; which I would have done as it is my sincerely held belief that no credit agreement exists.

 

 

Ok with the above? you now need to draft your Directions to attach to the N244 along with everything else ie CCA S.A.R etc as much detail as possable in the papertrail.If there are any questions you are unsure of on the N244 just post

 

Regards

 

 

Andy

[andrew1402]

andyorch i have not gone on experian yet an the letters are from bryan carter i sent him the letters requesting information because he acting on behalf of phoenix i did't send a copy asking for information on the debt does this matter.thanks m8 but would this work?courts thmselves have give me brief information like it's goods recieved at old address in 2002 from littlewoods phoenix bought the debt obviously but sent everything to old address until august this year bryan carter acting on behalf of phoenix sent me demanding letters did i need to send a request for information to phoenix as well as bryan carter or can i just carry on with this as you said andyyorch.i didn't live at the address in question i moved out on july 24th 2000 3 days before my daughter was born because it was a flat which didn't allow children we had to move out.

Edited October 27, 2008 by andrew1402

[andrew1402]

i sent a request for information to bryan carter 11th october still no information.so i send a copy of that to court and what else do i need to add to the evidence.do i take my papers to court because the court is a fair distance from my home and i don't have transport anyone please help.

Edited October 28, 2008 by andrew1402

[andrew1402]

hi i have had lots of help with my case against bryan carter which since i have requested information not heard of since story is i recieved 4 letters saying going to court etc you 258 i had a form from the courts i think 244 or 245 form to have the case set aside it must be 6 yrs old and goods recieved in 2002 from littlewoods phoenix have tried to get the money this information is from the courts which i asked for over the phone this is what they tol me it's from an address i have not been in since 2000 when my daughter was born i tried to get proof that i didn't live there in 2002 but to no avail but a letter from 2001 saying i moved in with my girlfriend at the time now wife from the council any august 2008 i get letters from bryan carter saying i owe this amount i requested information from him but no reply i filled out some forms from salford county court which is my local court as stated above i asked it to be set aside ive sent my papers of last week still waiting to hear then this morning a letter from the bailiff saying i owe £77.25 for a warrant back in october it is official it has hmcs the form the court sent was a n244 it is now phoenix recoveries uk ltd s.a.r.l v me anyway do i have to pay the warrant if im defending in court?.

[andrew1402]

Does A Warrant Have To Be Paid If I Am Waiting For Case To Be Set Aside The Warrant Is Signed By The Bailiff Come On Some Must Have An Answer My Posts Never Get Answered Anymore I Have Untill The 24th November To Pay The Warrant Or Goods Will Be Levied.

[postggj]

andrew

 

please be patient

 

a lot of members who deal in theses matters are still at work

 

just keep bumping your thread on a regular basis

[palomino]

The warrant will be a Warrant of Execution and the bailiff will be a Court bailiff - essentially a message boy.

Ring up the bailiff and explain the situation. Perhaps the bailiff will hold off until the matter is resolved.

 

BTW the warrant expires after six months.

[andrew1402]

thanks for the reply palomino i'll try monday first thing to hold it off but i thought im not supposed to speak to bailiffs but she seems friendly enough i'll give it a try all my forms have been sent to court to be set aside no news just yet in my bryan carter case.

[andrew1402]

rang the bailiff she has held it off thanks palomino

[palomino]

County Court bailiffs are salaried employees unlike certified bailiffs who work on commission. County Court bailiffs tend to be a bit more relaxed about things - but you still need to be careful!

[andrew1402]

thanks m8 i'll be cautious in this tough case.the ccj isn't on my credit report i've checked i said in my set aside form.i mention it the other day while enquiring about this warrant and they say it takes time to update we are talking 2002 it takes time lol.

[palomino]

If the CCJ dates back to 2002 then it has almost certainly died and gone to heaven (unless it was Dec 02). You would be in the clear on this one.

 

The best way to check is the Registry Trust - CCJs, court orders & fines - Search yourself and others - Trust Online - but you have to pay a fee of £8 I'm afraid. If you have had more than one address in the relevant period then it's £8 for each address.

 

Thinking this through, you have been served a Warrant. What date is the Warrant? It will have the case number on it. Ring the Northampton County Court Bulk Centre - 0845 408 5302 - and ask what the date of judgment was.

[andrew1402]

hi guys got my date for my hearing jan16th 09 i have asked to be set aside with hardly any evidence only a letter from council which just states MR (surname)moved in 2001 i forgot to send letters to court which i sent bryan carter im worried and very depressed i might lose i have not contacted phoenix or littlewoods im an idiot i sent request for information only to bryan carter which i only have post office reciepts of recorded delivery i have no response from him or phoenix only the courts i've checked credit file nothing of this in november if people want more information read my link bryan carter&co

any help of what to say at hearing would be useful.

[palomino]

Andrew, please write in proper sentences - it makes things much easier to understand and therefore more likely that you will get some help.

[sea-sidelady]

All threads merged in to 1. Please keep all update on here as its hard for people to keep track when there are multiple threads on the go.

[andrew1402]

Im just explaining how it is im not perfect at grammar just wrote whats going on.Put the link in here to so people can see whats going on an update and need some advice for what say at the hearing, i've never been before i'm not sure what to say.

[postggj]

andrew

this is quite a long thread so can you give me the short version

from what i can see you are applying for a ccj to be set asside, is that correct

if that is the case, when was the ccj awarded, date please

what are the grounds on having it set asside

 

you have a hearing on the 16 jan to set asside

is this correct

[andrew1402]

i have asked the case to be set aside on the grounds i didn't live there on year in question and lack of knowledge of the debt and i also put doesn't show on my credit report.i checked credit report in november no default i mentioned that on the phone to court they said it won't show yet they need will need to update but surly it would of updated years ago when i supposed to have originally been defaulted am i missing something here?, i got a print out of my report and is this a new default for a very old debt 2002 or can it get libeled because it's over 6 years old?. i need to know what i can say in my defence that will help me win if i can?.

[postggj]

me again andrew

i think its best if i read your entire thread

give me thirty minutes and ill get back to you