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Lisa and HSBC CCA and court advice please


lisaf
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Okay Guys, i have the n244 printed off and need some help please?

Question 3: What order are you asking the court to make and why?

Question 4: Have you attached a draft of the order you are applying for?

Question 5: How do you want this app. dealth with? At a hearing etc. (although i would rather not a hearing - as i'm such a coward)!

Question 6: How long do you think the hearing will last?

Question 8: Level of judge?

Question 9: Who should be served this application?

Question 10: What info will you be relying on, in supportof your appl?

. The attached witness statement

. the statement of case

. The evidence set out in the box below...

 

 

I know I know! That's practically the whole form but i just do NOT want to mess it up at this point especially after re-reading the letter they sent admitting they DIDN'T have my agreement!

Thankyou so much in advance - please don't have a go for me not being able to fill this in as well as you Guys!

Lisa x

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hi Lisaf,

 

I'm slightly confused about what you are trying to do here with a N244.

 

Are you trying get a set-aside on the CCJ ?

 

Are you trying to get a redetermination hearing on the amount you have to pay on the CCJ ?

 

I would advise that you make the first payment on the CCJ whatever. If you miss this payment then that is when a Charging Order will be sought.

 

If you wish to apply for redetermination then contact your local county court and send them this letter (amend to suit)

 

Date,,,,,,,,

 

 

The Court Manager

 

CLAIM NUMBER: ******

 

To the Court Manager:

 

REDETERMINATION UNDER RULE 14.13CPR

 

I apply for this matter to be reconsidered (redetermination under Rule 14.13 of of the Civil Procedures Rules) Under rule 14.13 there is no court fee to make this application.

 

I am unable to pay the full Judgment forthwith/instalment as ordered on (insert date) and submit that this has been set an unrealistic amount.

 

I request the Court reconsiders the Judgment. To assist i enclose an up to date financial statement and list of other unsecured debts.

 

As you can see my budget shows I have £..... surplus / £.... deficit after essetial living costs and also have (insert number of creditors in total). Given my circumstances and considering my finances as a whole I am able to offer £.... monthly instalments and request the Court set the Judgment

at this amount.

 

Under rule 14.13 of the CPR it is clear that because the Judgment was granted without a hearing I am entitled to have this redetermination and if necessary transferred to my local County Court. My application is also compliant with the time limit as it falls within the 14 days from the original order.

 

 

I look forward to hearing from you.

 

 

 

 

 

Yours faithfully,

 

 

Print Your Name

 

Send it next day recorded and wait for reply, when you get the reply dont presume it will automatically get transferred to your local court. If it does not then send this letter to make sure.

 

In the Matter of XXX Vs Yourself

Case Number XXXXX

 

Dear Sir or Madam

 

Re: Redetermination hearing on XXth.

 

I would respectfully ask the court to reconsider the order dated XXth, in which you have set a redetermination hearing on Xth at XXX County court.

 

As a litigant in person the civil Procedure rules explicitly state that there should be an automatic transfer of any redetermination hearing to my local court, which is XXX County Court.

 

The Civil procedure Rules applicable are:

 

14.12 (1) Where a judge is to determine the time and rate of payment, he may do so without a hearing.

(2) Where a judge is to determine the time and rate of payment at a hearing, the proceedings must be transferred automatically to the defendant’s home court if –

(a) the only claim is for a specified amount of money;

(b) the defendant is an individual;

© the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside (GL) or vary default judgment – procedure) or rule 26.2 (automatic transfer);

(d) the claim was not started in the defendant’s home court; and

(e) the claim was not started in a specialist list.

 

 

(Rule 2.3 explains which court is a defendant’s home court)

(3) If there is to be a hearing to determine the time and rate of payment, the court must give each party at least 7 days’ notice of the hearing.

 

I thank you for your cooperation in this matter,

 

 

 

Yours faithfully,

 

Your Name

 

 

 

 

You've said that Metropolitan/DG solicitors will seek a Charging Order.

They cannot do this until you have defaulted or missed a payment on your CCJ.

You will be informed when Metropolitan\DG Solicitors apply for a Charging Order as you will receive copies from the solicitors and the Land Registry of an Interim Charging Order against your property.

 

You will also be notified of the Court date for the Final Charging Order hearing.

 

Finally, I do believe you can apply for a set aside on a CCJ but I have no idea about how to go about this and can find very little info on this.

 

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Hi Supasnooper - yes it's a set-aside on the ccj that i'm after. I know that this will be a particularly difficult task but surely worth a try?

This is what i have been trying to find out since last week but no-one was too sure.

Many thanks for your response

Lisax

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Unfortunately it's not too well documented on the forums how to apply for a set aside of a CCJ unless you've moved house, illness, claim not delivered etc.

 

Yes it is form N244 you'd need to complete for a set aside and also I believe there is a fee to pay.

 

You say that you now have a letter stating that no CCA is available.

Is that for your CCA request ?

 

If so, it may be worth going for a set aside on those grounds as you'll have some proof, together with your dated CCA request.

 

I guess it would then come down to the Judge on the day "lottery" whether you would get a set aside.

 

If you do wish to go for a CCJ set aside, the sooner you do it the better.....but I think you already know this.

 

They're my thoughts anyway.

 

Perhaps someone more experienced may care to comment ?

Edited by supasnooper
spelling

 

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Hi Supasnooper - thanks so much for your comments. It's weird because it's just one of the things that the good bods on here aren't very sure of and I know they only want to give me the correct info.

Yes, I do have a letter from them stating that they don't actually have my agreement so I would have assumed that this would have been enough to set it aside but possibly not!

I was planning to do it asap although probably won't have the fees until next week.

Again, thankyou for all your help so far and if anyone else has a plan? ....x

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Hi lisaf,

 

I would ring the court to ask what you need to do to get the case moved to court nearer to you.

 

I have no experience of 'enforcement' and would hope somebody with the knowledge will advise further.

 

Maybe worth have a look around here - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

 

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Right -got my reply today! It is basically a 'notice of transfer of proceedings'.

 

" This claim has been tranferred to the willesden county court for that court to deal with the defendant's application for judgement to be set aside.

That court will send you and the other parties notice of the time, date and place of hearing".

 

Now, is this a standard reply? Why are they transfering it (as willesden isn't as close as watford to me)? Or would they have just rejected it if they weren't going to take it further?

Sorry for all the questions! Many thanks in advance.

 

Lisa xx

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  • 4 weeks later...

Right an update - got a hearing date of 10th March for a 20 minute hearing.

Does this sound about the right amount of time for a hearing?

Gonna be extremely nervous nearer the 10th!

Lisa

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Right, now i'm assuming it will be just me and the judge? Also although i know the simple no cca - no enforcement etc, what if gets more complicated and the judge says ' well did you have the money or not? - if yes then pay!'

Know i'm sounding a bit manic but i don't want to mess up at this stage.

Also what will i need to take with me? Is it just ALL of the correspondence between myself and hsbc?

Many many thanks

Lisa

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