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    • Hi Andyorch and BankFodder I have now completed all the steps I just need to have the final approval to submit after checking, I really do thank you all so much and when the matter is resolved I will proceed to send in a donation for all your assistance as I WOULD NEVER have got to this stage without you all at the FORUM
    • GOOSEDALE LETTER  CAG GOOSEDALE LETTER.pdf
    • daughters confirmation   Claim number: 164MC057 Leicester County Court County Court 90 Wellington Street LEICESTER LE1 6HG 23 October 2020                                  MRS XXXXXXXX v GOOSEDALE LTD T/A GOOSEDALE Dear Sir/Madam In accordance with and under Rule 19.2(4)1, I confirm I have no objections that the District Judge allows myself XXXXXXX (nee XXXXXX to be added to the Claim Number 164MC057 in addition to my mother, Mrs XXXXXXXXX I certify and sign this letter to confirm that I am entitled to be added to the claim under the rules above. I also confirm that I would like my mother XXXXXXX to represent me at any Hearings in this matter as Claimant and deal with the issue, proceedings and claim including enforcement.   Yours faithfully    
    • Morning all   Is it possible to reference a case, even if I have no mentioned in my WS?
    • draft order   Leicester County Court County Court 90 Wellington Street Leicester LE1 6HG   In the Leicester county court Claim, No 164MC057 Before District Judge McClure Dated 23//10 2020 Claimant/s Mrs XXXXXX Mrs xxxxxxxxxxx  (nee xxxxxx xxxxxx) and Defendant Goosedale Ltd T/A Goosedale Draft Order IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant xxxxxxxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1) ###### End of Order ###### Amended Particulars of claim for N1. The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.        
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CCJ / First Credit Problem


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In late 2006 I was issued with two separate CCJs, both by Northampton County Court in the same month and both in relation to the same bank. The two amounts collectively came to over £40,000, and were derived from two loans, one credit card and an overdraft that had all fallen into arrears.

 

After the making all the payments as instructed for over a year I was then notified that I was to be made redundant in early 2008. At first I didn’t act on these CCJs hoping that I would get back into work quickly and be able to catch back up. During this time I received two visits from the bailiff from my local County Court who left a brief calling note on one occasion (re CCJ2). I also received one letter from this bailiff (Warrant of Execution re CCJ2).

 

By spring 2008, and having not got a job within 3 months, I then telephoned Northampton County Court who sent me an N245 (just the one) and instructed me to ask for the payments to be deferred.

I completed the N245, put both reference numbers on, enclosed my £35 cheque and returned it to Northampton County Court with a covering letter (again stating both reference numbers). The cheque was banked within just a few days.

 

After hearing nothing back for several weeks I telephoned Northampton County Court and was told that the debt had been referred back to my local County Court as it was in arrears, and that they were unable to deal with it. They were unable to comment on whether it was they who banked my cheque. I then telephoned my local County Court who claimed that I would have to deal with Northampton County Court as the CCJs were issued by them.

 

This was now summer 2008, I was still unemployed, and had not made a payment on either judgement for 6 months. By this time I was also receiving letters and phone-calls from Allied International Credit regarding CCJ No 1, and Credit Security Ltd re CCJ2.

 

Having not got very far with telephoning the two Courts I decided to write to each of them, and sent a copy of my letter to Allied International Credit. Several weeks again went by without any response.

 

Now into the Autumn of 2008 I received a letter from my local County Court, explaining that I should have completed two separate N245s and enclosed two separate £35 cheques,. They claimed the delay was caused because I had not put a reference No. on the N245 but this was most definitely not correct (Northampton CC even put one of them on the N245 for me and my covering letter had them both stated).

 

At this point I admit that I sat on things for a little while. I was reluctant to send another £35 to Northampton CC having done so once and not heard anything back, but as winter 2008 approached I was still unemployed and had not made a payment on either judgement for 12 months.

 

Bringing things up to the present day, this month I have received 3 letters from 1st Credit and one from LCS Solicitors, all in respect of CCJ No.1 . They threaten me with further legal action (including possible CCJ) so it appears that they are fairly standard letters. However, the worry of bailiffs crashing through my door at any moment is at the forefront of my mind every waking moment.

 

Since these 2 CCJs were issued I have had dealings with the banks solicitors (to whom payments are made), both Northampton CC and my local CC, bailiffs from my local court, Allied International Credit, Credit Security Ltd, 1st Credit, and LCS Solicitors. I honestly don’t know what to do, or who I should write to.

 

I am still unemployed, and my state benefits leave me £10 per week after my rent has been paid. I can’t afford to spend £35 on another N245 when the first one never got dealt with but I am so worried I can’t begin to describe.

 

Apologies for the long post, but if anyone can help or advise I would be so so grateful.

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OK.

 

The initial cheque for £35 has been cashed so ask your bank for the account it was paid into, which branch it was deposited and when.

Note of all the details - account no., date and anything else and give Northampton CC a call or write to them with the details and ask them for a refund.

 

Your County Court are right that two N245's should be submitted as it is two seperate CCJ's that need to be dealt with.

 

You can apply for the CCJ payment to be varied but as you're aware this costs £35 a piece.

 

You need to act fast on this as you haven't made any payments recently and both creditors can instruct bailiffs.

 

It would be worth writing immediately to both creditors offering a token payment until you can get £70 together to apply for a variation order on the CCJ's.

 

This needs your full attention as you may face action from Bailiffs or a Charging Order if you own property.

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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To see if you are fee exempt have a read of this -

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

EX160a is the form you need to read.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Thanks for the advice so far. From the comments it would seem that I need to be dealing with Northampton County Court on both of these Judgements, rather than my local CC or the DCAs.

 

I'm going to write to them today regarding the N245 I have already paid for, and request a separate N245 for the other CCJ.

 

It's just frustrating that having already done one of these several months ago I have not had any kind of response and the pressure on me is increasing at a rate of knots.

 

I will post any updates here.

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I'm no expert on this but after not having made payments on either of these CCJs for over a year am I not likely to be at risk of court bailiffs entering my property? Or bankruptcy proceedings?

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I'm no expert on this but after not having made payments on either of these CCJs for over a year am I not likely to be at risk of court bailiffs entering my property? Or bankruptcy proceedings?

 

They may send round baliffs but do you have anything of any value? They won't make you BR as you do not have assets to cover teh debt and their costs.

I'm not saying ignore it, butthere is no need to panic about them sneaking in charging order applications.

Consumer Health Forums - where you can discuss any health or relationship matters.

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but do you have anything of any value?

 

Nothing with any significant re-sale value but plenty with practical or sentimental value so I'd be very loathe to have anyone come in picking and choosing.

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  • 3 weeks later...

Update :

 

I've just had a response from the CC regarding 1 of my CCJs (still waiting to hear on the other).

 

It simply states 'Upon reading the N245 application of the defendant it is ordered that... 1) Application misconceived, 2) Application dismissed.

 

It goes into no more detail than that, therefore what exactly are the implications of this judgement?

 

I had sent in a covering letter and some related correspondence that explains my position as per post #1, ie that I am over 12 months behind on this judgement as a result of being unemployed, my income from the state doesn't even cover my rent, and that I have no savings.

 

What exactly am I supposed to do next?

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in view of the amounts is it worth thinking of bankruptsey? I'd don't know if CCJ's would be covered by this so it is worth looking at. It would certainly get them off your back and it would all be over a lot quicker but some else needs to advise on this.

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Bankruptcy is definitely something I have considered, although there have always been two significant reasons why I have tried to avoid it if at all possible (the primary one being my employment or future employability).

 

I'm just puzzled by the CC decision not to suspend the judgement, which effectively means that they expect me to pay £250 per month despite proving to them that I have no income, and also that they expect me to find almost £4000 to bring the CCJs up to date, despite proving to them that I have no savings.

 

In other words if you have a CCJ and then lose your job your only option is bankruptcy, which seems odd given that the return to the creditor would be much higher if I can have the CCJ suspended until I return to work and can resume payments.

 

I am inclined to think that bankruptcy is now my only option but would seriously appreciate any further advice or opinion.

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Also, could anyone possibly suggest why they might deem my application 'misconceived' before dismissing it?

 

And whether the court will elaborate on this ruling or is that likely to be all I'll get?

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