n244 Help Please

[WildmanFlint]

Hello,

 

I started this thread in the DCA forum, but I think the answer to my final question would be best answered here. Any help would be excellent.

 

Thanks

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/185300-default-query.html

[tendogs]

Evening WMF as far as I know there are no parts B or C on a N244

[WildmanFlint]

Hi,

 

thanks for getting back to me. This is the form I have:

 

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n244_form.pdf

[Ell-enn]

Hi there, the form you have is out of date (by about a year). I have affixed the new version.

n244_0400.pdf

[Ell-enn]

If you need any help with completing the form give me a shout.

Also, you'll need to write a statement for Q.10. Best to tick the box for "attached witness statement" and then put your whole defence in the attached document. If you need help with that also, let me know.

[tendogs]

Eek! try this http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

[tendogs]

Beat me to it

[WildmanFlint]

Thanks brilliant thanks. The one I attached was the one I got from Northampton !! The queries I now have are:

Questions 4 & 8

 

And would the reply to question 9 be Alexander James or the water company or both. Any help with 10 would be most appreciated.

 

Thanks Again

[Ell-enn]

Hi, thought I'd post the instructions for the form anyway if it helps.

 

1. Your name

2. Tick Defendant

3. Set -aside of CCJ

 

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except I Believe

Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

I can give you a template for a statement for Q.10 if you need it.

 

 

Ell-enn

[WildmanFlint]

Thank you so much. Honestly, I really appreciate everyones help on here.

A template would be wonderful.

 

WMF

[Ell-enn]

Witness statement template affixed

 

If you are including any paperwork you need to refer to it in your statement i.e. Please see affixed statement - Appendix 1. Give all documents you are affixing an appendix number.

 

You will need to write the claim number and Appendix number at the top of each of the documents you affix.

 

Hope this helps, shout if you have any questions (but I'm off to bed now, back on line in the morning)

 

Ell

Witness Statement Template.doc

[WildmanFlint]

How's this for the evidence ?

 

I respectfully request the court to consider the following when hearing my application:

 

· The Claimant obtained judgement by default having served papers to my previous address and therefore I was unable to defend.

· The Claimant has stated the paperwork was returned to them undelivered, and has informed me to apply for a set aside.

· The Claimant has stated they closed the account on the 31/10/2005, yet the original judgement was for monies owed for the period ending 31/03/2007.

· I will be making payment in full if the set aside is successful, as I would have done if I had received the original summons. The Claimant has agreed to agreed to this.

[The GodMother]

that looks fine

[Ell-enn]

Hi, do you have anything in writing from the Claimant in respect of the above points. i.e. have they written to you advising you to apply for a set aside and agreeing to payment in full following the set aside?

[WildmanFlint]

No, nothing in writing. This was all said on the phone at the end of last week when I made my initial queries with them. Without anything in writing, would it be a case of my word against theirs ? Or should I be requesting transcripts to send in with the n244.

[Ell-enn]

Hi, I think it would take too long to get transcripts - they would probably stall anyway. Send in the N244 and we can do a letter to them confirming your conversation with them asking for their confirmation by return. Send by guaranteed next day delivery, keep a copy of the letter and the receipt for posting and then check on the royalmail website in a few days to print of their signature of receipt. Keep that safe with the copy letter.

 

I suggest you write:

 

 

...................................................................................Your address

 

Date:

 

Their Address

 

 

 

 

 

Dear Sirs,

 

CASE NUMBER: XXXXX

 

I write to confirm our telephone conversation of (date) regarding the above case. On your advice I have applied for a set-aside of the Judgement as the court papers were never received by me and you agreed you would not oppose the set-aside. You also agreed that when the set-aside was granted you would accept full payment of the claim.

 

I would appreciate your confirmation of the above agreement by return post.

 

Yours faithfully,

 

 

 

XXXXX

[WildmanFlint]

Thanks, will get them both off in the morning...will update you with any further developments.

 

And...thanks again.

[Ell-enn]

Remember to send to the court by recorded delivery and keep a copy of the N244 for yourself.

 

Ell

[WildmanFlint]

Will do

 

WMF

[WildmanFlint]

Here's the latest...

Judgement successfully set aside, with no hearing.

 

Many thanks to everyone who helped.

 

WF

[Ell-enn]

Great Result - well done!

[WildmanFlint]

One final question - how long before this will be removed from my credit file (It's still there). When I spoke to the court last time they said they would send the details somewhere.

 

When I emailed Equifax about it they took sixteen days to reply and answered as if it had been satisfied i.e. six years...blah blah

 

thanks

 

oh - I almost forgot. Northumbria Water have also given me £100 compensation !!!! For the distress I have suffered....brilliant

Edited July 7, 2009 by WildmanFlint