Suspended AOE with Welcome but Set Aside CCJ Hearing - Confused?

[loobyloo35]

In the week I received my Hearing date for May 09 to have my CCJ through WF set aside.

 

I was told/advised that I need to make no payments until such date (through someone who has dealt with these before and not the Court) and to sit back and wait until this date.

 

Two days later I received a suspened AOE from the same Court advising me to pay X amount per month starting April 09.

 

Now I have been told that I shouldnt have received this or perhaps the relevant departments don't communicate.

 

Can someone englighten me please. Do I need to start making payments or do I need to phone the Court and find out what they are doing?

 

Thanks

[babybear39]

The best thing to do would be to phone the court.

[loobyloo35]

I have put my case in writing to the court so am waiting to hear back.

 

I am currently dealing with two other CCJs and wondered why they have made me pay £30 a month for this one when I offered £5 and would they have to take all CCJs into consideration regardless of what court is dealing with them when I make arrangements to pay the other CCJs - does anyone know how this works please?

 

I am guessing they think I have £30 a month disposable income and then if another CCJ needs to be paid they would reduce the £30 to use the money to help pay the other CCJ - is that right?

 

Thanks

[loobyloo35]

I have today heard back from the Court saying that the payments are suspended until the Hearing on 22nd May - shame that letter didnt get to me before 20th April when the first payment was due as I have already sent it!!! Grrrrr!!!

 

Anyway if I make payments up until the Hearing will that go in my favour and be additional ammo to get the CCJ set aside?

 

Also thinking about it, the loan was secured on my property so when the house was sold I was under the impression that the loan would get paid off and hadnt heard anything so took it that it had - obviously I would word it better but could I use that in my defence?

 

AND..... if successful in removing the CCJ will the Default be removed as well?

[loobyloo35]

bump

[loobyloo35]

I never heard back from the Court re my attendance, but that doesnt matter anymore as I received the Judgement Order today and it says...

 

Upon the Claimant not appearing and the Defendant not appearing:

1. The judgement dated 7 Jan 09 is set aside.

2. The Defendant shall file and serve by 4pm 6 June 09 her defence setting out in detail the basis upon which she wishes to dispute the claim and endorsed with a statement of truth.

3. No order as to cost.

 

I assume given the Judgement was set aside that I do not have to answer No. 2 above as I am not contesting their decision???

 

I am currently paying this debt at £30 per month and will continue to do so before I find I get another CCJ slapped on me for this.

 

Will this affect my credit score alot or not much and also when will it show as clear on my credit file?

So can anyone point me in the direction of what happens now please?

[the_shadow]

I never heard back from the Court re my attendance, but that doesnt matter anymore as I received the Judgement Order today and it says...

 

Upon the Claimant not appearing and the Defendant not appearing:

 

1. The judgement dated 7 Jan 09 is set aside.

 

2. The Defendant shall file and serve by 4pm 6 June 09 her defence setting out in detail the basis upon which she wishes to dispute the claim and endorsed with a statement of truth.

 

3. No order as to cost.

 

I assume given the Judgement was set aside that I do not have to answer No. 2 above as I am not contesting their decision???

 

I am currently paying this debt at £30 per month and will continue to do so before I find I get another CCJ slapped on me for this.

 

Will this affect my credit score alot or not much and also when will it show as clear on my credit file?

So can anyone point me in the direction of what happens now please?

 

Loobyloo, couple of things...

 

first you may want this moved to the legal forum for experienced legal opinion, click on the red triangle and request it if you do.

 

Second I'm confused... what grounds did you give for setting aside the judgement of 7 Jan 09.

 

The order is asking you to file a defence against the claim that was brought against you that resulted in this CCJ....in my opinion, as if you dispute the whole claim.

 

S.

[welshwizard]

That is really not fair though giving you one day to get your defence in

[I've got no money]

They have set the Judgment aside and ordered that you file a defence - can you post a copy of the claim form together with a copy of any other docs that you have and we'll see if you have a defence

[loobyloo35]

Hi no I cant sorry as I do not have a scanner at home to load it up.

 

So are you saying that the Judgement wont stand if I dont file a defence?

 

Also my defence is that I never received the paperwork, I didnt live at the address when the papers were posted to me etc., also I do not believe the amount that is owed to be a true balance.

[I've got no money]

There is NO Judgment it has been set aside- if you don't file a defence they will get one

[loobyloo35]

There is NO Judgment it has been set aside- if you don't file a defence they will get one

 

So are you saying if I do not submit a defence they will go for another CCJ?

[noomill060]

Yes.

[loobyloo35]

I need to get an extension of this defence as they have given me until 6 June and I only received it today!

 

So if I do not submit a defence they will get another CCJ and I will be back to trying to get it set aside again will i?

 

So what happens when I submit my defence?

[I've got no money]

The Defence will be sent by the court to the claimant who will then decide whether to pursue the claim

[GamekeeperToPoacher]

Hi no I cant sorry as I do not have a scanner at home to load it up.

 

So are you saying that the Judgement wont stand if I dont file a defence?

 

Also my defence is that I never received the paperwork, I didnt live at the address when the papers were posted to me etc., also I do not believe the amount that is owed to be a true balance.

 

Hi LL,

 

PLease forgive me if I ask obvious questions!

 

When you first became aware of the CCJ did you send CPR request?

If so did you get a response?

 

If you sent but did not receive it might be worth putting in an embarassed defence. If that is not the right track I would suggest that as a minimum you put in a 'I only received notification yesterday defence'

 

If it is your local court you will have until Monday as they are not open on Saturdays which the 6th is

 

GK

[loobyloo35]

Hi LL,

 

PLease forgive me if I ask obvious questions!

 

When you first became aware of the CCJ did you send CPR request?

If so did you get a response?

 

If you sent but did not receive it might be worth putting in an embarassed defence. If that is not the right track I would suggest that as a minimum you put in a 'I only received notification yesterday defence'

 

If it is your local court you will have until Monday as they are not open on Saturdays which the 6th is

 

GK

 

 

Thanks for your message, I have to say that this is confusing the hell out of me as this is the first time I have had to deal with this !

 

Basically, I moved from my old house about 18 months ago, the loan was originally secured on the house, but the house was repossessed back in Oct 07.

 

I didnt hear anything and had my posted redirected for 12 months.

 

It wasnt until I received a "court man" knocking on my office door over the road from the Courts that I knew anything about WF chasing the monies. He was handing me a statement of earnings which I was meant to give to my employer.

 

I filled in all the necessary paperwork myself and the Court issued a £30 per month payment suspended until the 22nd May hearing. However, I started to pay this back at the rate agreed and have made two payments before the hearing date.

 

I have NEVER received any default notices, warning letters, letters chasing for payment nor did I receive the Court papers as these were clearly sent o my old address.

 

The CCJ was put on my old property in Jan 09 which would explain why I never received any paperwork as the redirection service stopped in Oct 08.

 

These were my grounds for having the CCJ set aside and they have agreed to this, but as for submitted my defence, I have no idea what it is I am submitting - can someone help please, thanks

[babybear39]

LL, I've flagged your post asking for help

[I've got no money]

Ok - you need to lodge, today, an application on an N244 for an Order that the time for the filing of the defence be extended by 14 days. The ground for the application is that you only received the order on the 5th June and the Defence was due on the 6th. In the circumstances you haven't had time to prepare a proper defence

[I've got no money]

Have you got any documents at all - the claim form or the original CCA - if you have post them and we'll try and sort out a defence for you to file

[loobyloo35]

LL, I've flagged your post asking for help

 

Thank you that's great.

 

LL

[loobyloo35]

Have you got any documents at all - the claim form or the original CCA - if you have post them and we'll try and sort out a defence for you to file

 

I have just telephoned the court to ask why I have only just received this form when it was dated the 1st and could I ask for an extension.

 

She said because the 6th June was a Saturday I could put my defence in by Monday morning, which I think gives me enough time to sort this out over the weekend.

 

She did make some comment about WF added interest and has had various issues with "this lot" which I did find amusing.

 

She said that I could use my reasons for having the CCJ set aside as my defence.

 

I cannot put any of this up on the site unfortunately as the scanner is at work but all sites for loading photos are blocked and I do not have a scanner at home - sorry to be so useless!

 

Apparently when I submit my defence it goes to the other side because at the moment I don't have to pay them a penny according to the Court as they have no Judgement to make me pay. She also said that if they win they could enter the CCJ again which I don't really want to happen so what I am going to do is continue to pay the £30 per month then it shows willing, she said that was a good idea.

 

I told her that approx £5k of this is interest charges and all their other charges and I WOULD be disputing this amount, the other part of it is the loan which I took out. HOWEVER, this loan was part used to pay off the first loan I had with WF and I have been told that doing this is dodgy in itself!

 

Ask away any questions and I will do my best to answer to get the best possible answers to you.

 

I do have copies of the CCJ at home and I could take a photo and post it up that way if that is of any help to anyone?

 

Thanks in advance LL

[the_shadow]

LL

 

Do you have a copy of the signed loan agreement at home? did you advise the loan company of the change of address? (if so in writing?)

 

S.

[cerberusalert]

I cannot put any of this up on the site unfortunately as the scanner is at work but all sites for loading photos are blocked and I do not have a scanner at home - sorry to be so useless!

You can always scan them at work & then email them to yourself if you don't have a memory stick or mp3 player you can load them on.

[loobyloo35]

You can always scan them at work & then email them to yourself if you don't have a memory stick or mp3 player you can load them on.

 

I don't have them with me today but I can scan the Set Aside Note I got today as I have that with me, but I wouldn't be able to scan the others in until Monday and then it would be too late- thanks for your advice though