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StickySituation

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Ok so I'm checking over my N244 which I need to send off today

But which sounds best.....? I have a spare form so if I need to change it there's no drama.....

 

The alleged debt is a result of a regulated account which was regulated by the Consumer Credit Act 1974. The defendant did not sign a credit agreement as required under the act, and as the account existed prior to April 6th 2007 the agreement is rendered unenforceable.

 

OR

 

The alleged debt is a the result of an account opened by Next catalogues in the name of the defendant which under the Consumer Credit Act 1974 requires a signed credit agreement etc

 

or something else? I'm trying to get the judgement set aside as I have not signed a credit agreement for this account

 

Please, please I urgently need some help here, any advice or suggestions are very, very gratefully received

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Thanks for that r&b it's really helpful to have advice from folk who have been through these situations themselves.

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might be an idea when u get 5 mins to put a summary of where u are. the judgment, poc, have u dun any doc requests etc then it will be easier to get opinion

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might be an idea when u get 5 mins to put a summary of where u are. the judgment, poc, have u dun any doc requests etc then it will be easier to get opinion

 

Will do...the kids have just landed from school so I'll give you an outline in a bit, I've actually realised I have a little leeway because I can send the form off tomorrow morning and still be in time.....thankfully!

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Okay then.......

 

The debt they're trying to chase me for is an old Next catalogue debt and the DCA is Robinson Way.

 

There is no signed CCA..........I know this because I never signed one....

 

They originally tried to serve a warrant of execution at my old address where my ex still lives, but he didn't see fit to tell me about this!

 

I only have one letter from these people to my current address dated 23/6/08, but for some reason they decided to serve the warrant which was issued 1/8/08 at my old address giving me no chance to defend it

 

So now the court baliffs have sent me a letter saying "pay up or else" & I'm filing my N244 so I can get these people off my back.

Edited by StickySituation

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bumping this...as I'm in a similar position with NEXT

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hi sticky,

did u read the links nicklea gave above? they relate directly to wot ur doing and will have plenty of ammo for u.

with regard to the N244 id mention u are a litigant in person, the proof of service at the incorrect address is a strong point in your favour. a very minor point Consumer Credit Act 1974 just so there is no doubt and its a request under s.78 CCA1974, otherwise i think it sets a strong case in my opinion.

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Right

 

did you not defend the claim? if you did not, then why not? it is going to be hard to get a judgment set aside unless you are fully up to speed on the legal arguments which are required to run such a application.

 

Also you will need a draft order and witness statement in support of the application IMHO,

 

 

I need to ask, how old the judgment is and how it was entered ?

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Right

 

did you not defend the claim? if you did not, then why not? it is going to be hard to get a judgment set aside unless you are fully up to speed on the legal arguments which are required to run such a application.

 

Also you will need a draft order and witness statement in support of the application IMHO,

 

 

I need to ask, how old the judgment is and how it was entered ?

 

 

 

The debt they're trying to chase me for is an old Next catalogue debt and the DCA is Robinson Way.

 

There is no signed CCA..........I know this because I never signed one....

 

They originally tried to serve a warrant of execution at my old address where my ex still lives, but he didn't see fit to tell me about this!

 

I only have one letter from these people to my current address dated 23/6/08, but for some reason they decided to serve the warrant which was issued 1/8/08 at my old address giving me no chance to defend it

 

So now the court baliffs have sent me a letter saying "pay up or else" & I'm filing my N244 so I can get these people off my back.

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ok, but when was the actual CCJ entered? was this in 2008? you have covered the warrant but its the CCJ that im concerned about

 

im concerned as , although the courts do set aside such things, there is case law that says such applications MUST be timely and in any event no later than 56 days after the judgment was entered

 

let me think on this for a mo

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ok, but when was the actual CCJ entered? was this in 2008? you have covered the warrant but its the CCJ that im concerned about

 

im concerned as , although the courts do set aside such things, there is case law that says such applications MUST be timely and in any event no later than 56 days after the judgment was entered

 

let me think on this for a mo

 

I'm presuming it was entered in 08, is there any way I can find out?

 

I had no way of making an application within that time limit, simply because I wasn't at the address (the exact date I left was 18th April) and had no idea what was happening

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An order (a draft of which is attached) that the order made by [insert name of judge/master/district judge] dated [insert date of order] be set aside because the Defendant has a real prospect of successfully defending the claim and the court may set the order for default judgment aside pursuant to r.13.3(1)(a) CPR.

 

 

this is the precedent that i have for such things, the above is what i put in box 3

 

 

IN THE COUNTY COURT Claim No:

 

 

BETWEEN:

 

 

[ ]

Claimant

and

[ ]

Defendant

draft/ORDER

Before District Judge Sitting in the County Court on 2009

 

 

UPON reading the Defendant’s application notice dated […] and the witness statements of [ ]

 

AND UPON hearing solicitors for the parties

 

IT IS ORDERED THAT:

 

 

  • The judgment in default dated [ ] on the request of the Claimant dated [ ] be set aside.
  • The Claimant do pay the Defendant’s costs of the application, in the sum of £[ ], within 14 days or to be assessed by the court.
  • The Defendant do file and serve his Defence to the claim by no later than [ ].
  • The Claimant do have permission to file and serve a Reply by [ ].

 

DATED:

 

 

 

 

 

the application would need an witness statement supporting it in my opinion

 

in the witness statement, you could also throw in the alternative available that if the court is not minded to set aside the judgment, then the court should allow permission to file a counter claim on the basis of the Judgment in Southern District Finance -v- Turner which confirms that such an action should be allowed where there is an unenforceable credit agreement underpinning the judgment

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hi PT, is there any chance of a stand alone thread/guide dealing with this issue, or is it not possible with every case being different (and ur time obviously)?

i know myself i found it very difficult to find anything regarding the set aside issue, particularly the filling in of the N244 to begin the process? there seem to be a lot of people in the same boat with CCJs and COs etc and more and more popping up on the site looking to set aside judgments.

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Hi guys and gals sorry I haven't updated for a while but I've been bogged down with coursework, not helped by the kids being off at the minute :rolleyes:

 

Anyway, I've been given a date for the set aside hearing and It's coming up next week. I'm just a bit baffled by a letter I received from Robinson Way a while ago, which was basically telling me to acknowledge the debt and accept their offer of reduced payment, is it just me or does this seem a bit sneaky when there's a court date looming?!?

 

I've pasted the main body of the letter for you to have a look at......

Any thought or advice will be as always greatly appreciated :)

img010.jpg

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That's just a random letter that they send out all the time to try and get people to pay them.

 

I would suggest that it's just coincidence that they sent it to you

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