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Hi

 

Today i received a judgment from Northampton Bulk County Court. It said the reason for judgement was for not answering the court claim.

 

The reason i did not answer the court claim is because i came to agreement with the creditors solicitors to enter a payment plan and they agreed to stop court action against me.

 

I have this in both emails and by way of letter confirming the payment plan.

 

With this in mind can i get the CCJ set aside as the solicitors todl me they would be psotponing court action and not seeking judgement.

 

Thanks

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YES....in one word. - Removal of CCJ's - Step by step guide to the process who were the solicitors ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hi

 

I have been intouch with the solicitors regarding the CCJ.

 

They are now informing me that they only put the judgement on hold and did not cancel it as it would be at an expense to their clients. This is after i advised them i would meet the fees incurred.

 

I was late making a payment on the payment plan and that is their reason for letting it go to a default judgement.

 

They did not once inform me that they were only placing the action on hold. I also refer to their letter stating that if the payment plan went into defaut then court proceedings would be brought against me (not the original claim will go to a default judgement).

 

I feel they have been very sneaky in what they have done and the judgement states reason for judgement is that i did not reply to the claim forms.

 

I did not reply as i entered into a payment arrangement therefore did not fill out the claim forms. So they have also denied me the right to enter a defence.

 

Thanks

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Solicitors always want to win. How they do it can be (as you have found out) very sneaky indeed.

 

I would try to have this set aside saying exactly what you have described here as your reason for defending the claim. You may not be successful though.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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It is the way the are making out they never intended to cancel the court action yet agreeig to a payment plan tells me court action has stopped.

 

Furthermore i explained receiving a CCJ is not good for me as i am financialy vetted for my job and have only recently been interviewed regarding the contents of my file. Even knowing this they still went about doing what they did.

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I got a set-aside hearing for a similar event, File your N244 with the court pay the application fee.

 

And make reference to CPR PART 1 as it appears they ave not complied with this.

 

The overriding objective

 

1.1

 

(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.

 

(2) Dealing with a case justly includes, so far as is practicable –

(a) ensuring that the parties are on an equal footing;

 

(b) saving expense;

 

© dealing with the case in ways which are proportionate –

(i) to the amount of money involved;

 

(ii) to the importance of the case;

 

(iii) to the complexity of the issues; and

 

(iv) to the financial position of each party;

 

 

(d) ensuring that it is dealt with expeditiously and fairly; and

 

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

 

 

 

PART 1 - OVERRIDING OBJECTIVE - Ministry of Justice

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

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Thank you pompeyfaith

 

Would all these points apply to my situation or just certain ones.

 

Thanks

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Well I would sure say this does

 

(a) ensuring that the parties are on an equal footing;

 

ensuring that it is dealt with expeditiously and fairly

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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  • 2 months later...

Hi

 

I recently received a CCJ due to an outstanding debt and received a letter dated 21st January 10 giving me 14 days to make payment or a satisfactory payment proposal otherwise they ay commence enforcement action through the county court.

 

As i received the letter on the 23rd January 14 days would give me to this coming Saturday the 6th yet this morning i received notice from NCCBC that the claim had been transferred to my local county court for enforcement. This was dated the 2nd meaning they have not even given me the 14 days stated in their letter.

 

This just adds another matter to the complaint i am already putting together against this firm over their whole handling of the case from the start. I feel i am been harrassed by the solicitors and would like to know my rights on this?

 

Thanks

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Hi

 

I recently received a CCJ due to an outstanding debt and received a letter dated 21st January 10 giving me 14 days to make payment or a satisfactory payment proposal otherwise they ay commence enforcement action through the county court.

 

As i received the letter on the 23rd January 14 days would give me to this coming Saturday the 6th yet this morning i received notice from NCCBC that the claim had been transferred to my local county court for enforcement. This was dated the 2nd meaning they have not even given me the 14 days stated in their letter.

 

This just adds another matter to the complaint i am already putting together against this firm over their whole handling of the case from the start. I feel i am been harrassed by the solicitors and would like to know my rights on this?

 

Thanks

 

 

Hi james. did you keep the envelope it came in and if so what date does it read?

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Unfortunately i didnt i just received it on Saturday the 23rd.

 

Even if you go 14 days from the date of letter that is todays date and as i have made a payment and proposed a payment plan i have fulfilled what the letter asks.

 

Regardless of that the date on the court notification is the 02.02.10 so they have applied to the court after 10 days when the letter gave me 14.

 

Thanks

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