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HELP needed have ccj placed today like to set aside due to the defylt notice being wrong


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Hi Please would like your thoughts and help if OK please

 

Today we had a CCJ placed on my wife which was a suspended goods order with the 28 day rule.

 

We had only a 5 minute hearing but we wanted to explain that the default notice we believe was not in the proper form as it was including charges etc also the wording said that she was in rental arrears of 1,084.46 as of the 13/01/10.. This figure was including charges. am i right in saying because of this the action should not have taken place???

 

Also the date of termination we had paid 250.00 for the month but the witness statement and court papers did not included this payment. so was showing the figure before the 250.00

 

We did have a reduction of 415.00 charges taken off by the company at the hearing after i showed them an early e -mail they had sent us but then changed there mind last week by letter The company agent could not explain this to the judge so the company gave us the 415.00 back. I must say at this point the agent and the judge went through the figures so quickly i lost track at what they where saying and where the figures come from. i still have no clue what they where saying or doing.

 

Do we still have a case to get it set aside due to the wrong info on the default notice etc.

 

I also know the witness statement from the company given to the court also had the wrong figures on it will this help

 

Many thanks for you help

 

Andy

ANDREW FARMER

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I have just found out that the OFT information sheet which was sent out with the defualt notice was in fact out of date i understand that a up to date sheet must be sent out with each notice am i also able to use this as a defence to obtain an set a side

 

Thanks

Andy

ANDREW FARMER

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It may be a great deal to yourself but in my view they are small insignificant errors which I believe a Judge may overlook. If at the end of the day then monies are owed and you cannot afford to either pay in full or make significant inroads to clear it within say 6 months then you may be better off putting the £75 application fee to paying it off. Sorry to appear so negative but you did ask.

 

PT

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