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CCJ set aside help please.


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Hi there.

I have been a long time admirer of this site but not really posted before.

 

I have received a CCJ from BOS for a credit card debt, this has come from my county court after they originally tried through the Northampton courts but took too long to reply when I asked for CCA, default notices etc.

 

I got a letter from my local court asking for me to attend a hearing but got it 2 days before the hearing so couldn't attend due to work (I did ring them to advise this).

 

However as I wasn't there it was counted as no defense so now I have the CCJ.

 

I have a N244 form to fill in to get the CCJ set aside but was wondered what I should put to help my cause ?

 

Should I mention that I have recieved no docs from BOS or that I got the hearing date too late for me to attend ? also does the whole form need to be handwritten or could I copy and paste a standard defense onto an affidavit ?

 

Any help would be great as I want to take the form to my local court tomorrow.

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Also where on the form shall I add the point that I want no enforcement action to take place until the application is heard ?

 

thanks again.

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You are better off filling in the N244 online then printing off the finished article. You may apply for Set Aside if you received no documentation from the Court as you have been prevented for making a defence/counterclaim/offer of payment. Please be aware however that you may have to either formulate a suitable payment plan or may be asked to depoit monies into Court as an act of good faith - providing you do owe the money of course.

 

If you want to prevent any further enforcement then apply for a Stay of Execution on the same form pending your Set Aside application.

 

I would also ask the Court to which address the original documentation was sent to - not unknown to be sent to old addresses so that they get Judgment in Default.

 

PT

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