CCJ issued 'In Default'... help please?

[roysta]

Hi, I have just received a CCJ from Bryan Carter Solicitors, it says 'in default'. Basically what happened is they sent me court papers in january, to which I replied that I wanted to defend the case on the basis that the debt is not mine, I CCA'd them and they sent me 89 pages of statements but as far as I know - no signed agreement, they know I replied to the court claims forms because I spoke to them on the telephone the other day, they want £50 a month!!! I am only on Jobseekers Allowance! I rang them and explained that I dont have £50 a month and they said to send them a financial statement of my current situation...... where do I go from here? Can I get the CCJ set aside? The reason why I didnt defend to be honest is because I was pregnant with my 1st child and then I had a miscarriage so my head was everywhere, I have lost out now, oh I am just so stressed!

[roysta]

Anybody????

[ploddertom]

When you received the original documents from the Court did you acknowledge their receipt & if so who did you send it back to? I note you say you didn't defend and note the reasons why. Did you have any other notifications from the Court - date of Hearing, Judgment etc?

 

PT

[roysta]

Hi, no I replied to the akcnowledgment of service online, you know the original papers that they send you? Well I acknowledged them online and said that I intended to defend, then I didnt receive any other papers, just a letter from bryan Carter saying "Please contact us immediately, meanwhile the asccount has been put on hold for 10 days" but I didnt contact them, then I received the CCJ at £50 a month!

[roysta]

I got no other notifications from the court whatsoever

[ploddertom]

Do you know how much the CCJ was for? If you do know would the amount quoted sound about right - allow approx £100 extra for costs?

 

PT

[ploddertom]

Have you moved address at all since the original debt application was taken out?

 

PT

[roysta]

Yes it says on the ccj how much its for plus £180 costs, and yes I have moved address since the original credit card application was taken out in 2005, I have moved about 4 times

[roysta]

so the amount sounds about right, I am wondering if there has actually been a CCJ regsitered or whether Bryan Carter has 'doctored' this form to try and get me to pay up, if it is a judgenent enetred against me then what do I do? what are my options considering I am only on jobseekers allowance and have no disposable income at all? Thanks

[ploddertom]

There are others here you are much more well versed with the inimitable Mr Carter. A pound to a pinch of s*** it is registered at your old address and lo and behold he has suddenly found your current one - hence the phone call.

 

The way forward in my opinion is to apply for Set Aside - this if successful wipes your CCJ but not the debt - the process goes back to the beginning. If you received no notifications from the Court then this is the way to proceed - the only bugbear I see is that you did acknowledge service. Maybe you could argue because of your health matters at that time you were in no position to defend. Your other option is to apply for a Variation Order where you can reduce their alleged claim of £50 to something more manageable - £2 per week perhaps.

 

Set Aside is done on Form N244, Variation on Form N245 - both available on HMCS website. I imagine you would be able to claim Fee Remission and this is done on Form EX160.

 

I would also have a look at some other threads which contain the nefarious Mr Carter and his alleged dodgy dealings.

 

PT

[ploddertom]

To find out whether you do have a CCJ is to take out one of the Free Trials from Experian or similar and have a look - don't forget to cancel afterwards.

 

PT