DCA CCJ - old Lloyds Credit Card - CCJ Set Aside

[TheDude1]

OK, I believe if it states "forthwith" it means you need to pay immediately - looks like they waited just over a week before applying for the AOE, so I think they were able to do that due to the forthwith judgement.

 

I never received the Claim Form from Northampton,

 

What can I do next? Thanks

[TheDude1]

Hi, hope someone can help me out,

 

I want to try and submit a N244 Form in order to get a CCJ set aside.

 

The Claimant sucessfully got a suspended AOE over me a few months ago, but it has gone into a dispute due to a few reasons, the main reason they are saying that I never sent them the Direct Debit Form(I did send) - so it went back to county court and they tried to get a CAPS on me, I contested this on the grounds that I did send the direct debit form.

 

Because of all this, I now have a hearing with a District Judge in the next week or so (about the "attachment of earnings application").

 

My question is, should I wait until all this blows over ie regardless of which way it goes (voluntary payment or payment to them through my employer), do you think now is a good time to send the N244 form?

 

On the N244 form, I am stating that I never received the original claim form and because of this I was unable to submit a defence.

 

thanks for any help

[ploddertom]

If you submit the N244 you will need a realistic defence. Do you owe what the Claimant is stating, if so can you pay it? Otherwise do you have counter claim, is the amount owing wrong? If you do not have a good chance of defending then all you are doing is swapping one CCJ for another and you will lose.

 

PT

[TheDude1]

Hi mate, yes I do owe the money - It's originally from a Lloyds Credit Card passed to a DCA. The amount oweing is double the amount of the original CC balance.

 

I'm not in a position to pay the full amount (£3000) to the court, but maybe I could afford to settle the original amount (£1800) in full.

 

Would it be worth ringing the DCA and offering this amount, if it were settled out of court, can I get the CCJ removed?

 

Has anyone managed to get a CCJ removed by settlement 'out of court'?

 

Is it not worth a shot?

 

Please help

[numbers666]

Hi Dude,

 

Get reclaiming all the fees / charges to reduce the balance. Use this as part of defence.... you might find you owe less than 1800.00.

 

Get your ducks in row before making a F and F

 

Have a nice weekend

 

N

[Gaston Grimsdyke]

No chance of getting the CCJ set aside, it was correctly entered. A settlement out of court will not get the CCJ set aside, though would get it marked as satisfied. Check the balance though. The DCA cannot unilaterally add amounts to the CCJ once entered, all that can go on top of it is costs that the court has ordered. No interest can be added because the amount was less than 5K. Seems like the DCA are trying to add to the balance outside of the CCJ. Take the original amount of the CCJ, add the costs of the AE that the court ordered (which will be £100 or so), deduct everything you paid under the suspended AE and that is what you owe.

[TheDude1]

Hi numbers666, I don't think I can dispute the amount as it gone to court - But will be certainly claiming back the CC charges.

 

Gaston Grimsdyke, thanks for the post, yes it does seem ridiculous, £1800 debt - now £3000 - Again, I was advised (on here) that I cannot dispute the amount as it is too late.

 

Are you sure I cannot go for a set aside? Why can't I argue that I did not receive the Original Claim Form? If I could get back to this stage and they give me 28 days to pay in full, I might be able to settle the debt.

[numbers666]

Hi Dude,

 

I would go for S-A on grounds on non receipt... i would enter as a defence that the amount claimed is incorrect due to mass of charges... whilst you will owe part of the amount, getting it back to pre judgement stage is your mission.

 

Once it is set aside, you would then make an offer to the claimant (less the charges) hopefully before the hearing before DJ, and as debt paid claim should be dismissed.

 

For a successful S-A you need cause ie no contact / knowledge of legal action AND a defence to the claim with a reasonable chance of success.

 

As I said , get the ducks in order, the judgement will be removed, no CCJ for 6 years as amounts paid in full prior to judgement....

 

N

[TheDude1]

That's exactly what I want mate, thanks very much for your post,

 

Just need help doing it !!!

 

Ok, the district judge is looking at the AOE application first week of February, so not long away... How do I execute what you suggested? Do I send N244 requesting it be heard on the same time as the AOE application or should I wait for that to pass first,

 

Thank you mate

[numbers666]

In section of 3 of the N244 ‘What order are you asking the court to make and why?’

 

1 Judgment for the Claimant (in default) be set aside. Claim form was not served on the defendant.

 

2 Claim form served on the Defendant.

 

3 Defendant to file a defence within 14 days of receiving the claim form.

 

4 Further enforcemant action suspended.

 

6 Costs reserved.

 

 

N

 

I have also asked the site team to drop by as time is short Dude....

Edited January 28, 2012 by numbers666
site team flagged

[TheDude1]

I can't thank you enough mate, cheers for the help pal

 

Even if it doesn't work, at least we/I tried,

 

Thanks again mate

 

Filling out the form now... As I have a hearing soon with District Judge:

 

Quote

Question 7

If your case has already been allocated a hearing

date or trial period please insert details of those dates

in the box.

 

Quote

Question 8

If your case is being heard in the High Court or a

District Registry please indicate whether it is to be

dealt with by a Master, District Judge or Judge.

 

Do I insert the date and time of my AOE application hearing, thanks for the help

[Gaston Grimsdyke]

In section of 3 of the N244 ‘What order are you asking the court to make and why?’

 

1 Judgment for the Claimant (in default) be set aside. Claim form was not served on the defendant.

 

2 Claim form served on the Defendant.

 

3 Defendant to file a defence within 14 days of receiving the claim form.

 

4 Further enforcemant action suspended.

 

6 Costs reserved.

 

 

N

 

I have also asked the site team to drop by as time is short Dude....

 

And what is the defence? And what is the reason to give for the delay in making the application?

[TheDude1]

Posting it in the morning! If you can think of anything else to add to numbers666 N244 wording, I'd be most grateful, thanks alot

 

Also how much (cheque) do I enclose, cheers

[TheDude1]

I have sent it to the Court and have been given 15 mins "Notice of Defendant's Application to set-aside the Judgment" - to attend in roughly 2 weeks time. Nervous but excited also.

 

I put in the Defence, that the money owing compromises of unlawful charges as well as not receiving original claim form.

 

Well it got to be worth a shot....

 

Now should I get a SAR off to the original creditors (Lloyds) in order to work out the charges? My assumption is if I do manage to get it set-aside, the court will only give me 4 weeks to settle the debt, in order to prove the charges I will need the SAR yes?

 

Thanks for any help

[TheDude1]

Before I submitted the N244 (Set-aside) I had a hearing with a District Judge to read my application about the AOE... The hearing was a few days ago.... And I submitted the N244 before the AOE hearing date...

 

I received a letter this morning, stating:

 

"IT IS ORDERED THAT"

"The attachment of earnings order do remain suspended"

 

I'm not 100% sure on what this means exactly.

 

As I was granted a suspended AOE, this either means the suspended AOE is still "in place" OR as I requested in the N244 form "Further action to be suspended" - That the whole case is suspended until my N244 hearing takes place.

 

I'm leaning towards my first sentance, that the Suspended AOE is still effective, which means soon I will get a letter from the court requesting payment to the Claimant even though I have applied for a set-aside and given a hearing date.

[TheDude1]

Hi all, I have my hearing this week to set-aside a CCJ, on the grounds that I weren't served original claim form and debt owing is comprised of unlawful charges.

 

Have already received a copy of the 'witness statement' from Claimant in readiness for my hearing - objecting to the set-aside.

 

What I want to know is, what is the procedure? Will I be given the opportunity to talk and to present documents (ie my sar letter I have sent to the original creditor in order to work out the charges) or will the judge simply just look at the defendants N244 and the claimants witness statement and make a decision based on that.

 

Just looking at the witness statement now: "Claimant sent letter before action via Royal Mail first class service" - would I be allowed to ask for proof of this posting?

 

At this hearing, can I also request a copy of the original agreement or would that come after a set-aside is granted.

 

Just want to know what to expect! Cheers for any help

[vic synex]

It's a very informal hearing, the judge will look at both sides and more than likely grant the set aside and give you 14 days to submit a defence.

 

It's not the place to request info or indeed discuss anything apart from the set aside, my hearing lasted less than a minute!

[TheDude1]

hehe, 1 minute!! Cheers pal

 

Do you think, because I have admitted the debt that the SA won't get granted?

 

I think I've made the mistake of stating to the DCA of acknowledging the debt but dispute the amount, they've added this 'acknowledgment' to the witness statement and I am now worried it's going to go against me!

 

Thanks

[vic synex]

Your set aside must be on the grounds of not receiving the claim form, makes no difference if you've acknowledged the debt.

 

If you get your set aside it will start the clock ticking as though you've just got the claim form so you can use CPR to request documents.

[numbers666]

Hi Dude,

 

Good Luck with the S-A....

 

Don't worry about the admittance.... you acknowledged a debt to xxx company exists BUT were not given the oppotunity to remedy this debt prior to Legal Action by the creditor.

 

You also dispute the amount claimed by the creditor.

 

You are requesting the DJ to S-A the CCJ on these grounds. It is your honourable intention to make good your indebtness forthwith once the S-A is granted on the provision both you and the creditor can

agree the figure of debt.

 

I assume you have worked out what you believe you owe, and you could offer to lodge this figure with the CC on the day (assuming you have the funds) in lieu of any further hearing(s).

 

DRAFT ORDER

 

CASE xxxxxxx Before Judge xxxxxxxxxxxx on xx/xx/xx

 

The Judgement made on xx/xx/xx at xxxxxxxxxxxxxxx be set aside.

 

The claimant to provide relevant documentation on which it will rely on to the defendant within 14 days.

 

Should agreement between both parties occur before next hearing date and defendant settle, the hearing be vacated and claim dismissed.

 

Parties to bear own costs.

 

I have not quoted CPR as you are not legally trained, its better to keep terms in layman's (or womens).

 

Hope this helps.

[TheDude1]

Thanks both for the posts, very grateful for your advice, cheers!

 

So I shall take your draft order with me to the court,

 

I assume you have worked out what you believe you owe' date=' and you could offer to lodge this figure with the CC on the day (assuming you have the funds) in lieu of any further hearing(s).[/quote']

 

No, I haven't been able to work it out...yet... I sent off SAR to Lloyds on the 13th Feb, if I assume the 40 days start from the 20th, that means I won't get the statements/documents until roughly end of March.

 

I will take a copy of my SAR (and postal receipt) to the court, but if they only give me 14 days to file a defence, I won't be able to work out charges for my defence.

 

Thanks guys

[TheDude1]

Judge rejected SA

 

On the grounds that I took too long to file for a set-aside after being made aware of the CCJ (applied for SA 3-4 months after ccj filed). But it was in dispute.

 

quoted CPR that I only got a few weeks after CCJ.

 

And also said, if he did allow the SA, he belived I had no defence whatsoever or that it wasn't good enough!

 

Re-Apply ?

 

Bit of a downer!!! More of a downer of £120 costs added to the Judgment, plus £80 for the N244

 

To be honest, I don't think I was confident enough to get my points across without stalling and stammering, the pace of questions served by the judge was very fast and I found it hard to think under the pressure, I felt like I was murderer or something !!!!

 

Anyways, still waiting on the SAR from the Original Creditor (Lloyds TSB), I'll get my charges back anyways.

 

Just a question... or scenario...I've got a CCJ and they've got AoE over me.

I've admitted the debt to the Judge.

 

If there is no CCA in sight, how is the debt still enforceable?

[numbers666]

Hi Dude,

 

Sorry to hear about judge roulette!

 

Once you get the docs, get reclaiming those charges.

 

The debt became enforceable on CCJ being granted. A recon CCA is acceptable, also the question 'did you have the money' seems to be enough in these times to pass judgement - a sad fact when stat / case cannot be relied on as intended. - IMHO.

 

You could apply for a sus AOE if you dont want your employers knowing BUT you would have to pay the installments direct and not miss one... otherwise the

sus becomes active

 

N

 

Chin Up

[TheDude1]

Hi mate, thanks again for the help, yes it was worth a go !!!

 

Just makes me sick that I wasn't allowed to submit a defence... I think the Judge was a freemason

 

I think the county courts know some debts might not be enforceable after granting a set-aside, as it would of given me a chance to request documents, and if documents were unable to be produced then no enforcement would of been possible.

 

I was happy to pay off the debt full and final in exchange for set-aside. Now the DCA will get £30pm for the next 10 years. My fax to them illustrated that a F+F was on their way if they agreed to the SA... If I were a dca I would of jumped at the chance and agreed to it !!! Silly buggers!!

 

Cheers all

 

Do you think though even if the DCA would of agreed, the judge would have granted SA automatically without question?

[TheDude1]

Hi, me again !!!

Just a quick question.

 

Recently got denied a set-aside (on grounds of no documention and contesting the amount), claimant also objected to SA, judge decided I did not act quick enough and defence was not good enough!

 

My question is, If one managed to convince the claimant to agree to the set-aside (2nd attempt) - on the grounds of mis-calculation of debt amount (admittance by claimant), what are the chances of Judge granting the set-aside if Claimant agrees full and final settlement of X amount within 14 days of granting the set aside?

 

Is my proposal legal?

 

I mean I could probably ring DCA tomorrow and offer X amount and they would probably agree on this amount(out of court settlement), but I would only get a CCJ satisfied instead of no CCJ (which Is what I want).