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hello all

 

were to start

today my wife received a warrant of execution from northampton ccbc.

it states that my wife has failed to keep to terms of a ccj which she had no idea was taken against her from wescot for the sum of £1600.00

she registered with all 3 credit reference agencies to see what this is all about

on all 3 we carnt find any registered defaults against her for the past 6yrs but we did notice a ccj placed in april this yr.

i have read up on these forums about filing a n244 which i have downloaded can someone plz advise me what to do next

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Hi,

 

Do you not know what this debt is about? Would you have a Defence to the claim?

 

The next step would be to apply to set aside based on your potential Defence and the fact you were not served with Court documents. Have you changed adress in the last 12 months?

 

Thanks.

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When a claim is started the Claimant will send a Claim Form to Court detailing the claim. The Court then serves the Claim Form on the Defendant who can then choose to defend the claim or admit the debt in full and offer a repayment plan.

 

So for your wife to have a CCJ the must have been a Claim Form issued from Northampton CCBC at some point.

 

As the claim has now been transferred to your local Court they are the ones you need to speak to and ask for a copy of the Claim Form. You will need the quote your claim reference number which will be printed on the top right of the Court form you received.

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ok thnx i will get her to phone them for it first thing.

do i need to get this set aside form filled in and posted a.s.a.p

i was thinking of putting something on it regarding the fact that this is the first she has heard of any debt or any judgement.

and also the fact that had she known it was goin to court she would have put in a defense against it earlier

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Yes you do but need to know what it is about first!

 

The form you will need is an N244 and you should ask for the Warrant to be suspended too whilst you're at it. There is also an £80.00 fee to pay and there will be a hearing at Court which your wife will have to attend. The fee can be waived if you are on benefits or a very low income.

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i have the n244 already

i read somewere on here how much its goin to cost and unfortunatly wont be able to get it waived.

we are at moment panicing as its only given us until the 24th to pay before we get a visit

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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 all

my OH phoned local cc and asked for the claim form which she was told they dont keep a copy of.

she also phoned wescot against my wishes and was told its for a provident debt they obtained in 2007.

she then phoned provident and they couldnt find any traces of this debt

Edited by furyan
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some set aside info

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

as ganymede says, remember to also request that any enforcement action is suspended in the meantime.

if get a visit in meantime, do not let them in, if poss don't open the door, they can't 'force' entry. if poss advise them that have applied for setaside and therefore suspension of warrant, they may be reasonable on that and back off. if don't apply for set aside, can still apply for suspension of warrant n245. have a read/look up of bailiffs rights.

Edited by Ford

IMO

:-):rant:

 

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just done the 60 mile round trip to get the n244 form in requesting for a set aside and the bailiff action cancelled.

i did use the national debtline for help filling in the n244.

my OH says she hasnt had a provident loan for almost 8yrs so im hoping this is statute barred.

i would truly love to get one on wescot.

so now its a case of waiting or is there something else i could do in the mean time

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You say that shes been at the same address for 15 years. Where exactly did wescot send the claim documents originally?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Sounds like wescot are up to their usual tricks.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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from what ive been reading on this forum it certainly looks like they have alot of tricks up there sleeves.

its just good to know there are people on these forums that with sound advice to help others who get caught out by dca lowlifes

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If you want to send a CCA request, you can do. It only costs £1 and if you are lucky, it will make the debt unenforceable and save you a ton of cash. If you are unlucky, you are out £1 and can then start repayment plan negotiations.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes, but you need a very good reason to get it set aside, which is why you need to SAR them. This will show any previous communication ( if there is any).

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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