CCJ default in Northampton - can this be set a side?

[cgowers]

Good evening all

 

I am currently helping a friend who had a CCJ judgement by default at Northampton CC for unpaid solicitor’s fees on 30 July 2012. It has now come to a point where the solicitors have made an application to the courts for a charging order against her home. The original hearing was on 3 October but was adjourned to 28 November. I am strongly in belief that my friend has very good reasons for asking the original CCJ judgement to be set aside for the reasons set out below.

For the purposes of this thread my friend will be X and the solicitor’s Y.

 

Timeline

3J une 2005

X receives a bill totalling £3,435.55 inc VAT for services provided by Y in relation to a divorce settlement.

 

June 2005 to 29 June 2011

X got into serious financial difficulty and set up a DMP through the Consumer Credit Counselling Service (CCCS).The DMP had been in place for 6 years .Monthly payments were made to Y based on what X could afford each year and therefore varied for one year to the next. Only one monthly payment was missed in 6 years.

 

29 June 2011

X received a lump sum payment as part of the divorce settlement agreed by the courts. Originally the settlement amount was secured by a charging order against X ex-husbands property. This was 10% of the value of the property when sold.

 

July to October 2011

X made several attempts by letter and phone to pay the outstanding balance to Y in full. Y never got back to X.

 

26 April 2012

Letter from Y to X. In brief

 

· Outlining to X the outstanding bill of 3 June 2005, acknowledging the payments already made

· Y had a sign authority and undertaking from X dated 12 Feb 2007 under which X had agreed to repay in full Y outstanding costs when the ex-husbands property was sold. To date this property has not sold

· Confirmation that X had tried to arrange to pay the full balance from July to October 2011 when the lump sum payment was received

· Y made proposals to settle the matter, which included

- For an informal charge to be placed on X home address

- Waive all interest from 2005 to Mar 2012

- Discharge all the costs of preparations of charge forms & dealing with HM Land registry

- Would not legally enforce the informal charging order

- Y gave X 21 days to agree to this.

 

26 Apr to 13 June 2012

X made no attempt to contact Y about their letter of 26 April 2012.

 

13 June 2012

Particulars of claim submitted by Y to the courts.

 

21 June 2012

X mum had a serious heart attack.

 

22 June 2012

Notice of issue served by Northampton Court to X. X had to the 6 July 2012 to reply.

 

2 July 2012

Acknowledgement of service sent to Y by X, but only partially filled in by X. X had to put in a defence to Northampton Court by 6 July 2012.

 

30 July 2012

Judgement for claimant in favour of Y in default as X had submitted an incomplete defence.

 

3 Aug 2012

Application for charging order on land or property in relation to the CCJ of 30 July 2012 madeby Y.

 

13 Aug 2012

Y submitted additional information in support of the application by Y for a charging order. Application order to be heard on 3 Oct 2012

 

28 Aug 2012

Letter from X to Y confirming receipt of all paperwork from Y over the past few months.

 

10 Sept 2012

Defence response to claim by Y. Witness statement of X signed on this date. X did not realise that this was supposed to go to Northampton Court for 6 July 2012.

 

24 Sept 2012

Reply on behalf of Y to the witness statement of X.

 

3 Oct 2012

Interim charging order hearing adjourned.

 

 

Briefreason for set aside request

 

 

Mum suffered a serious heart attack on 21 June 2012. Response pack received and partially filled in by X and sent to Y. Acknowledgement of service not dated BUT envelope and contents received by Y on 2 July 2012. Y sent out a reply on 3 July 2012 advising that the original Acknowledgment of Service had not been fully completed and possible steps that can be taken. X received this on 4 July2012 and had to submit it to Northampton Court by 6 July 2012.

X mind was not in the right place as a result of her mum’s heart attack and would have filed a proper defence if this additional stress was not present.

 

Questions

 

1. If X applied for a set aside request, based on the facts provided, what is the chance of her achieving this?

 

2. What is the procedure for requesting a set aside order?

 

Any advice would be greatly received.

 

 

 

[AndyOrch]

Hi cgowers

 

1.Providing you have a good paper trail (which you appear to have) I personally would stick to Y as the reason and not your personal reasons (ie your Mother)

 

2.You make application to set a side using the N244 (application notice) there is a fee of £80.00.

 

If the set a side is allowed you will then have to present a defence with merit.

 

Regards

 

Andy

[cgowers]

Hi cgowers

 

1.Providing you have a good paper trail (which you appear to have) I personally would stick to Y as the reason and not your personal reasons (ie your Mother)

 

2.You make application to set a side using the N244 (application notice) there is a fee of £80.00.

 

If the set a side is allowed you will then have to present a defence with merit.

 

Regards

 

Andy

 

Thanks Andy for your quick reply. In response to your answers:

 

(1) When you mean the set aside reason should be Y, what do you mean by this?

 

(2) The N244 form, is this the form available on the Court website?

 

Thanks in advance.

[AndyOrch]

Thanks Andy for your quick reply. In response to your answers:

 

(1) When you mean the set aside reason should be Y, what do you mean by this? Y =The Solicitor and his incompetencies in dealing with your responses

 

(2) The N244 form, is this the form available on the Court website? Correct

 

Thanks in advance.

 

 

Andy

[ims21]

Thread is being closed - OP reports that this has been resolved but has chosen not to say how