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Hi New to forum need advice regards CCJ

 

Have letter from country court judgement entered against me regards debt £11.000 to BW Legal.

 

Have been sent judgement for claimant (In default) and appeal form n244.

 

I filed a defence but missed deadline.

 

Requested information from BW Legal no response.

 

I do feel there has been an abuse of process regards this claim.

 

They have written letter saying that a statutory demand was delivered to my address,

 

By a Receivables company.

 

This did not happen, as I was at home for the appointment no one called.

 

I also believe this debt is time barred as I have not had any contact with Lloyds bank for over 6 years.

 

They have written here (Home address for a couple of months last year.

I have also not been served or received a default notice from the company, BW Legal but

 

on the claim form is states a default notice has been served and not complied with?

 

I am appealing this judgement

any help

Thanks

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If you could tell us a little more re the debt/claim Volkswagon and have a read of the link below.

 

Have you retained copies of the claim/defence?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Because you acknowledged the claim but failed to submit your defence on time ...this is known as an irregular judgment and therefore the court must allow set a side...hence the inclusion of the application notice N244 to facilitate this.

 

Regards

 

Andy

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Hi Andy

Have you retained copies of the claim/defence yes kept all paper work

Claim is for bank charges from Lloyds TSB,

 

agreement signed over 20 years ago.

 

Did make claim for illegal selling of insurance, regards credit cards and sickness insurance, informed claim would be kept on file.?

 

Posse did get a letter last year stating account, has been passed to Lowell portfolio who have instructed BWlegal. to collect take action

 

date on judgement for claimant letter 7th Aug 2014

 

Anything else ?

Thanks Ricky

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No that's fine if you would rather not post defence and their particulars of claim then just submit the N244 with a draft direction requesting set a side...the fee is £155.

 

Andy

We could do with some help from you.

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Hi Andy

Have no problem posting the particulars of the claim. New to this site and still working out where and how to post items. The Particulars are:

The claimants claim is for the sum of £11,000 Being monies due from the defendant to the claim under a financial services agreement regulated by the consumer credit act 1974 between defendant and Lloyds tsb bank PLC

 

 

Under account reference No 22013########### and assigned to the claimant on 04/07/2013. Notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8.00% per annum ( A daily rate of 2.11 from the date of assignment of the agreement to the date of issue) Being the amount of 763.82.

My defence was not read by the courts because missed deadline. Need advice regards defence on form 244?

 

 

Thanks Ricky

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The n244 is quite simple to complete.

 

The order you are requesting is :-

 

That the judgment be set a side...the claim was dated xxxxxx you aknowledged service on the xxxx and your defence was submitted xxxxxx but deemed received late.Therefore as you aknowledged service of the claim it is regarded as an Irregular default judgment.. Pursuant to CPR 13 (PD13.2) you respectfully request that the judgment dated xxxx be set a side for the aforesaid reasons.

 

The rest of the form is self explanatory...but you should attach a draft direction requesting the same as above but with the inclusion of requesting costs in this application.

 

Regards

 

Andy

We could do with some help from you.

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No not the figure...just put " Costs in this application" on the draft order ...not on the N244.

We could do with some help from you.

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Thanks Andy

And after this has been returned I will then get a date for a hearing near my home address.?

 

You should :wink:

We could do with some help from you.

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Good afternoon Andy

Have completed 244 and will send later today or first thing tomorrow, I have to phone the court to pay the fee, would it be possible to PM you later regards this matter, for more advice ?

 

 

Ricky

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Good afternoon Andy

Have completed 244 and will send later today or first thing tomorrow, I have to phone the court to pay the fee, would it be possible to PM you later regards this matter, for more advice ?

 

 

Ricky

 

Prefer you ask here VW...unless there is a specific reason it cant be.

 

Andy

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Hi Andy

no problem will ask here.

Have sent N244, Have letter from BW Legal states: They have received my request for documentation under s78 of the consumer credit act 1974. They have referred my request to their client who will have to request information form original creditors (TSB) The account will be placed on hold until the information requested is provided and which will be forwarded to you upon our receipt of the same. They will try to ensure the documents would be with me in 12 days. I did send a request for this information before the judgement. My Defence to the court was that I could not plead as I did not have all the facts regards this claim, Defence. is also that this claim is time barred.

Thanks Ricky

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Thats fine Ricky...they now know you are setting out your stall...wait for your hearing date.

 

Regards

 

Andy

We could do with some help from you.

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Couple of quick Qs to clarify, VW – when the claim came, did you actually acknowledge receipt to get the extra 14 days? I can’t see any reference to this from you, so I think this has been assumed rather than stated, but it’s a very important point.

 

Also, puzzled as to why BW Legal refer to a section 78 request when this appears to be a bank account? What was this in reply to – your information request in respect of the claim form, or a more recent separate request?

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Hi Andy

here are the points.

 

 

I missed the deadline regards asking for an extra 14 days.

I opened an account on government website gateway and asked for an extension at this time. I believe at the time of the request I thought I had the 28 days in total.

 

 

BW Legal acknowledge receipt of my request for the documentation request on the 4th August, Judgement dated 7th August. This was my request, regards information about the claim. I do not have much information from BW legal. Only 3 letters. And yes the claim is regards my old bank account with the TSB. The letter from the court states the claim arrived late and had the 244 form with it.

Sorry if I have misled you. I was totally confused before joining this forum.

 

 

VW10

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Hi Andy

Any news regards this latest information. Having read the threads I do think I have messed up not hitting the dead line to acknowledge the claim. I also was never served with a final demand.

 

 

Thanks Ricky

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If you did acknowledge service on time (within the 19 days of service from the date on the claim form) then you will have had an extra 14 days to prepare and submit a defence.

 

Could you expand why the court attached the N244 to the claim form...type out the letter verbatim or scan it in...we cant surmise its contents.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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