Found unknown Hoist CCJ Issued on possible SB debt

[fearless_reality]

Hi dx,

 

yes called the court immediately and they were a little cagey in that they said he has nothing to do with them -which I thought odd.

 

they sent the N244 to my email and said I can email back and as soon as court fee paid

further action would be frozen for the time being.

 

Can the bailiff levy my car parked on the drive?

 

Also not that the N244 is that taxing to fill out but I do want to make sure I fill it out correctly

- do you have a link to a template or something as reference?

 

Thanks!

[dx100uk]

no no template and if the court said no further action

then the bailiff is powerless as he is acting upon the courts instructions

[fearless_reality]

***UPDATE*** CASE WON

 

After two hearings and Hoist failing to provide further evidence to support payments I'd supposedly made in the statute period to the debt the judge ruled in my favor and set the judgement aside.

 

Essentially Hoist manufactured these 'phantom' payments to support their case against my statute barred defense which I find quite shocking in itself.

 

Obviously they failed to provide any evidence as to where these payments originated from and never turned up to the hearing.

 

I now have 14 days to file and serve my defence.

 

 

I'm unsure how to do this?

[dx100uk]

right so set aside was successful I gather?

[fearless_reality]

It certainly was!

 

I originally filed the N244 application, Witness Statement, Draft Defense and Draft Order so a little more went into it than what is within this thread.

 

I'm slightly confused about having to file a defense within 14 days..

.. I take it this means I need to defend the original claim I never responded to due to not receiving?

[dx100uk]

you did fantastic well done

 

this is what you now need.

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

[fearless_reality]

Thanks for that!

 

In which format should I place the above?

 

As in what type of document..

 

Do I simply file and serve one sheet of paper detailing the above in a Draft Defence?

[dx100uk]

can I just ask

who has said you have to file in 14days ..the court I hope

and what court form have they used to inform you of that?

[fearless_reality]

The judge said they would set aside the judgement and gave me 14 days to file a defense - this was today at the hearing.

 

I assumed they meant a defense for the original claim back in septemeber 2016 by the claimant. I did ask in the draft order for the claimant to re-issue a claim within 28 days and if not recieved then claim should be dismissed. I guess after a set aside the claim can still remain open?

 

No form just the judge telling me thats what I need to do.

[dx100uk]

not really sure

where was this set aside heard?

I wonder if the claim is open on Mcol too?

did you ever get the claimform..that might have the password etc you could file it there

or via email to the court that heard the setaside...

[fearless_reality]

The hearings have been at my local county court - all correspondence has gone directly to them via email with attached documents.

 

I never received the claim form originally although I asked them to resend and I do now have a copy. I guess I just register at MCOL and see if the claim is still open. I'm sure it will be as they work massively in arrears at the court.

[dx100uk]

good move

do it to both mcol at by email to your local court.

should nail the little fleecers nicely in their box..

[AndyOrch]

You submit your defence to your local county court...nothing to do with MCOL...no forms just add the headers claim number and a statement of truth and date.

 

andy