Lowell Judgement cap1 card + Very Cat Debt

[dx100uk]

1.there is no requirement for court letters to be sent by either method , in your case...you can't 'pretend' rather than 'plead' you didn't get them, nor could you claim you were not living at that address without concrete proof...both would be perjury upon your behalf were they proved to be lies.

 

2. that would be a case of fraud... a high bar to prove

 

there are 2 parts to a set aside

one a valid reason why you did not receive the claimform

two a basic defence upon why you don't owe the judgement sum

 

neither can i see you have 

[clint1974]

The original letters from lowells were never sent recorded or signed for just 2nd class

 

i dont deny i owe the money and am willing to pay but would rather pay anyone except these

 

my point is it clearly states i can challenge it even though i as stated i didn't reply to the original claim form

 

i'll leave it at that and if im £200 odd quid out of pocket so be it at least i tried !

 

You can do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.

 

as it states on the gov.uk website i can still challenge it whether or not i received or responded 

 

Thanks for your assistance btw 

[dx100uk]

you appear to be reading rubbish or not completely understanding how debt collection works,

 

no-one, be them a fleecing DCA that owns the debt, the COURT that sends out court paperwork nor the original creditor is legally obliged to sent anything by recorded post. 

 

the dca are quite allowed to use 2nd class.

 

the court would have used 1st class post for the claimpack, which legally is deemed served 5 days after posting.

 

any link anywhere regarding a CCJ set aside quite rightly says you can challenge one if you did not receive the claimform.  however you DID.

 

you must meet 2 basic requirements, 

one a valid reason WHY you did not receive the claimform...ignoring it, in your case is not a reason.

two a basic defence as to why you dont owe the money detailed in the claimants particulars ...i dont see one.

 

so...all the way back to post 4 of October 2019... send the court an N245

to date you are not 'behind' with any payments.  the n245 will start the payment process at the level you wish PCM till settled. you don't have to 'make up' missed £50PCM payments, the N245 resets it all.

 

 

[AndyOrch]

Quote

10 hours ago, dx100uk said:

 

 

 

to date you are not 'behind' with any payments.  the n245 will start the payment process at the level you wish PCM till settled. you don't have to 'make up' missed £50PCM payments, the N245 resets it all.

 

 

they have since sent a judgment in default totaling £1374.53 at £50 per month 1st payment due 13th October. 

 

In arrears by 4 months DX ...the court has already set monthly payment dates and amounts.

[dx100uk]

but these arrears don't have to be paid before the n245 can be is in place? the N245 deals with them surely?

 

[AndyOrch]

Afraid not.....the N245 is used when no payment plan is in place or as a variation.....ideally a redetermination should have been done within 14 days asking for a lower amount......given that neither was done...the General Order stands.

[dx100uk]

oh yes ofcourse, i keep forgetting this one is years/months old, 

[clint1974]

On 06/01/2021 at 12:41, Andyorch said:

 

In arrears by 4 months DX ...the court has already set monthly payment dates and amounts.

1 year & 4 months if CCJ was registered in Sep 2019          ?

[AndyOrch]

Yes 14months arrears