Unaware CCJ, ex employer - exhibition printing cost - need to set aside.

[The Skiing Gardener]

I have received a Judgement for Claimant (in default) by letter for an online claim from Online Civil Money Claims MCOL

 

as the defendant I have never seen the document that made a claim against me.

 

Can you please help me respond.

 

I have one month to pay but I have a defence as I don't owe the monies claimed.

[BankFodder]

You will need to give us all the facts including times, dates, what has happened, sums involved et cetera before you can even begin to offer you some advice.

[honeybee13]

Hello, welcome to CAG.

 

Is there a reason why you didn't receive correspondence from the court, have you moved house in the last few months?

 

Best, HB

[The Skiing Gardener]

The Court have a receipt that the original document was delivered in December, I was working away, 

None of my family have signed for the document.

 

The address isn't completely correct.

 

Obviously its a serious matter I would have responded.

My previous correspondence to the Law Company had been sent 20.7.22 I had not received a reply.

 

I worked as a freelance sales and exhibited at shows and exhibitions which I paid for all costs. There was no contract. I worked in new markets selling their products.

 

I booked for all exhibitions stands and paid for all relevant costs then paid immediately for what I sold.

They retrospectively billed me for printing which was never an agreement.

 

I left the company in Nov 21  as it it became clear they were adding costs by invoicing me for set ups and a really large invoice for printing.   

 

I only have a few days to reply and ask for help making an application notice  N244 to the court so I can defend myself.

I don't know how I can defend myself when I didn't receive any paperwork.

 

All my previous correspondence has been via email to their solicitor. 

I answered all their accusations in full detail.

 

The last response to their solicitor was 20.7.22 I heard nothing after that. 

 

I am leaving early tomorrow AM to drive four or five hours where I need to then set up at an exhibition with my new company. I will not have my office with me.

 

I need to know how I can respond quickly to the court to explain I have to defend myself through this Application Notice the Judgement is dated 9.3.23

[honeybee13]

Hi.

 

I get that this is urgent but you've only been with us for an hour and we're all volunteers here. People could be eating, organising life, etc but I'm sure they'll be along later with advice for you on applying for a set aside.

 

Please bear with us.

 

HB

 

 

[The Skiing Gardener]

Sorry I appreciate this,

I am really grateful for your response and any help.

 

I've only just opened the letter it arrived today I haven't had anything like this happen to me before.

 

I am afraid it will damage my credit history and rating.  

[honeybee13]

If you follow our advice, it's highly unlikely your credit rating will be affected.

 

HB

[The Skiing Gardener]

Thank you 

[dx100uk]

jyou dont need to keep hitting quote.

 

have you checked you credit file?

typically this will show already but be removed should you pay within 30 days?

 

you are going to need to file an N244 @£275 fee.

but you will need all the details of the claim.

 

if you do not have a copy of the CLAIMFORM you will need to ring northants bulk and ask for a copy of the particulars of claim and the address it was filed too be email pdf

 

to do this you will need to CCJ claim number.

 

dx

 

[The Skiing Gardener]

I didn't receive the original claim submitted by the Claimant on 9.12.22 .

 

I now have a copy of that claim after I received a notification of A Judgement for Claimant on 15.3.23

 

I asked for help on here,  and I sent in my N244 Application Notice Form along with the fee on the 16.3.3.23 at 10.15 to the OCMCnton with an automated response.

 

I have chased by phone to be told it will not be looked at for two weeks or more.

 

I have a deadline of 6.4.23 to make a payment or they will issue a CCJ

Can you please advise what further action I can take.

 

The Claimants Solicitor sent a letter which I received yesterday asking for payment. 

Should I contact the claimants solicitor direct ?? 

[dx100uk]

if you are not going to pay and you wish to content this then you've filed your n244 ... simply await that outcome.

 

dx

[AndyOrch]

Quote

I have a deadline of 6.4.23 to make a payment or they will issue a CCJ

 

Well they already have a default judgment that date is to stop it being registered on your credit files providing you pay within the 28 days Notice of Judgment. be aware that whilst an application to set a side is being processed you don't have protection from the claimant wishing to enforce the judgment further by way of execution so I hope you have served a copy on the claimant that the application has been made.

 

Andy

[The Skiing Gardener]

Please can you clarify will the CCJ will be issued on the deadline day of 6.4.23 before the Judge has read my N244 This will impact on me severely. I was told by the MCOLL help line yesterday that they are running behind and my N244 will not be looked at for another two weeks.  I have a defence and a counter claim that I need to put forward. Please can I send this for you to check over because I have no idea how to do this. 

 

Should I contact the Claimants solicitor to set aside the claim as they have issued a deadline to pay them by the 6th April otherwise the CCJ will be issued. 

[The Skiing Gardener]

3 minutes ago, Andyorch said:

 

Well they already have a default judgment that date is to stop it being registered on your credit files providing you pay within the 28 days Notice of Judgment. be aware that whilst an application to set a side is being processed you don't have protection from the claimant wishing to enforce the judgment further by way of execution so I hope you have served a copy on the claimant that the application has been made.

 

Andy

Thank you so much for this Andy because I haven't served the application on the claimant. I am totally confused Andy because I don't know what a copy on the claimant is. I have never had to do anything like this before. I only sent the N244 to the Court. Is it too late to send a copy to the claimant now. 

[AndyOrch]

The date the judgment must be paid by is on your Notice of Judgment that should be the discretionary 28 days allowed to make payment before the Judgment is registered on your credit files.

 

Its courtesy to serve a copy of the N244 on the judgment claimant so send them a copy (this is known as on Notice) then they are aware of your application.

 

Given you say you have a valid defence and possible counter claim then there really is little you can do until the application has been processed and you have your hearing date. If your application is successful then the entry will be removed.

 

Scan redact and upload all the documents you have so far then we can flesh the bones on the alleged debt and claim history.

 

 

.

[dx100uk]

 

well if you hadn't of vanished for 2 weeks then come here after the n244 filing we would have told you to serve the claimant also. email a copy now. whats this about counterclaiming...for what?

 

dx

 

 

 

 

 

[The Skiing Gardener]

I explained that I was away working at an exhibition and I needed urgent help.

 

I completed the N244 like you asked and paid the fee before I left.

Really sorry you didn't tell me to send a copy to the claimant..

 

I'm really sorry I haven't done anything like this before.

The document just arrived I never saw the claim.

 

These are 18 hour days working away and I didn't have my computer. My husband just recently had a heart attack so there is a mountain of things i'm trying to cope with at the minute on my own because I cant stress him out with this and worry him. 

 

The N244 was sent immediately on receipt of the Judgement arriving. I have a counter claim. I don't owe them money.

 

I'm really worry about my existing credit cards and how they will be affected and my life/business going forward with a CCJ

[AndyOrch]

Please post a copy of your N244 and any supporting statement here before serving it on the Claimants Solicitors....

 

And please calm down its very counter productive and of no assistance in your responding to what we need to assist.

[dx100uk]

it really wont impact your existing credit that quick, the n244 will sort that out as things progress.

[The Skiing Gardener]

Please see attached files as requested. 

Application Notice 

Financial Snapshot of what I am intending to counter claiming from the Claimant as my defence.

Claim Form Pages 1-7 (pages 8 -27 have lots of personal details) Please let me know if I need to block out and resend 

 

 

 

Your question about a counter claim. The Claimant owes me money of around £8,500 for returns, repairs, commission, storage and deliveries. 

[honeybee13]

I've removed your financial snapshot as you left your name and address on it. To keep this confidential, you really need to doublecheck that you've covered up anything that identifies you.

 

ETA: I've also removed your other two documents which seem to be the same thing. Email address left in and I'm not sure whose address and mobile number is on it.

 

HB

[dx100uk]

DWF solicitors. no wonder this all happened the way it did.

 

if ever there was a sols that supported dubious claims and purposefully pulled every trick/stunt in the book to get a default judgement. it would be them.

 

dx

 

[AndyOrch]

Please upload a copy of the Notice of Judgment a copy of your N244 application and any statement in support and a copy of the original claim form with particulars of claim fully redacted and any other documents in connection.

[The Skiing Gardener]

Please see uploaded files. Sorry for the mess up. Here are the documents I promised.

Copy Claim Form 9.12.22

N244 Application Notice 16.3.23

Financial Snapshop Counter - Claim Letter Draft 

 

Copy Claim Form 8.12.22.pdf Finacial Snapshot Counter Claim - possible calim letter to send to Claimant.pdf N244 Application Notice 16.3.23.pdf

[The Skiing Gardener]

2 hours ago, honeybee13 said:

I've removed your financial snapshot as you left your name and address on it. To keep this confidential, you really need to doublecheck that you've covered up anything that identifies you.

 

ETA: I've also removed your other two documents which seem to be the same thing. Email address left in and I'm not sure whose address and mobile number is on it.

 

HB

Thank you so much and sorry I uploaded the wrong files. I am really upside down with everything that has happened.