mac group retail ltd CCJ - Cancelled/undelivered PC - my N244 refused - now an SD

[marksheff]

DX100UK  ill try to give as much info as i possibly can.

this situation goes back to early 2022

i purchased a pc from an online company 'mac group ltd'

it was ordered and paid over the phone but they kept changing the delivery date

i ended up phoning them up and cancelling the order and got a full refund then thought it was done with, there was no hp agreement just to be clear.

it was told by mac group

the pc had been delivered to me and had it tracked to my address with a different initial but correct surname

no photo of said parcel,

ignored it as i was dealing with my dad and my brothers estate which seemed more important as i thought the situation with the pc would sort its self out

it didnt it escalated into mac group issuing a court claim against me

i got the court pack from northants bulk

i was visited by bailiffs on 3 occasions

i did not engage

didnt realise i needed to turn up at court

it was thrown out.

mean time ive moved

they dont know my new address but started to email me in jan 2024 stating they intend to recommend their client to bankrupt me,

got some advice from cab re: applying the case to be set aside

but as you will see from the paperwork ive uploaded it was struck out 

i have no idea why as the court staff are not legally trained to tell my why when i phoned last week.

mac group applied for a n244 statuary demand

i am really worried ill lose the house if they do bankrupt me

i do realise i should have dealt with it sooner

i was grieving for two family members not sure thats a good enough reason.

thanks.

 

docs 1.pdf

[fkofilee]

You may beable to apply for a set aside still with a compelling reason like that 

But lets see what other advice people have before proceeding. 

[jk2054]

you've applied to have it set aside and then you've not complied with the Judge's order for your set aside.

You'll need to apply to have that order stayed on the ground you were a LIP and didn't understand it.

Make it clear you now understand it and you ask that an order be made in the interim to stop all enforcement and any other action.

[dx100uk]

please dont post up unredated court docs!! done now...

it looks like:

you paid for then cancelled a PC from mac group ltd

however the PC still got delivered but not to you.

you got issued a court claim but totally ignored it.

DCBL HCEO Bailiffs attempted to enforce the CCJ...they failed..you had moved.

The Claimant was Granted Permission by the Court to Serve A Statutory Demand and latterly did so.

you had attempted to set aside the Original CCJ but failed to attend it's hearing and it got struck out

you subsequently have have received a statutory demand for the CCJ sum.

you applied to set that aside there was a hearing on 18th Apr which you did not attend.

...............

 

not quite sure but i think thats the story.

.............

same as your other thread..

stop worrying about the house..

you ought to deal with this at some point as if the claimant does go for and manage to you BK. it might not be good.

have a think about things ,

it might pay you to look toward putting an N245 variation to the court and offer a very low £PCM to the court, esp if you have little to no income etc like on benefits/pensioner etc...you might even get it all done for free as there is a small charge for the N245 process.

 

 

 

 

[marksheff]

Apologies re:unredated docs.

i didn’t just not show up at court on the 18th April it was struck out but no explanation,

like I said I did call the court but the staff stated they are not legally trained to give a explanation, I

have since emailed the court to ask for a reason.

is putting a n245 forward accepting I’m in the wrong? 

now that the court hearing was struck out what would be the timeframe of them applying for the bankruptcy order and it coming into force.

thanks.

[jk2054]

it was struck out because you didnt file your doucments as per the order said.

You have to follow the directions of an order.

[marksheff]

i did email my evidence,

are they not the documents i should have filed?

ill re-read the order and if ive not understood is it possible for me to apply again?

 

[jk2054]

did you send a draft defence and a witness statement for point 7?

[marksheff]

reading the order is quite difficult for me.

this is a letter (names and addresses taken out) that i sent in which is what i assumed i needed too.

22/02/2024
To whom ever it may concern if possible id like this to be added to my case file.

Brief history re: the alleged debt owed to mac store uk ltd

I originally or ordered the computer on the 15th august 2022 and due to them changing the delivery date I cancelled the order and was refunded,

as far as I was concerned that was the last of it,

I did get letters/emails re: a delivery of the computer they said they had made to me at………..

well after id had my refund admittedly I ignored it as I assumed it was a error on their behalf.

At that time I had recently lost my dad/brother and I had to deal with their estates which wasn’t easy because there was some debts so for me these were priorities as I was struggling with the loss of my loved ones and having no support with dealing with their estates,

dealing with mac store uk ltd was pushed to one side as it didn’t seem as important as dealing with……..yes it wasn’t wise to just ignore it

but it then escalated further to the point where I was just going to pay mac store uk via the court just to get them off my back, but I ended up not paying for something ive never received,

Mac store uk had said it was tracked to my Sheffield address with a different signature .

Ive not signed for any parcel.

My medical history if of interest to the court is:
Anxiety/depression/ptsd with suicidal thoughts.
Lower back pain/knee and shoulder pain
Ps my new and old address was at the top of this letter just to be
clear.

 

[lolerz]

File converted to PDF.

Don't use .odt/.docx files here as they contain all your personal info in the file details. You can save as .PDF directly using word etc or upload the file to the links found in our guide.

It's a shame you didn't come here in the first instance as we could have helped with the N244 application. No matter though.

I agree with jk that you didn't follow the court orders and hence the strike out was inevitable. Essentially what they wanted you to do was draft your defence to prove you had a compelling argument to try and defend the claim, instead you wrote why you ignored the claimform. Don't worry though, everyone makes mistakes when going through legal proceedings, especially if it's the first time or if something else in life is going on.

I don't think you'll be able to apply for another N244 to set-aside the judgement but others may be able to comment further on this.

You received the Statutory Demand by email on 5th January, did you submit form IAA within 18 days?

[marksheff]

I don’t even know what a IAA form is, what I’ve done is the advice given to me from cab

 re: having the case set aside all I was told by cab was to send in evidence and to attend court. the judgement doesn’t make any sense to me.

I’ve emailed cab last Tuesday and have had no reply from them.

thanks for the help..

[lolerz]

Take a read here:
 

 

Note that there's no expiry period on a statutory demand but if more than 4 months have passed since you were served (which is fast approaching) they'll need to explain to the court why it's taken them so long to make the bankruptcy petition. If the court deems the length of time as too long they may need to submit a new Statutory Demand.

[dx100uk]

pers id dump CAB.

they really are sometimes well TBH most of the time, totally clueless.

use CAG here only now and our advice.

so moving forward now and getting the CORRECT ADVICE, but never do anything now without asking here FIRST please.

theres little or nothing you can do regarding the old CCJ judgement.

deal with the SD now.

 

 

 

[dx100uk]

looking at it carefully ... the SD was filed 4th jan giving 18 days, you didnt respond..

it is now well dead as with most SD's its just a threat never carried forward thus they have not gone applied and paid for a hearing to start BK.

so everything legal wise is now dead.

 

so pers i'd put in an N245

dx

 

 

[marksheff]

Thanks for all the help which I’ve learnt more in the last few days from the people on here,

I only wish I’d come here sooner.

like I’ve said before I’ll take all the advice to heart and try and get these problems sorted.

ill keep you informed and will ask for help where it’s needed.

cheers.   

[dx100uk]

actually looking at this a third time.

i'd not put in an N245.

let it run see if anything happens

advise us if it does.

do not speak or make contact with anyone esp by phone or email without checking here.

go radio silent totally

dx