help me have a ccj set aside please

[welly_59]

i moved home in february of this year and only occasionally go to my old address to collect any mail.

last month i recieved a letter at my old address stating that i had a debt of £1400.

 

i phoned the number on the letter and asked them to give me 2 weeks to find out details of the debt as i had no recollection of it, they agreed with this and i also notified them of my new address.

 

A few weeks later i went to the old address to collect mail and there was a form from northampton saying that a judgement had been applied for.

i phoned the agency who sent me the first letter and told them that i had recieved a court form, and why had they applied when i had already asked for some time to get information on the debt,

 

i reminded them of my change of address. i went on moneyclaim online to submit a defence but found that the date that i could submit it by had already passed due to me not living at the adress that it was sent to and as i had not been down to collect my mail in the required time window.

 

Seeing as i did not recieve the paperwork, is this grounds to have it se aside.

After investigation i have been able to find that the debt is indeed mine, and i am not dipsuting that. but as i did not receive the forms, can i have it set aside?

 

i have picked up a n244 form but would like some help filling it in please.

 

in the second box, should i ask for my application to be dealt with at a hearing?

 

in part a it says (sate clearly what order you are seeking and if possible attach a draft) what do i put here?

 

part a3, says (breifly set out why you are seeking the order) what should i put here?

 

what box do i tick in part b? witness statement,statement of case or evidence in part c?

 

if part c, should i just state that i no longer live at the propertry that the notice was served to?

and that once i was aware of the debt i notified the company of my new address imediately?

 

any help would be ace, i dont want a ccj

[sequenci]

in the second box, should i ask for my application to be dealt with at a hearing?

 

yes, you would like a hearing

 

in part a it says (sate clearly what order you are seeking and if possible attach a draft) what do i put here?

the fact that you wish to set aside a judgment (put details of the original judgment in too)

 

part a3, says (breifly set out why you are seeking the order) what should i put here?

state your grounds for set aside

 

what box do i tick in part b? witness statement,statement of case or evidence in part c?

 

if part c, should i just state that i no longer live at the propertry that the notice was served to? and that once i was aware of the debt i notified the company of my new address imediately?

you got it!

 

more info here:

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

any help would be ace, i dont want a ccj

[12break3]

;-) This was recently written and ccj was set aside:http://www.consumeractiongroup.co.uk/forum/show-post/post-941394.html

I wish to apply for a set aside as I did not receive the response pack when the claim was issued.Had I received the claim, I would have submitted a defence and counter-claim against the Claimant,as it is my belief that no credit agreement exists.

 

I was totally unaware of the existence of the County Court Judgment, until very recently, when I obtained a copy of my credit file from Experian. On the basis of that information, I requested a copy of the credit agreement on the 15th June 2007, from the Claimant, that the alleged debt refers to, under s.77 (1) of the Consumer Credit Act 1974. My request has been completely ignored by the Claimant and they have now been in default of said request since 2 July 2007. I have enclosed a copy of the letter sent to the Claimant, as evidence of my request.

 

Additionally, my name has been spelt incorrectly on the original Judgment and it also appears incorrectly on my credit file. It is my understanding that the Credit Reference Agencies only hold information that is considered to be accurate, given to them by the reporting creditor. In this situation, my personal details are wrong. It is my contention that as a result of this and the aformentioned reasons, the Judgment has been improperly granted.

 

I would therefore respectfully ask the Court to set-aside the Judgment, on the basis that I never received the claim pack and consequently was denied the opportunity to respond to the claim; which I would have done as it is my sincerely held belief that no credit agreement exists.

Hope that helps

[welly_59]

I moved house in January 2007 and only rarely went to my old address to check for any mail. When i collected in the summer i found that a company was preparing a cjj against me. I phoned the company asking for 28 days to investigate the debt as i thought that i had already paid/arranged to pay it.

 

After a few weeks i contacted the company to say 'yes it seems that i need to sort out payment with you.' only to be told by them that it was too late as they had been granted the ccj only a day previously.

 

I immediately applied to have the judgement set aside, on the grounds that i had not recieved the papers. I gave a rental agreement for my current address showing the dates that i had moved. I also give a timescale of my contact with the claimant.

 

When i went to the court, the judge said to me 'what are your grounds?' i explained that i had moved and that i hadnt recieved any documentation, only to be told by the judge that this was not a ghood enough reason! He then struck out my claim to have it set aside.

 

Was i dealt with fairly in this case? wasnt my reason good enough? What action can i take from here?

[tomterm8]

Yes. the judge couldn't set aside a CCJ for those reasons. there need to be other grounds as to why the CCJ should not have been granted.

 

I would syggest S.A.R.ing the original creditor, and CCAing the owner of the debt as a matter of urgency.