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Moon phases


CCJ Delivered. I was unaware as i dont live at the address

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CCJ Delivered. I was unaware as i dont live at the address

Post by MEATBALL on Tue Apr 10, 2018 4:46 pm

Afternoon

I am hoping you can help me out with some advice. I have looked into it and spoken to citizens advice and they have come to the same conclusion that i have but i want to ensure i do it as best as i can.

a few years ago i started the 3 letters process and everything worked like a charm

moving from DCA to DCA to DCA

about 2 years ago i moved home and on saturday had a nasty surprise

I just had the person who both my house deliver some mail that had been arriving over the last couple of months (mainly rubbish) but they opened something last week hence the visit to deliver in hand. It was a CCJ from a court in northampton.

howard cohen sent me a letter in january. i had not heard from them in almost 2 years and in that time had moved. they never responded to a pre-action letter i sent them and heard nothing back. then they sent another one about going to court and then the CCJ as i didn't respond.

I paid for a redirection service for a year and didn't hear anything and now im in the position i am in.

According to citizens advice i need to file a N244 form and this is what i have found out as well.

do i have to use legal jargon in fill-in in this form or just the outline of the events and then go into the specifics when in front of a judge

as far as i am concerned they never responded to my original request and i feel that they should do

can you help me please as i want to respond asap


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Re: CCJ Delivered. I was unaware as i dont live at the address

Post by actinglikeabanker on Tue Apr 10, 2018 5:50 pm

Hey,

Yes you will need to send the N244 to apply for a set aside of the CCJ judgement based upon the grounds that you were never notified of proceedings taking place due to moving etc. As far as I am aware they are pretty strict on how longer after the judgement that you can apply for this so check the civil procedure rules here := https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13 and if you can get it in asap.

some info here := https://www.gov.uk/government/publications/form-n244-application-notice

There is a fee (£255 if memory serves) but this can be reduced to wavered depending on your circumstances.

At this stage you would just be applying for a set aside of the CCJ, if successful in getting a set aside then you would follow the pre-action process again (at this stage, for a set aside them not responding is pretty irrelevant as a judgement has been made in your absence, first get the set-aside).

You don't need to use legal jargon to fill in the N244.

Here is some guidance on filling the N244 form in : https://www.inbrief.co.uk/civil-court/application-notice-n244/

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Re: CCJ Delivered. I was unaware as i dont live at the address

Post by MEATBALL on Fri Apr 20, 2018 12:44 pm

Good afternoon

I wanted to say that thanks for the advice as I have now received a letter stating it has been set aside and am now waiting for a specific day in court to explain the situation to the judge.

I am assuming that it will be a case of taking all relevant documentation along and explaining how they hadn't responded, i moved, they sent to wrong address and it ended up at CCJ, and how I would like them to respond to the questions that i was asking?

or something like that

Much appreciated

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Re: CCJ Delivered. I was unaware as i dont live at the address

Post by actinglikeabanker on Fri Apr 20, 2018 1:02 pm

Hey,

That's some good news, yes pretty much what you said would be your approach.

It may be worth looking at and referencing the various statues and act's along with your questions to try to build a solid argument to go forward with e.g. their duties to answer those questions or provide documentation.

I will have a think on the next step as I am just going out to do some planting and service the chickens so was just a quick post, if anything comes to mind I will add it later.
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Re: CCJ Delivered. I was unaware as i dont live at the address

Post by jillyaonline on Fri Apr 20, 2018 2:28 pm

The judge will check T&C's and i believe you signed to advise it is your responsibility to advise your creditor of a change of address ? be-careful my friend just got stung and had to pay Costs and his defense was thrown out

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Re: CCJ Delivered. I was unaware as i dont live at the address

Post by pieintheskywhenIdie on Sat Apr 21, 2018 7:31 am

@MEATBALL wrote:I wanted to say that thanks for the advice as I have now received a letter stating it has been set aside and am now waiting for a specific day in court to explain the situation to the judge.

I am assuming that it will be a case of taking all relevant documentation along and explaining how they hadn't responded, i moved, they sent to wrong address and it ended up at CCJ, and how I would like them to respond to the questions that i was asking?
How exactly did the letter describe the upcoming court date or hearing?   It's just that your descriptions sound like a hearing to decide whether or not to set aside at all.  But you say the judgement has in fact already been set aside without hearing, so I'd expect the next stage to be hearing the actual case, with your defence to be submitted and the claimant responding to your defence.   Is it a large value, meaning more complex proceedings?

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Re: CCJ Delivered. I was unaware as i dont live at the address

Post by MEATBALL on Tue Apr 24, 2018 10:51 am

Thanks for the responses.

I will fish out the letter when i get home tonight as have been working away for a few days.

I think from memory it is a hearing as it stated it was "set aside". I will find out when i get home though.

Cheers

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Re: CCJ Delivered. I was unaware as i dont live at the address

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