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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's Ghost 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's Ghost 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

Post by MEATBALL on Thu Jun 07, 2018 11:09 pm

Evening all.

Howard Cohen have accepted that they sent the details of the ongoing issue between myself and bcard and as a result have now sent me this

They are asking me to sign this consent form

My issue is that they never responded to the initial letter i sent them in november 2016 asking for various details

Should i send them a note back asking for these details or should i sign this consent form.

I am worried that once i sign this form I will be signing my life away so to speak

as far as I am concerned now i have provided proof that i moved house, they should provide me with what i asked for in november 2016 should they not.

Its talking about hearing dates and everything!!!

If someone could give me a steer on what i need to do i would very very grateful

Many thanks

Meatball



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

Post by pieintheskywhenIdie on Fri Jun 08, 2018 8:44 am

Did you look out the previous letter from the court? We really need to know what's going on in the background. Their letter refers to a forthcoming hearing for "your application", what application have you made? It seems they are keen to get your consent in preference to having your application heard.

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

Post by MEATBALL on Fri Jun 08, 2018 5:01 pm

In essence this is what has happened

1. back and forth with DCA and sending a letter to them in nov 16 asking for info
2. heard nothing back and in may 2017 move house
3. april 2018 buyer of my house turn up with some letters dated from the previous 2 months from DCA, and then a court summons and then it transpired that as i didn't turn up it was given in their favour
4. I sent a letter off with a cheque asking for it to be set aside as of teh house move.
5. it was set aside.
6. DCA asked me for proof of new address which i sent to them
7. the letter above asking for consent to be given

i think that as i was unaware of what was happening and as they didn't send me anything for 14 months, the least they can do is respond to what i have asked for in nov 16 (which they still haven't)

Im not sure what the above means? can anyone help or give advice?

Cheers

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

Post by Kestrel on Fri Jun 08, 2018 8:12 pm

This may be of help however it relates to the consent of the 'claimant' regarding the court order.

https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/

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

Post by MEATBALL on Sat Jun 09, 2018 9:04 am

Does this mean I should send the consent form back then?

I was thinking of sending it along with a letter stating they haven't replied to my original request from nov 16

any help / advice would be very helpful

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

Post by pieintheskywhenIdie on Mon Jun 11, 2018 10:37 am

@MEATBALL wrote:In essence this is what has happened
<snip>
4. I sent a letter off with a cheque asking for it to be set aside as of teh house move.
5. it was set aside.
<snip>
It still sounds like we're missing something.  If the judgement was set aside then it was set aside, and there would be no need for you to consent to anything.  Did you receive a court order confirming the set aside?  

Their letter reads as if they think the judgement is not yet set aside, and they're expecting there to be a hearing for something.  It also sounds as if they want to avoid that hearing, which is interesting.

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

Post by Ausk on Wed Jun 13, 2018 8:38 am

@MEATBALL wrote:Does this mean I should send the consent form back then?

I was thinking of sending it along with a letter stating they haven't replied to my original request from nov 16

any help / advice would be very helpful

...... with a letter stating they haven't replied to my original request from nov 16. E.G;

"I regret to inform you that as you have not replied to my original request, I am unable to process the matter further as I need to review and consider your reply to my request for further information before I am able determine what action on my part is appropriate."


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

Post by MEATBALL on Fri Jun 15, 2018 8:35 pm

Hello all

Thanks ever so much for the advice

I have sent a letter off today stating that I'm not sure why they require consent when they haven't answered my original request

Interestingly they sent another letter through the post today with another consent form asking that i urgently sign it.

It has definitely been set aside.

I had to pay £215 quid for the pleasure!!!

I will of course keep you up to date with how things proceed

All the best and have a great weekend

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

Post by Ausk on Fri Jun 15, 2018 9:52 pm

@MEATBALL wrote: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.

Much appreciated

Suggest your explanation also address an otherwise likely question from the magistrate about what you intend doing about the debt.


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

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