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

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Post by MEATBALL on Sun Sep 16, 2018 8:58 pm

Hello again.

After much to-ing and fro-ing through letters and the like I have a been asked to submit a defence to the court as the case has been set aside.

Does anyone have any examples of what this is meant to look like.

Obviously i am not a solicitor, but i was thinking of providing copies of all correspondence with the DCA (Hoist) along with any relevant paperwork

The original alleged debt was with bcard, and to date they have not provided anything that i asked for, and acted in a way (see above about me moving home) which left me out of the loop.

If anyone can help i would really appreciate it

Thanks

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Post by waylander62 on Mon Sep 17, 2018 8:32 pm

what evidence have they provided ?

agreement with T $ C's
default notice ?
assignment ?
statements?

read what they are claiming on the claim form and respond to each claim they are making in turn
paragraph your response such as the defendant sent a request for documentation on x date and y date etc but the claimant has not provide the requested documentation etc etc,

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Post by MEATBALL on Wed Sep 19, 2018 10:31 am

Thanks for the response

They certainly haven't provided all of the below

the "agreement" is a really poor computer print, and they haven't sent statements either. Im not sure about the rest.

I will check tonight

So, if I just respond to the claim form and provide evidence to the contrary?

I just need a hand with the terminology and grammar to ensure I dont sound like a idiot

Many thanks and any further help would be great

@waylander62 wrote:what evidence have they provided ?

agreement with T $ C's
default notice ?
assignment ?
statements?

read what they are claiming on the claim form and respond to each claim they are making in turn
paragraph your response such as the defendant sent a request for documentation on x date and y date etc but the claimant has not provide the requested documentation etc etc,

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Post by MEATBALL on Wed Oct 17, 2018 9:09 pm

Hello again.

I have (finally!!!) received a response to my latter and defence i sent off.

They have sent me an offer letter with a value to settle which is about 28% of the alleged debt.

I was just wondering what people thoughts are in relation to why they do this? If they were confident why make me an offer to settle or is it a simple case of them not wanting to go to court?

If I refuse then, would i ahem to sharpen my act up and get the defence "water-tight" so to speak and then go and plead my case.

Also would they be open to a ultra low ball offer to settle to save going to court?

Any advice would be marvellous

Cheers

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Post by waylander62 on Wed Oct 17, 2018 9:57 pm

so let me recap on the state of play here

you managed to get a judgment set aside ?

they had to re submit the claim form or you were served the original claim form ?

you submitted a defence ?

that will do for starters

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Post by MEATBALL on Thu Oct 18, 2018 6:00 am

Hello there

hopefully this helps but this is where we are and answers your queries

I managed to get the judgment set aside as I was unaware of teh CCJ delivered as i had moved house.

not sure what the difference is between a resubmitted claim form and the original. how can i tell?

I submitted a defence in the form of explaining in detail why the judgment was wrong and the evidence i had to back this up. I didn't actually send them the evidence as i thought you would only do this if given a new court date

does that help?

If need any clarification then let me know

happy to help and get some feedback about where to head next

Cheers

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Post by waylander62 on Thu Oct 18, 2018 5:48 pm

helps a little

there is no difference between the two claim forms apart from maybe the date unless the court has ordered otherwise.

what i am trying to find out here is:

Ok the original judgment has been set aside, good.

But what about the claim now ? have you had anything from the court ? have they given you or the claimant any directions ? Is the original claim still going ahead ?

IF the court has set aside then the claim may well have gone back to the beginning, which means you would now have to acknowledge service and submit a defence ?

Failure to do the above could result in a default judgment against you , just dont want you tripping up for not knowing what to do.

cant give an honest opinion until i know what is currently happening.

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Post by MEATBALL on Sat Oct 27, 2018 4:02 pm

OK. Here goes

After I sent them a letter back stating words to the effect of "why would I settle when i have done nothing" I have received this

What does "drop hands" mean?

On the face of it, it looks they are willing to halt proceedings?

Any ideas on how I should respond please?

Many thanks and have a great weekend
CCJ Delivered. I was unaware as i dont live at the address 2wrhxz7

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Post by waylander62 on Sat Oct 27, 2018 4:26 pm

it means they are prepared to discontinue their claim against you, give up, throw in the towell

provided you agree not to apply for any costs if they should do this.

you need to decide whether you want an end to this or whether you want to continue hopefully win and then apply for your costs against them should you win.

something to think about.

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