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Moon phases


CCJ received post 3 letters

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CCJ received post 3 letters

Post by mojoelondon on Mon Jun 26, 2017 12:33 pm

I have received a CCJ re an alleged debt with Lowell

Lowell took the matter to county court despite me having followed the 3 letter process and them having failed to produce the documents requested. I completed the paperwork from the court saying I wanted to defend the case and returned the papers some four-six months ago. Heard nothing since until received CCJ and to be honest, had forgotten all about it, so have destroyed all paperwork

Lowell not the original alleged creditor, but cannot remember who were

Any help/guidance on next steps appreciated

mojoe

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Re: CCJ received post 3 letters

Post by ceylon on Mon Jun 26, 2017 12:36 pm

get the ccj set aside as you were not informed of the court case or date
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Re: CCJ received post 3 letters

Post by mojoelondon on Mon Jun 26, 2017 12:47 pm

Thanks Ceylon,

I presume that is just a case of contacting the court and asking for the judgement to be set aside?

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Re: CCJ received post 3 letters

Post by ceylon on Mon Jun 26, 2017 3:29 pm

i believe you have to do it in writing
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Re: CCJ received post 3 letters

Post by Jinxer on Mon Jun 26, 2017 5:28 pm

I think you have to apply using form N244 and it costs £255.00 or maybe free if on benefits. You will need a good reason to apply.

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Re: CCJ received post 3 letters

Post by petesomething on Mon Jun 26, 2017 6:43 pm

Hi mojoelondon,

You have to download form N244, you have only 14 days to explain that you had a good reason for missing the hearing, and would have had a reasonable prospect of success at the hearing.

Please remember as soon as you get a letter from any debt collection firm, start the 3 letter process, followed by the estoppel, then the billing letter and the new billing cover letter, if you need to bill.

Keep to this procedure.

If you get a letter threatening court action, move onto the Pre-Action Protocol Letter. Look for this letter on my post named Court under the Debt forum and follow the procedure on there.

Keep all letters and information, as you may need to rely on this in court.

Lowell may not have had the paperwork for them to win in court, but by not turning up you lost by default.

Yes, Debt collection firms may ignore the 3 letters because they know 90% of the people will not turn up for court and they win by default.
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