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  • FIRST POST
    • sweetjudy21
    • By sweetjudy21 16th Mar 17, 6:56 PM
    • 12Posts
    • 2Thanks
    sweetjudy21
    appealing against a CCJ
    • #1
    • 16th Mar 17, 6:56 PM
    appealing against a CCJ 16th Mar 17 at 6:56 PM
    So Lowell decided to take me to court for an alleged debt

    They failed to provide proof of ownership of debt, how they came to the amount claimed etc etc and judgement was made to stay the case.

    I filled out an N244 form asking for a strike out of the case

    Unfortunately heres where it all goes wrong. The court gave a hearing date which fell during my holiday abroad. Cancelling the holiday would have cost more than the claim so that wasnt an option.
    I explained to the court that I would be away on holiday on the date given and they advised me to write to the court explaining why I cant attend and a new date would be given

    I did this and then asked if they needed anything else from me before I left, the answer was no

    Funnilly enough on holiday where I had extremely limited internet access and no access to a computer, I received a message from the court saying the judge required proof that I was out of the country. I had no way of photocopying or scanning my documents to send to the court so was unable to comply with this.

    On return to the UK I now have a CCJ, even though the claimant didnt prove ownership of the debt or how they came to the amount being claimed.

    I have today filled out a N244 form asking for the judgement to be set aside along with copies of my travel documents, receipts from supermarkets etc proving I was out of the country on the dates.

    What happens if the judge doesnt set the judgement aside? I want to appeal the judgement which was made March 8th but I dont know the time frame for doing this or even if I can do this while I have asked for it to be set aside?

    Would really appreciate help as If I was able to attend the hearing it would have been struck out, I feel really screwed over by the court. FYI they STILL havnt told me anything about the case or notified me of the decision I have only been made aware of the result today by the claimant demanding money !
Page 1
    • matttye
    • By matttye 16th Mar 17, 9:57 PM
    • 4,694 Posts
    • 2,961 Thanks
    matttye
    • #2
    • 16th Mar 17, 9:57 PM
    • #2
    • 16th Mar 17, 9:57 PM
    If you have a realistic prospect of defending the claim it's likely the judge will set it aside.

    If the judge feels you have no realistic prospect then they more than likely won't.
    What will your verse be?

    R.I.P Robin Williams.
    • Arleen
    • By Arleen 17th Mar 17, 2:00 AM
    • 647 Posts
    • 438 Thanks
    Arleen
    • #3
    • 17th Mar 17, 2:00 AM
    • #3
    • 17th Mar 17, 2:00 AM
    As you've filled the form and it's out there now all you can do is wait and see. Stressing about it is not going to help.

    While you should have filled the evidence with your explanation, you are a lay person, and this most likely will not be held against you, although you may be skewered on were you unable to provide the evidence when abroad. In the end, if you want it, you can find internet access and someone with a cell phone, or some rugged internet cafe in most parts of the world, just that it may require some effort.
    So the likely outcome is that the CCJ will be struck and if they want to pursue it, claimants will have to file against you again. In the unlikely course that the set aside is not granted then in practical terms, you are out of steam. While you could try to appeal Judge's decision, if granted, it would cost a small fortune to go that way.
  • National Debtline
    • #4
    • 17th Mar 17, 1:54 PM
    • #4
    • 17th Mar 17, 1:54 PM
    Hi sweetjudy,


    It may be worth considering some legal advice at this stage. Just to clarify, for other potential posters, did you apply to strike out the claim in response to the original forms or had they already got a CCJ when you made that application? Were any costs added for missing the hearing?


    I am afraid we don't have much experience with strike out applications, but for a set aside application the court will normally consider, how long it has taken you to apply to set aside (were you prompt), why you didn't reply to the original claim forms, and whether or not you have a realistic prospect of a defence. If you are successful a set aside takes the judgement back to the beginning and the claimant could reissue the claim forms.


    This does sounds as though it is quite a complicated situation, so some one to one advice from a free debt charity and maybe even some legal advice could be worth considering at this stage.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • sweetjudy21
    • By sweetjudy21 18th Mar 17, 2:51 PM
    • 12 Posts
    • 2 Thanks
    sweetjudy21
    • #5
    • 18th Mar 17, 2:51 PM
    • #5
    • 18th Mar 17, 2:51 PM
    Hi sweetjudy,


    It may be worth considering some legal advice at this stage. Just to clarify, for other potential posters, did you apply to strike out the claim in response to the original forms or had they already got a CCJ when you made that application? Were any costs added for missing the hearing?


    I am afraid we don't have much experience with strike out applications, but for a set aside application the court will normally consider, how long it has taken you to apply to set aside (were you prompt), why you didn't reply to the original claim forms, and whether or not you have a realistic prospect of a defence. If you are successful a set aside takes the judgement back to the beginning and the claimant could reissue the claim forms.


    This does sounds as though it is quite a complicated situation, so some one to one advice from a free debt charity and maybe even some legal advice could be worth considering at this stage.


    Laura
    @natdebtline
    Originally posted by National Debtline


    Hi Laura

    I applied for the strike out case because they original court (Northampton) who were hearing the case ordered for it to be stayed because the claimant didnt provide the necessary proof of ownership, statements of account etc

    I saw the opportunity then to ask for it to be struck out as the claimant had insufficient evidence to pursue the claim.

    I asked for it do be done without a hearing, but the judge decided it needed a hearing.As far as I was aware the hearing was to determine whether the case could be struck out or whether it should remain stayed.I wasnt aware that being on holiday would result in judgement being made against me.
    I am really angry at the court as I have proof that I asked prior to my departure what was required of me and complied with the courts request (incorrect info from the court clerks)
    • sweetjudy21
    • By sweetjudy21 24th Mar 17, 11:05 AM
    • 12 Posts
    • 2 Thanks
    sweetjudy21
    • #6
    • 24th Mar 17, 11:05 AM
    • #6
    • 24th Mar 17, 11:05 AM
    a quick update for the thread

    my request to set aside the judgement has been accepted and a new date set in a weeks time

    looking forward to it
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