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Help with N244 form
abc11
Posts: 26 Forumite
Hi. I have decided to try and get two CCJs set aside from the advice given by an officer at Northampton Bulk centre, National Debtline and CCCS and am just filling in the N244 form. I have written the below to attach as my evidence and was hoping that somebody with experience of getting CCJ's set aside would read it and give me some pointers. Below is the evidence for one CCJ but I plan to use the same info for both CCJ's. This one was sent to an address I am sure I had updated and was returned to Royal Mail and the other I am really just using the circumstances at the time to explain why I never received any papers as it was issued to my parents address apparently. I hope that makes sense, thanks for your help in advance and sorry for it being so long.... Oh an should I apply for a SAR before sending in the N244?
Your Honour
I am writing this statement in evidence to support my application to have this County Court Judgement set aside on the basis that I was living abroad due to exceptional, unforeseeable circumstances and so did not receive the claim. This resulted in the judgment being made in my absence denying me the chance to defend the claim. I also enclose copies of a police report I feel is relevant to my application and a copy of my Alien Immigration Card and a bank statement to prove my residence abroad.
In 2005 my marriage began to break down resulting in my ex-husband becoming extremely violent towards me. To remove myself from this abusive situation I moved back in with my parents early in 2006. At this time I updated my new address details with all the companies I had accounts. Unfortunately living with my parents did not deter my husband as he began to constantly harass my parents and I. This harassment placed me under a lot of stress and caused me to suffer from anxiety and depression. It also gave my drug and alcohol dependant father an excuse to attack me on the night of ?th April 2006. I contacted the police who investigated this incident, Crime Reference Number ?????/06. I was scared, injured from the attack, suffering from anxiety and I had my mother and brothers pressing me to drop the charges against my father. However I knew that if I dropped the charges on my father resulting in his bail restrictions being lifted there would be repercussions as it was not the first time he had been violent and he was furious that I had actually reported him to the police. I was not thinking clearly and after being abused by the two men in my life who should have been protecting me I just wanted to take myself as far away from this perilous situation as possible. I was not running away from my financial responsibilities but my abusers as there was no telling what either of them would do next.
I had a friend who lived in Cyprus who agreed that I could stay with them for a short time so I packed some belongings, contacted the police to drop the charges and left the UK on the ??th April 2006 one week later. I travelled light as I had a bad back and bruised ribs from the attack and could barely walk. I had hoped to keep in contact with my mother and once I was settled to ask her to send me my records and forward any post however my father was also violent towards her and would not let her keep in contact with me so she did not do this. My ex-husband had my new address once I had settled however he did not forward any mail and lead me to believe that he would continue to make any necessary payments towards my debts until I had an income as they had been built up jointly during our marriage. So having received no post or other indication from anybody and believing my ex-husband to be making payments I was unaware that this company was taking any action against me and had obtained a County Court Judgement until I recently obtained a copy of my credit report.
I was very distressed to find that I had been issued with this judgement in my absence and so I contacted the Northampton Bulk Centre for further information. After discussing my details with the court officer they informed me that I could apply to have the judgement set aside due to the exceptional circumstances at the time. It was also mentioned that it had been marked on my file that the papers had not actually been delivered but had in fact been returned to Royal Mail. After checking the details of this judgement it also appeared that the address of my marital home had been used in error to issue the judgement. I informed all of my creditors when I moved to my parents’ home of the address change and it is highly unlikely that I would have informed all of the creditors and not this one. At the time this judgement was issued my ex-husband was no longer living at the property either so there would have been no way to forward the mail.
It took me until this August to apply for my credit report as it took me several months to get my health back and my head straight and once I did this my new life took over. I remarried, had a baby and although we returned to the UK at the end of 2008 I was preoccupied with helping my new husband to find a job in the current economic climate and with looking after a young baby. I then fell pregnant and unfortunately had a bad pregnancy with complications so again looking after a small child and being sick during my pregnancy my mind was preoccupied elsewhere. I had the baby who from about 4 weeks of age began to get quite sick needing frequent trips to the GP and hospital and to take a multitude of regular medications. I was exhausted looking after a sick baby and a toddler and it is only now that he is 9 months old that he has started to get better and I have had the chance to think about something other than worrying about his health. I had also not previously informed my new husband of my past financial situation and although he is a good man I was worried he would be angry and didn’t want to cause him any more stress and so waited until our life had settled down to tell him of my past financial situation. After we had discussed it we agreed the first step was to try and get some information as I did not have any records. Hence the reason to obtain my credit file as I have no recollection of who I owe money to or how much and had naively been thinking my ex-husband had continued to make payments. I have spent the time since obtaining my credit file to seek advice and to save up the £75 fee as I did not have it available immediately. This is the reason it has taken me since ??/01/2007 when the County Court Judgement was issued to make this application to the courts.
Having provided the above information I kindly request that the County Court Judgement issued by [BANK] to be set aside to allow me the chance to defend the claim. My main reason for this application is that the papers were sent to the wrong address, they were returned to Royal Mail and that the exceptional, unforeseeable circumstances at the time prevented me having any knowledge of the judgement until now. By not receiving any default notices or the claim form I was denied the chance to request the relevant documentation from [BANK] to substantiate the account and any sums owed. If [BANK] had been able to provide the documentation then I would have made arrangements to make payments to prevent the claim going to court. This judgement doesn’t just affect my credit rating but any future career prospects. It was always my ambition to study law but due to my home life in the past I was unable to do this until now. I have now been accepted to study law and my husband fully supports me. However it seems that due to the lies and domestic abuse I have suffered at the hands of my father and ex-husband my future prospects are in jeopardy. It has taken me a long time to rebuild my life and get my health and confidence back but it still seems that their abuse will be allowed to affect my life, including the lives of my new husband and children, forever even though I was just a victim trying to escape some very difficult circumstances and to live a safe life.
Thank you
Your Honour
I am writing this statement in evidence to support my application to have this County Court Judgement set aside on the basis that I was living abroad due to exceptional, unforeseeable circumstances and so did not receive the claim. This resulted in the judgment being made in my absence denying me the chance to defend the claim. I also enclose copies of a police report I feel is relevant to my application and a copy of my Alien Immigration Card and a bank statement to prove my residence abroad.
In 2005 my marriage began to break down resulting in my ex-husband becoming extremely violent towards me. To remove myself from this abusive situation I moved back in with my parents early in 2006. At this time I updated my new address details with all the companies I had accounts. Unfortunately living with my parents did not deter my husband as he began to constantly harass my parents and I. This harassment placed me under a lot of stress and caused me to suffer from anxiety and depression. It also gave my drug and alcohol dependant father an excuse to attack me on the night of ?th April 2006. I contacted the police who investigated this incident, Crime Reference Number ?????/06. I was scared, injured from the attack, suffering from anxiety and I had my mother and brothers pressing me to drop the charges against my father. However I knew that if I dropped the charges on my father resulting in his bail restrictions being lifted there would be repercussions as it was not the first time he had been violent and he was furious that I had actually reported him to the police. I was not thinking clearly and after being abused by the two men in my life who should have been protecting me I just wanted to take myself as far away from this perilous situation as possible. I was not running away from my financial responsibilities but my abusers as there was no telling what either of them would do next.
I had a friend who lived in Cyprus who agreed that I could stay with them for a short time so I packed some belongings, contacted the police to drop the charges and left the UK on the ??th April 2006 one week later. I travelled light as I had a bad back and bruised ribs from the attack and could barely walk. I had hoped to keep in contact with my mother and once I was settled to ask her to send me my records and forward any post however my father was also violent towards her and would not let her keep in contact with me so she did not do this. My ex-husband had my new address once I had settled however he did not forward any mail and lead me to believe that he would continue to make any necessary payments towards my debts until I had an income as they had been built up jointly during our marriage. So having received no post or other indication from anybody and believing my ex-husband to be making payments I was unaware that this company was taking any action against me and had obtained a County Court Judgement until I recently obtained a copy of my credit report.
I was very distressed to find that I had been issued with this judgement in my absence and so I contacted the Northampton Bulk Centre for further information. After discussing my details with the court officer they informed me that I could apply to have the judgement set aside due to the exceptional circumstances at the time. It was also mentioned that it had been marked on my file that the papers had not actually been delivered but had in fact been returned to Royal Mail. After checking the details of this judgement it also appeared that the address of my marital home had been used in error to issue the judgement. I informed all of my creditors when I moved to my parents’ home of the address change and it is highly unlikely that I would have informed all of the creditors and not this one. At the time this judgement was issued my ex-husband was no longer living at the property either so there would have been no way to forward the mail.
It took me until this August to apply for my credit report as it took me several months to get my health back and my head straight and once I did this my new life took over. I remarried, had a baby and although we returned to the UK at the end of 2008 I was preoccupied with helping my new husband to find a job in the current economic climate and with looking after a young baby. I then fell pregnant and unfortunately had a bad pregnancy with complications so again looking after a small child and being sick during my pregnancy my mind was preoccupied elsewhere. I had the baby who from about 4 weeks of age began to get quite sick needing frequent trips to the GP and hospital and to take a multitude of regular medications. I was exhausted looking after a sick baby and a toddler and it is only now that he is 9 months old that he has started to get better and I have had the chance to think about something other than worrying about his health. I had also not previously informed my new husband of my past financial situation and although he is a good man I was worried he would be angry and didn’t want to cause him any more stress and so waited until our life had settled down to tell him of my past financial situation. After we had discussed it we agreed the first step was to try and get some information as I did not have any records. Hence the reason to obtain my credit file as I have no recollection of who I owe money to or how much and had naively been thinking my ex-husband had continued to make payments. I have spent the time since obtaining my credit file to seek advice and to save up the £75 fee as I did not have it available immediately. This is the reason it has taken me since ??/01/2007 when the County Court Judgement was issued to make this application to the courts.
Having provided the above information I kindly request that the County Court Judgement issued by [BANK] to be set aside to allow me the chance to defend the claim. My main reason for this application is that the papers were sent to the wrong address, they were returned to Royal Mail and that the exceptional, unforeseeable circumstances at the time prevented me having any knowledge of the judgement until now. By not receiving any default notices or the claim form I was denied the chance to request the relevant documentation from [BANK] to substantiate the account and any sums owed. If [BANK] had been able to provide the documentation then I would have made arrangements to make payments to prevent the claim going to court. This judgement doesn’t just affect my credit rating but any future career prospects. It was always my ambition to study law but due to my home life in the past I was unable to do this until now. I have now been accepted to study law and my husband fully supports me. However it seems that due to the lies and domestic abuse I have suffered at the hands of my father and ex-husband my future prospects are in jeopardy. It has taken me a long time to rebuild my life and get my health and confidence back but it still seems that their abuse will be allowed to affect my life, including the lives of my new husband and children, forever even though I was just a victim trying to escape some very difficult circumstances and to live a safe life.
Thank you
0
Comments
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Have I posted this in the right place??0
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Yes, I think so, but it is quiet at the weekend. Sorry, I don't have experience of this myself.
Could you get legal advice from Community Legal Services?0 -
Ok thank you, was just starting to think I'd posted in the wrong place.
Am going to try them tomorrow but not sure if I qualify for legal aid so any idea if they would still offer advice over the telephone?0 -
If there is anybody out there who can take the time to read my long post, sorry, and can offer any advice I would be really grateful as I just want to give it the best shot I can at getting these CCJs taken off and don't want to mess up this evidence bit. Any suggestions or comments welcome, even if its just about spellings or grammar. Thank you.0
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General feeling - you are rambling and laying it on a bit thick
Your Honour
I am writing this statement in evidence to support my application to have this County Court Judgement set aside on the basis that I was living abroad due to exceptional, unforeseeable circumstances and so did not receive the claim. This resulted in the judgment being made in my absence denying me the chance to defend the claim. I also enclose copies of a police report I feel is relevant to my application and a copy of my Alien Immigration Card and a bank statement to prove my residence abroad.
In 2005 my marriage began to break down resulting in my ex-husband becoming extremely violent towards me. To remove myself from this abusive situation I moved back in with my parents early in 2006. At this time I updated my new address details with all the companies I had accounts. Unfortunately living with my parents did not deter my husband as he began to constantly harass my parents and I. This harassment placed me under a lot of stress and caused me to suffer from anxiety and depression. It also gave my drug and alcohol dependant father an excuse to attack me on the night of ?th April 2006. I contacted the police who investigated this incident, Crime Reference Number ?????/06. I was scared, injured from the attack, suffering from anxiety and I had my mother and brothers pressing me to drop the charges against my father. However I knew that if I dropped the charges on my father resulting in his bail restrictions being lifted there would be repercussions as it was not the first time he had been violent and he was furious that I had actually reported him to the police. I was not thinking clearly and after being abused by the two men in my life who should have been protecting me I just wanted to take myself as far away from this perilous situation as possible. I was not running away from my financial responsibilities but my abusers as there was no telling what either of them would do next. [1]
I had a friend who lived in Cyprus who agreed that I could stay with them for a short time so I packed some belongings, contacted the police to drop the charges and left the UK on the ??th April 2006 one week later. I travelled light as I had a bad back and bruised ribs from the attack and could barely walk. I had hoped to keep in contact with my mother and once I was settled to ask her to send me my records and forward any post however my father was also violent towards her and would not let her keep in contact with me so she did not do this. My ex-husband had my new address once I had settled however he did not forward any mail and lead me to believe that he would continue to make any necessary payments towards my debts until I had an income as they had been built up jointly during our marriage. [2] So having received no post or other indication from anybody and believing my ex-husband to be making payments I was unaware that this company was taking any action against me and had obtained a County Court Judgement until I recently obtained a copy of my credit report.
I was very distressed to find that I had been issued with this judgement in my absence and so I contacted the Northampton Bulk Centre for further information. After discussing my details with the court officer they informed me that I could apply to have the judgement set aside due to the exceptional circumstances at the time. It was also mentioned that it had been marked on my file that the papers had not actually been delivered but had in fact been returned to Royal Mail. After checking the details of this judgement it also appeared that the address of my marital home had been used in error to issue the judgement. I informed all of my creditors when I moved to my parents’ home of the address change and it is highly unlikely that I would have informed all of the creditors and not this one. At the time this judgement was issued my ex-husband was no longer living at the property either so there would have been no way to forward the mail.
It took me until this August to apply for my credit report as it took me several months to get my health back and my head straight and once I did this my new life took over. I remarried, had a baby and although we returned to the UK at the end of 2008 I was preoccupied with helping my new husband to find a job in the current economic climate and with looking after a young baby. I then fell pregnant and unfortunately had a bad pregnancy with complications so again looking after a small child and being sick during my pregnancy my mind was preoccupied elsewhere. I had the baby who from about 4 weeks of age began to get quite sick needing frequent trips to the GP and hospital and to take a multitude of regular medications. I was exhausted looking after a sick baby and a toddler and it is only now that he is 9 months old that he has started to get better and I have had the chance to think about something other than worrying about his health. I had also not previously informed my new husband of my past financial situation and although he is a good man I was worried he would be angry and didn’t want to cause him any more stress and so waited until our life had settled down to tell him of my past financial situation [3]. After we had discussed it we agreed the first step was to try and get some information as I did not have any records. Hence the reason to obtain my credit file as I have no recollection of who I owe money to or how much and had naively been thinking my ex-husband had continued to make payments. I have spent the time since obtaining my credit file to seek advice and to save up the £75 fee as I did not have it available immediately. This is the reason it has taken me since ??/01/2007 when the County Court Judgement was issued to make this application to the courts.
Having provided the above information I kindly request that the County Court Judgement issued by [BANK] to be set aside to allow me the chance to defend the claim. My main reason for this application is that the papers were sent to the wrong address, they were returned to Royal Mail and that the exceptional, unforeseeable circumstances at the time prevented me having any knowledge of the judgement until now. By not receiving any default notices or the claim form I was denied the chance to request the relevant documentation from [BANK] to substantiate the account and any sums owed. If [BANK] had been able to provide the documentation then I would have made arrangements to make payments to prevent the claim going to court.[4]
This judgement doesn’t just affect my credit rating but any future career prospects. It was always my ambition to study law but due to my home life in the past I was unable to do this until now. I have now been accepted to study law and my husband fully supports me. [5]
However it seems that due to the lies and domestic abuse I have suffered at the hands of my father and ex-husband my future prospects are in jeopardy. It has taken me a long time to rebuild my life and get my health and confidence back but it still seems that their abuse will be allowed to affect my life, including the lives of my new husband and children, forever even though I was just a victim trying to escape some very difficult circumstances and to live a safe life. [6]
Thank you
[1] Trim this down
he began to constantly harass my parents and I -> parents and me
[2] It is incredible that you believed these assurances - it undermines the case you are trying to make
[3] Rambly and and detracts from your case. Looks like excuses rather than reasons
[4] Looks like a summary in the making. Trim it down, head it summary and use bullet points.
[5] So not only are you asking to be let off the debt, you are asking to have the road swept clear to go into Law. Too big an ask. If the judge is a bit against you, this could finish you.
[6] Laying this on far too thick. I can hear the violins.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Many thanks for taking the time to reply.
I will certainly will try and trim it down a bit I was just following the advice of the National Debtline lady I spoke to as she seemed to think the more info in there the better. Just to make a comment on your points.
[2] Yes I now know he is a lying b******. I'd also spent 7 years believing him that the bruises, black eyes, bullying or affairs wouldn't happen again so I was clearly a sucker for punishment and an idiot!!
[3] It says in the application notes that how long you have taken to make the application and any reason for delay is taken into consideration so I was just trying to explain here but will try and cut it down. They were not meant to be excuses just an explanation of why I had not made the application sooner.
[4] That is a great idea, thanks.
[5] Again this was the advice lady's idea. She seemed to think it would be a good idea to mention this so that it would show I'm not just after a clear credit report but that they could affect future employment prospects and so any income to repay them. I'm not asking for the debt to be cleared - I understand and please correct me if I am wrong - that even if the set aside were granted the claim would just go back to the beginning not be wiped off. My point is that were this to happen I would be able to defend the claim or make arrangements with the bank before CCJs were issued. Also if the bank decided to still pursue the CCJs I could end up with a new one on file for a further 6 years so it is a risk for me as well. Even if they don't get removed I can still do law, it just might not be as straight forward as if they were not there. I am not asking for any road to be swept clear just a chance to defend myself.
[6] I asked for your advice and opinion so thank you and it is appreciated but I am sorry that you felt it necessary to ridicule me.
I will definitely go through the statement again with your comments in mind and hopefully make it a bit more brief and to the point. Thank you again.0 -
....
[6] I asked for your advice and opinion so thank you and it is appreciated but I am sorry that you felt it necessary to ridicule me.
Whatever. I actually read your post on Saturday, and I thought it would be a difficult one to respond to - partly because that was my reaction when I read that far.
Now, you asked again and I had a go at commenting because no one else had. I cannot fail to comprehend the abuse you have suffered and the on going difficulty you are experiencing. I had a choice as to whether to give it you straight or to be soft about it all.
I chose to give you my reaction, not to hurt you, but so that you could have some feel for the possible reaction of the decision maker - which I think is what you were asking for. So I don't think that an apology is the way to go on this. But for clarification, it is my reaction to how you are writing rather than to your situation.
Hope that helps.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Thank you again and I do appreciate your input. I'm afraid I did take the comment to heart as I felt you were referring to the situation so thank you for clarifying that is not what you meant. I know my writing was not very good and soppy but it's the first time I have had to do anything like this and I can't find any examples to follow. The debtline lady also kept saying to make it appeal to their human side but I guess I'm better off just sticking to facts and not padding it out.
Again I do appreciate you being straight and once I have had a chance to rewrite it I would be grateful if you would do this same to the rewrite if you have the time.0
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