Help with N244 form for CCJ removal

entwistle18

Hope this is the right area for posting.

I am trying to fill out the N244 form for the removal of a CCJ wrongly place against both mine and my partners name. Here is a quick overview of the story.

We sold and moved out of a property in August 2007. In December 2008 a CCJ was brought against us, without us knowing, for the non-payment of management fees relating to our old property for the time period January 2008-December 2008. We didn't own the property during this time, yet have only just found out about the CCJ through doing a credit check. The Management Company for our old house have basically said that they brought the CCJ against us because they believed we will lived in the property, and indeed the Land Registry still had us listed as living there. We have found out that details of the new owners had not been given to the Management Company or Land Registry because they failed to pay all their solicitors fees(this is still the case now!). The Management Company have agreed that the CCJ should not have been placed against us, though will not remove it for us, or pay the court fees for doing so. As a result, we are attempting to approach the courts ourselves to have the CCJ removed, albeit feeling very aggrieved that we will be doing so at our expense, despite being the innocent party.

We are having difficulty filling in the following sections:

2. Are we claimant or defendant? (We think defendant)
4. Have we attaced a draft of the order we are applying for? (Would this constitute evidence showing we were not living there?)
6. How long do we think the hearing will last?
8. What level of Judge does our hearing require?
9. Who should be served with this application?

As you can see we are pretty much stuck on the whole form! We have all the evidence eg. letter from our Solicitor confirming when we moved out, emails from the management Company saying the CCJ shouldn't have been placed against us, copy of the Land Registry wrongly showing us as owners of the property. We would really appreciate any help we can get with this.

fermi

I can't comment on how good this advice is, but..................

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

How do I apply?

You need to ask the court for a general application form called an N244. You should fill in the N244 to include the information the court asks for.

The following points may help you when filling in the form. If you get stuck, phone us for advice.

• Include the the claim number of the case and details of the creditor or ‘claimant’.
• Question 1: fill in your name here.
• Question 2: you will normally tick the box as the ‘defendant’.
• Question 3: you need to briefly state what order you are asking the court to make and the reasons for your request.
• Question 4: this asks if you have attached a draft of the order you are applying for. We would suggest that you only tick ‘yes’ to this if you have had help from a solicitor or advice agency with drafting the order. Otherwise, leave this up to the court.
• Question 5: this asks you if you want to have the application dealt with at a hearing. Most applications will be dealt with at a hearing.
• Question 6, 7 and 8: it is safer to leave these blank rather than guess how long a hearing will last or what level of judge you need at the hearing.
• Question 9: only fill this in if there is someone you want the court to send a copy of the application to, such as your solicitor.
• Question 10: this appears on the back of the form. You should tick the box saying you are relying on ‘the evidence set out in the box below’. You need to include any evidence you have to support your case, such as proof you have changed address or were out of the country. Any information you have about your possible defence should also be included. You should explain any delay in making the application.
• Sign the statement of truth on the bottom of the form.
• Send the form back to the court and remember to keep a copy.

caroleh78

1. You are the Defendants
4. No - the Court will draw up the order.
6. The hearing may last about an hour seeing as its contended. If you put less than that and there isn't enough time the court will adjourn the hearing for a new date and delay further.
8. District Judge in the county court.
9. The claimant should be served with the application.

Attach copies of documents supporting the fact you no longer resided in the property since August 2007. They can get the Judgment seeing as its your last known address, however, if you can prove you have a defence to the claim, the Judge is likely to set it aside and provide you with further time to file a full defence.

Hope this helps

entwistle18

caroleh78 wrote: »

6. The hearing may last about an hour seeing as its contended. If you put less than that and there isn't enough time the court will adjourn the hearing for a new date and delay further.

The Management company are happy for judgement to be set aside are have stated that in a letter to us but they are not willing to pay the fee for us. so is it contended?

fatbelly

Question 6, 7 and 8: it is safer to leave these blank rather than guess how long a hearing will last or what level of judge you need at the hearing.

I would go for 15 minutes with a District Judge. It's possible that, even saying this, they may only list it for 5 mins. Courts tend to see if they can deal withthings quickly and, if it's not straightforward, the judge gives 'directions' and the case is re-listed with a longer time slot.

caroleh78

put the letter from the management company in with your application which confirms their agreement. The fee is £40 for a without notice application.