Help With N244 Form

meltedgold01

Hi, i am applying to have a CCJ against me set aside and i wondered on the N244 form do i put the original claim no in the claim number section and am i the Claimant or the Defendant?
Thanks as deeply confused!!!!!!!!!!:mad:

fermi

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.

Information A sample application N244 is at the end of this fact sheet.
Advice Also ask the court to stop any enforcement of the judgment until after the hearing takes place to set the judgment aside.
Even if the case began in a different court, it will be transferred for a hearing in your local county court in private with a district judge.
The court will take into account how quickly you made the application and may want to know the reason for any delay, e.g. you only just found out about the judgment.

meltedgold01

Thanks for that, i have just spoken to the CCBC as we have had no documents relating to this and they have said i need to also make application to Stay the Writ of Fifa.......what does that mean?

fermi

Sounds like it may have been transferred to the the High Court for enforcement if they said that? I would check back with the court and give National Debtline a ring.

ValHaller

meltedgold01 wrote: »

Thanks for that, i have just spoken to the CCBC as we have had no documents relating to this and they have said i need to also make application to Stay the Writ of Fifa.......what does that mean?

If you googled that, you would know as much as I do.

fifa is short for fieri facias - and the writ of fifa is the court order for seizure of goods. So sound advice to get a stay put on that.

National_Debtline

Hello there.

It sounds like the debt may have been transferred ot the High Court for enforcement by High Court Enforcement Officers.

As well as applying for the ste aside you should look to apply for a Stay of Exeuction on the writ as well:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=31_dealing_with_debts_in_the_high_court

In the meaintime please ensure that your property is secure with doors and windows locked; and hide any vehicles away from your property.

Best wishes,

David @ National Debtline.