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CCJ Set Aside today

124

Comments

  • JDOG1982
    JDOG1982 Posts: 34 Forumite
    Has no one ever received an N181 form before? Just unsure of my next move.
  • fatbelly
    fatbelly Posts: 23,270 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    You didn't say that you had been sent a N181 but that would be usual as it gives you the chance to say when you would be unavailable for a hearing and whether you want to use ADR. You should fill it in and return it to the court.
  • JDOG1982
    JDOG1982 Posts: 34 Forumite
    fatbelly wrote: »
    You didn't say that you had been sent a N181 but that would be usual as it gives you the chance to say when you would be unavailable for a hearing and whether you want to use ADR. You should fill it in and return it to the court.


    I did state i had been sent one in my udated post. The N181 form has already been completed by the claimant, thats why i ask what i need to do, if anything.
  • fatbelly
    fatbelly Posts: 23,270 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 6 January 2015 at 6:39PM
    The N181 is not the small claims form. Is this a claim for over 10k?

    The normal process is that the court sends the claimant and defendant separately a N180 (small claims) and these are returned to the court to decide the next move.

    I don't know why you would have a copy of the claimant's form but not one to complete yourself and (if the claim is under 10k) why this is going down an alternative route?

    You will need to ask the court these questions I think.

    Further thoughts - have they written anything under D2 - reasons for allocation to a track other than the usual one? I am wondering if they are trying scare tactics relating to costs but I haven't seen this as a tactic before.
  • JDOG1982
    JDOG1982 Posts: 34 Forumite
    fatbelly wrote: »
    The N181 is not the small claims form. Is this a claim for over 10k?

    The normal process is that the court sends the claimant and defendant separately a N180 (small claims) and these are returned to the court to decide the next move.

    I don't know why you would have a copy of the claimant's form but not one to complete yourself and (if the claim is under 10k) why this is going down an alternative route?

    You will need to ask the court these questions I think.

    Further thoughts - have they written anything under D2 - reasons for allocation to a track other than the usual one? I am wondering if they are trying scare tactics relating to costs but I haven't seen this as a tactic before.

    Yes the claim is for just under 10k, i sent the court and the claimant my defence as instructed by the court. I then received a copy of a letter from the court which was sent to the claimant titled (Notice of Proposed Allocation to the Fast Track). I the letter it stated that this claim is now a defended claim and the claimant must complete the Directions Questionnaire (N181) and then file it with the court.

    Next i received letter from the claimant stating that they are prepared to settle out of court which included their completed N181 form which im guessing has been sent to me and the court.

    This is where i am at, unsure what next to do
  • fatbelly
    fatbelly Posts: 23,270 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    JDOG1982 wrote: »

    This is where i am at, unsure what next to do

    Talk to the court and ask them what is going on here. What have they sent to who, and why?
  • JDOG1982
    JDOG1982 Posts: 34 Forumite
    fatbelly wrote: »
    Talk to the court and ask them what is going on here. What have they sent to who, and why?

    Yeah I spoke to them today, the claimant had completed an N180 form which I received a copy of and I need to send the court and claimant the N181 form.

    Now I just need to find out how to complete this form?
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    with it been so much, what was the debt for?
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • JDOG1982
    JDOG1982 Posts: 34 Forumite
    chanz4 wrote: »
    with it been so much, what was the debt for?

    The debt was for a credit card 6k but it seems to have grown to 9k
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    How can it be SB, they went for ccj in feb 14, you admit after checking your bank statement on another thread "I got a letter back stating I had made a payment in August 2008 for £12.50. I did not believe this so sent another letter to them asking for proof of this payment. Meanwhile I requested bank statements to see if I had, and it looks like it's true and I have made a payment. "
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
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