CCJ advice

banjo1991

Am I in a position to get this set aside? I've not read about anyone being in a similar situation so grateful to any thoughts. Whilst I dispute the CCJ I have no evidence to support my side of the case so


I received a letter on May 23rd stating that someone was placing a CCJ against me. Upon receiving this letter I went to the money claims website and applied for an extra 14 days which were granted. I did not respond to the claim within the 14 days.

After the 14 days were up the website then had a message reading 'We will contact you within 5 days if the claim against you has been successful'. After 10 days I had heard nothing but then the website changed to 'We will contact you within 10 days if the claim has been successful'. On June 28th (22 days later) I had still heard nothing so I emailed moneyclaims@hmcts.gsi.gov.uk to ask what was going on and received an autoreply stating I would hear back in 10 working days. 15 days after this email (13/7/2018) I had heard nothing still but received a letter telling me that I was to start paying the debt off at £200 a month starting 15/7/2018.


So basically I've spent 2 months in the dark and suddenly they want £200 in 2 days time. What can I do from here?

sourcrates

Hi,

Can I ask why you did not respond to the claim form ?

That was your opportunity to ether defend or admit the debt.

Because you did not submit a defence, the other side won by default.

You now have a county court judgement against you, I doubt that, under the circumstances you describe, you have grounds for a set aside.

The MCOL website would assume you had responded to the claim Hence the messages.

Your only option now is to apply to the court for an instalments order as quick as possible.

You can do that here using court form N244 :

https://www.gov.uk/government/publications/form-n244-application-notice

spangle82

Morning,
I have also received one of these forms and just been on the money claims website.
Do you know if the additional 14 days is just for if you plan to defend? The claim is actually against someone else and before I pay anything, I need to find out what it relates to and if possible where it has been since the initial creditor some 10 years ago.
Any advice much appreciated. Thanks in advance.

sourcrates

spangle82 wrote: »

Morning,
I have also received one of these forms and just been on the money claims website.
Do you know if the additional 14 days is just for if you plan to defend? The claim is actually against someone else and before I pay anything, I need to find out what it relates to and if possible where it has been since the initial creditor some 10 years ago.
Any advice much appreciated. Thanks in advance.

The extra 14 days is to allow you time to submit a defense.


What do you mean by "The claim is actually against someone else" ?


In which case, what is your role in the matter ?

spangle82

Hi, thanks for your reply.
I am currently looking after my sister's affairs whilst she is unwell. It seems she had some form of payment plan for several years but I'm really not sure of any details and don't want to rush in and pay anything until I know what's what.
It has been passed on to me with a week elapsed already. Do you know if I can speak directly with the creditor once we get to this stage? (if they can agree this is OK with her) to get more info etc... or put a hold on proceedings?

sourcrates

spangle82 wrote: »

Hi, thanks for your reply.
I am currently looking after my sister's affairs whilst she is unwell. It seems she had some form of payment plan for several years but I'm really not sure of any details and don't want to rush in and pay anything until I know what's what.
It has been passed on to me with a week elapsed already. Do you know if I can speak directly with the creditor once we get to this stage? (if they can agree this is OK with her) to get more info etc... or put a hold on proceedings?

You need to deal with the court papers now, and time is of the essence.

You should follow the advice here :

http://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues