Urgent help missed CCJ deadline

Marygrinser

I’m new here and would really appreciate urgent advice.

Please withhold any judgement as I am very upset about what has happened.

I received a CCJ claim form from Lowell saying I owed o2 mobile 300 pounds. This is nonsense as I have never been with o2.

I replied online and said I wish to defend against the claim.

I then sent Lowell a tracked letter asking for the agreement proving that I signed up to o2.

My mistake is that I thought I had 14 days to reply to Lowell. However I can now see that I made a mistake and actually had 14 days to reply and submit a defence.

I have now been issued with a CCJ - I received the letter today.

I would really appreciate any advice to sort this situation out as I can not afford to pay this fine in one go. Especially as I have never been with o2 in the first place!

MovingForwards

Apply to the court to set judgment aside, costs £255 for the court fee.

CakeCrusader

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money You can get help with the court fee if you're on a low income, but it is usually £255. The form that you need to fill in is an N244, and it's on the link above.

Marygrinser

Ok sure. Is it reasonable to give the above reasons as the cause for why this happened?

Is there any alternative course of action I can take which will allow me to not pay?

It is really upsetting as I am paying for something that I didn!!!8217;t actually owe. Can!!!8217;t believe these companies can get away with this.

National_Debtline

Hi Marygrisner and welcome to MSE,


In order to challenge the judgement after it has been made, you would need to file something called a Set Aside application. This is an application that takes the judgment back to the beginning. The court will assess how long it has taken you to file this application (were you prompt), why you didn't respond to the original claim forms and do you have a realistic prospect of a defence.



This application is done using an N244 form which can cost £255. If you are on certain benefits or a low income you may be able to get that waivered with an EX160. I should also make you aware that if you are unsuccessful with this application the debt can increase through legal costs of the other side and you need further advice because you did receive the claim forms, as evidenced by you filing the acknowledgement of service. This may not make any difference but before you make this application I would suggest you try and get some legal advice.


I appreciate that you say you cannot pay this in one go, but (in the interest of giving you all options), if you pay the judgement in full within 1 month of the judgement date, it wouldn't be recorded on your credit rating (I mention this because if you aren't entitled to any fee remission, then the set aside and balance of the debt are similar, and there is no guarantee of success with a set aside). Best of luck,


Laura
@natdebtline

Marygrinser

Thanks for the advice

In terms of defence, does it help that I did actually send a letter to Lowell after saying to the court I would be defending the claim? I have evidence that I sent a letter to them asking for proof of the debt and they did not reply.

CakeCrusader

Didn't Lovell send you anything before they applied for a CCJ? They should have sent you a warning letter (either a 'default notice' or a 'letter before action'), this is when you should have sent them a 'prove it' letter. https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-you-to-court-for-debt/



There is no alternative course of action. You can get help with the court fee if you're on a low income. As far as Lowell is concerned, it's your debt, and you didn't pay it when they asked. It's down to you to prove to the court that it's not your debt.

sourcrates

There is no written agreement with a mobile contract, use of the equipment is considered acceptance of the contract.

They should already of supplied you with evidence in the pre-action letter, they are legally obliged to send you.

Are you on a low income ?

Because your only options now are to either :

Apply for set aside,

Pay the debt,

Or ignore it and hope they do not escalate the matter.

Set aside will cost as much as the debt is worth, unless you qualify for remission on the fee, you need to fill in court form EX160 and submit it at the same time as the N244.

Unfortunately as you didn’t submit your defence on time, your stuck with only these options now.