UPDATE #3 N244 / CCJ is put aside. Next step

foreverinhope

Hi all,
I suddenly discovered a CCJ on my credit report but I never received any court papers.
The address against the CCJ is an old address.

Its a credit card debt but is statute barred.
The default date on my credit report is FEB 2011.
The CCJ is dated JAN 2019.

I am trying to get the judgement Set Aside and have prepared an N244, (attached).

Please can you take a look and advise if the wording is ok or if I need to include anything else?

Big thankyou

sourcrates

The wording seems fine, i assume you have not made any payment since the account defaulted ?

For a setaside to be successful, you must meet two criteria.

(1) You must have good reason why you did not recieve court paperwork, you tick that box.

(2) You must have a defence with a resonable chance of sucess, you also tick that box.

Down to the judge now.

fatbelly

After you mention the two dates I think you should add 'and I did not acknowledge the debt by payment or in writing between those two dates'

Obviously if you did, then you say the date of the last acknowledgement.

Ideally you should state the date of claim rather than the date of judgement (court can tell you this) as they have six years from the cause of action to start a claim

Some of that you don't need but there is space so it could stay. You could tick the box for a hearing and judge level is DJ (District Judge)

foreverinhope

Thanks both.

I'll let you know how I get on.

foreverinhope

UPDATE...

The court has replied saying its being transferted to my local county court. Just waiting for a date.

The claimant has also emailed me asking for more proof of my address at the time claim made and have also said i made a payment in June 2013 - but not given any bank details.

Im not with the same bank as in 2013 so cannot print statements to prove claimant wrong.

Should i be sending amy more evidence to the claimant before the hearing or hold on to it ready for the hearing?

In the meantime, should i be making a CCA or SAR request to Hoist Finance ahead of the hearing? I guess if they cant produce the CCA its good news for me?

Massive thanks for all help.

fatbelly

If your defence is that this was statute barred at the date of the claim then that is all that will be looked at.

It is up to the claimant to evidence that payment, not you to prove it didn't happen (how could you do that?). If they can, then they started the claim before the debt was statute barred.

foreverinhope

Thanks. Just worried they could fudge some dates to make it look like i made a payment.

Should i be making a CCA or SAR request right now?

fatbelly

There's no point doing a cca but a SAR might be worth doing and costs nothing.

foreverinhope

Thanks. SAR. Will do.

foreverinhope

UPDATE #2

Hearing date is 22nd Feb.

Court letter asks for evidence to be submitted 2 days before hearing. But I already included evidence when i submitted the N244. Do I need to submit it again??

The evidence I sent with n244 was copy of the credit report page showing default date and letter from letting agent stating when check out report will be to end tenancy, (so i wasnt living there when court papers were sent).

Should I beef up both bits of evidence? I have a child benefit statement showing my address (different to claim address) and a letter from original creditor dated 2011 stating account is defaulted.

How to I submit those extra bits of evidence? Online?

Thanks

AbundantBudget

Prior to my set aside hearing (which was successful) I submitted a 'proper' defence. You can find a template and samples on Leagalbeagle site. You'll need it anyway if you win your case and the process starts from scratch.