Parking final from Civil Enforcement Ltd and resulting CCJ - Help Needed!

djhodgko

Thanks Le_Kirk for the advice. 

What I need to know now is what i need to do and in what order so I can start moving things forwards. I don't want ot end up doing something wrong or in the wrong order and messing things up. 

I think if I know the process on how to start the set aside process then I can make start on this,. 

Le_Kirk

Did you see the NEWBIE sticky and did you read the section on set-asides?  Did this not give you the info and some examples that you need?  You can download a N244 form and complete it (I believe there may even be a pdf version that is editable on-line [but stand to be corrected if that is not right]).  You do not need to contact CCBC (which is only a processing centre) until you have your N244 form, witness statement and draft six-point order done and then you do so that you can pay the fee.  If you click on @henrik777 here and go to his profile you will find lots of posts that he has written and at least one of them had a timetable of how you go about the process.
Another way is to search the forum for "set-aside" or set aside" without the "" or scroll through the forum, there is always a set-aside thread on the go and read what others have done.

djhodgko

Yes I have read the NEWBIE thread and the links on there and other links but if anything it is getting me more confused as to what steps I need to take first. 

That why I ask only for in what order should I do things as once I know that I can get on with things. 

Is the first thing I do download the N244 form and fill that in and send off to ccbcfees@justice.gov.uk? 

Or is there a step to do before that?

Le_Kirk

Look at this link, then look at the N244 form guidance, there is info on there.  Did you read some other set-aside threads?

djhodgko

Hi Le_Kirk,

Yes I am currently filling in the N244 form and using the guidance one them links provided. 

In regards to point 3 I am filling as follows, does this look ok? 

An order that the judgement in default is set aside pursuant to CPR 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment when they checked up to the Experian credit reference agency on 23rd November 2021 and saw the CCJ. 

In regards to point 10@henrik777 or do I just tick the witness statement box and send my witness statement on a separate signed PDF?

https://forums.moneysavingexpert.com/discussion/comment/76473858/#Comment_76473858

Once the N244 is complete and ready to send to I send this to the court email address and then look to email the claimant with an SAR? 

Ellkat73

I have exactly the same situation where they have taken me to court via an old address, but they have my new one too - so definitely no excuse for this.  I'm very confused as to what to do too - I have completed the form, but is it sufficient to say things as they happened? Or do I need to go all LA Law and be citing other things?    I only found out about the judgement thanks to Credit Klarna who alerted me that a 'derogatory remark' had been listed against my name.  The judgement was only made on Monday - I don't want a CCJ - I have an excellent credit record and this is sickening, especially as its due to these cowboys operating underhand tactics.  I'm worried that if I don't pay within a month it is going to have repercussions.     I'm currently waiting for my call to the court to be answered - only 38 in the queue

djhodgko

Looks like it missed some text off my previous post, it should read as follows - 

In regards to point 10 do I need to add both a "draft order" and "witness statement" for this part of the form as shown on this post from @henrik777 or do I just tick the witness statement box and send my witness statement on a separate signed PDF and tn wait to send the "draft order" or does it all go together as separate PDF's. 

Ellkat73

I have just been told by the 'Court Business Centre that in order for this not to impact on my that I need to pay the £315 immediately.  At that point the judgement is set aside anyway rendering the N244 form invalid.  How though do I challenge the judgement in the first place?  I'm incredulous that this is still allowed to go on.  Surely the courts are playing a part in this by enabling these cowboys. 

djhodgko

Ellkat73 said:

I have just been told by the 'Court Business Centre that in order for this not to impact on my that I need to pay the £315 immediately.  At that point the judgement is set aside anyway rendering the N244 form invalid.  How though do I challenge the judgement in the first place?  I'm incredulous that this is still allowed to go on.  Surely the courts are playing a part in this by enabling these cowboys. 

Could you start a new thread for your case so that it doesn't cloud over questions I am asking and feedback I am getting? Of course you can still look on and see the advice given to me but feel 2 different cases on 1 thread will get confusing. 

djhodgko

I am still confused as if I need to contact Civil Enforcement Ltd at all in this case or do I just send a N244 form and supporting documents and take it from there. 

To advise I have seen no documents from CEL or anything from a court. I found the CCJ through a credit check and the oly details I have on it is I have a CCJ as confirmed whe nI called the court on the 23rd Nov. 

If I post my witness statement and draft order would someone check them for me?