CCJ advice for N244 (CC debt)

Cherryx

Hi all,

I'm in a bit of a situation regarding an impending CCJ and was wondering if anyone had been through a similar situation with positive news, as I can't afford close to 4k at the moment.

I currently have a bit of debt behind me that I owe and have had a precarious career the past couple of years working freelance in an industry which is on its knees at the moment and was made redundant earlier this year once I finally landed a staff role. It has been stressful to say the least. I work additionally in another job ad-hoc in another area to help with this precariousness, but my work isn't guaranteed and comes up as and when needed.

With the potential of a new job on the horizon, I partook in some training across the summer which was paid but a low amount as its an internship and had to temporarily move address to a new base in another city to accommodate this. However, I went back to my initial home to find PRA had made a claim against me after some missed payments which I'd honestly forgotten about and are pushing for a CCJ. Without knowing this information I had already made a token payment after the default was registered although my records are yet to update and had sent an email asking to pay a token payment and also put a direct debit payment plan in place online, but was told today because their claim was issued on 16/08/2024 served on 21/08/2024 that any payments made after this won't effect the legal procedures. 

I have been advised to fill out an N244 to withdraw the CCJ, but wanted to know how to defend myself. Am I in the wrong legally for moving away temporarily and not updating creditors? Given they provide you only with 21 days to fill out the claim pack it seems completely unreasonable. I'm just wondering if my being away and being able to prove this would stand as I did try to get in touch to organise payments and wanted to know if this would help me in anyway as I'm not trying to avoid my debts, it has just been an increasingly difficult year for me.

My asks to you guys are:

. Will it stand in my favour me being at a different address temporarily since I hadn't updated my creditors?

. Given my work is ad-hoc, I can't pay the full amount and would this also stand in my favour in terms of speaking about precariousness of work and stress related to it 

. Would this mean I can get the fee for the N244 waivered given I am not earning much money

. In the N244 form, is it worth mentioning the impact the CCJ would have on me? As at the moment I am close to moving house due to some other awful situations but understand I'd not be able to rent from anyone pretty much after trying to improve my credit score and lower my debts

. Am I able to type up answers to the questions on the N244 form and print then attach this all together?

. Would my payments despite after the default/claim happening put me in a good light for the most part?

Thanks.

fatbelly

So the claim was issued on 16/8, served on 21/8. You had until 4/9 to acknowledge service and then 18//9 to defend.

It's not clear whether you did either nor whether they have got summary judgement.

If the MCOL site will still allow you to defend the claim you should do so.

Otherwise you should wait till the ccj is issued. It can take a few weeks. You can then consider whether you should apply for setaside.

You would need

• To act promptly

• To have a reason why you did not respond to the claim

• To have a defence with a reasonable prospect of success

Cherryx

fatbelly said:

So the claim was issued on 16/8, served on 21/8. You had until 4/9 to acknowledge service and then 18//9 to defend.

It's not clear whether you did either nor whether they have got summary judgement.

If the MCOL site will still allow you to defend the claim you should do so.

Otherwise you should wait till the ccj is issued. It can take a few weeks. You can then consider whether you should apply for setaside.

You would need

• To act promptly

• To have a reason why you did not respond to the claim

• To have a defence with a reasonable prospect of success

Thanks, I'm unsure whether they have got a summary judgement, but from what I understand it's in motion and perhaps it's not updated on my records yet. I don't return to London until tomorrow so can't even access the claim number and defence pack password unless there is a letter. I will try calling the CNBC as I have very little information to go on at the moment. 

fatbelly

I doubt you'll get through to CCBC. You need to see the claim pack and see what it says online

sourcrates

Most debtors opt to pay via an instalment plan.

If you receive summery judgement by default, then the payment may be forthwith, and you will have to decide if you have a good enough defence to apply for a set aside, or apply for an instalment plan.

The cost of a set aside application has recently risen to £303, although remission is available for those on a low income.
You would need to complete court form N-244 and also court form EX-160 and submit together.

Cherryx

sourcrates said:

Most debtors opt to pay via an instalment plan.

If you receive summery judgement by default, then the payment may be forthwith, and you will have to decide if you have a good enough defence to apply for a set aside, or apply for an instalment plan.

The cost of a set aside application has recently risen to £303, although remission is available for those on a low income.
You would need to complete court form N-244 and also court form EX-160 and submit together.

I'd like to hope me being away for work in a different residence would be considered a good enough defence seeing as I never had a chance to respond to this and can provide proof I had to take up residence elsewhere temporarily for 9 weeks. It seems that is a valid response in most cases if a claimant is out of the country or was sent to the incorrect address. Just a little worried they will ask me why I didn't update my address but it was for only a short time.

Cherryx

fatbelly said:

I doubt you'll get through to CCBC. You need to see the claim pack and see what it says online

The problem I'm having is I got back to my address today which they have likely sent it to and there's nothing. Do you know if there's another way to access the defence pack? I don't know if it would be the CCBC who would have this information and would give it over telephone or if I just fill out an N244 and send it to their Applications.CNBC@justice.gov.uk

fatbelly

Then you'll have to wait for the judgement