CCJ N244 or Consent to set aside - urgent help needed

Cherryx

Hi all,

I recently posted about a CCJ that has been made against me, long story short I was away for work for 9 weeks and found out via email 2 days ago that there was a claim made against me from PRA. I went back to my address that they have yesterday and there's no claim pack!

I have tried to get an answer from a StepChange, but struggling enormously. I wanted to ask how likely it is I would be able to remove the CCJ which has was made against me 5 days ago. In this time frame leading up to this across August and September, I was able to make token payments and set up a payment plan on my account without anything notifying me - does this help my defence at all?

I am also in a dire situation with accommodation having to move away for safety from some housemates who have substance abuse issues. Could I explain in my N244 that a CCJ would have a detrimental impact on me as I will likely struggle to find accommodation and may end up homeless? (I rent)

I also wanted to ask if its possible to get a consented N244 from the claimant, considering I can definitely prove I was away for work reasons? Is this common practise? I have already told them I will be pushing for a N244.

I was also advised to apply for a redetermination within 14 days, does this mean if an agreement is made on payment that a CCJ is withdrawn?

Thanks in advance,
A very stressed person

Cherryx

Bumping, can anyone advise?

ManyWays

Cherryx said:

how likely it is I would be able to remove the CCJ which has was made against me 5 days ago. In this time frame leading up to this across August and September, I was able to make token payments and set up a payment plan on my account without anything notifying me - does this help my defence at all?  A defence gives a reason why you do not owe this money or why if you do owe the money the debt is not enforceable. The fact that you were making arrangemed payments makes it much less likely that a creditor would go to court but they still can and making these payments is not a defence. A CCJ will only be set aside if you have a possible defence.

Could I explain in my N244 that a CCJ would have a detrimental impact on me as I will likely struggle to find accommodation and may end up homeless? (I rent) The court would probably regard that as irrelevant

I also wanted to ask if its possible to get a consented N244 from the claimant, considering I can definitely prove I was away for work reasons? Is this common practise? I have already told them I will be pushing for a N244. You can ask PRA but it is unlikely they will agree.

I was also advised to apply for a redetermination within 14 days, does this mean if an agreement is made on payment that a CCJ is withdrawn? No, a redetermination changes what the judgment says you have to pay, typically from "pay it all now" to "pay £x a month". It does not remove the CCJ, you need a set aside for that. 

It may help if you can say something about this debt, what was it originally, is it unfair in some way, then we can suggest if you may have a possible defence. 

Cherryx

ManyWays said:

Cherryx said:

how likely it is I would be able to remove the CCJ which has was made against me 5 days ago. In this time frame leading up to this across August and September, I was able to make token payments and set up a payment plan on my account without anything notifying me - does this help my defence at all?  A defence gives a reason why you do not owe this money or why if you do owe the money the debt is not enforceable. The fact that you were making arrangemed payments makes it much less likely that a creditor would go to court but they still can and making these payments is not a defence. A CCJ will only be set aside if you have a possible defence.

Could I explain in my N244 that a CCJ would have a detrimental impact on me as I will likely struggle to find accommodation and may end up homeless? (I rent) The court would probably regard that as irrelevant

I also wanted to ask if its possible to get a consented N244 from the claimant, considering I can definitely prove I was away for work reasons? Is this common practise? I have already told them I will be pushing for a N244. You can ask PRA but it is unlikely they will agree.

I was also advised to apply for a redetermination within 14 days, does this mean if an agreement is made on payment that a CCJ is withdrawn? No, a redetermination changes what the judgment says you have to pay, typically from "pay it all now" to "pay £x a month". It does not remove the CCJ, you need a set aside for that. 

It may help if you can say something about this debt, what was it originally, is it unfair in some way, then we can suggest if you may have a possible defence. 

Thank you for this response, the debt was a credit card debt. I have routinely told PRA that I struggle with my mental health. I had missed payments which I agree is my own fault, but I've been under significant stress this year it's been sidelined by more pressing issues.

I am shocked that potential homelessness is considered irrelevant. Do creditors and the court not have a duty of care with dealing with vulnerable adults? A CCJ is also likely to impact me significantly with getting work as I work in an industry where you often need to hire cars/equipment and would mean I will definitely struggle to gain employment if this is on my record.

I was advised by the national debt line to also make them aware of my full situation, as currently relocated due to safety reasons from previous address due to housemates with substance abuse issues. I am in temporary housing but the long term is not feasible to stay here due to costs as was an emergency. I also am really struggling mentally with this case which I have also informed. I was diagnosed with depression and anxiety in 2018, I can also submit this in to my evidence for my N244 but again, unsure if it makes a difference. 

sourcrates

Ideally that information should have been sent prior to them taking legal action.

The way they would have dealt with this would have been totally different, but we are where we are.

The criteria for a set aside is quite rigid, although it would be down to the judge on the day as to how it pans out.

If you can afford to lose the set aside fee, then its a risk worth taking.

Cherryx

sourcrates said:

Ideally that information should have been sent prior to them taking legal action.

The way they would have dealt with this would have been totally different, but we are where we are.

The criteria for a set aside is quite rigid, although it would be down to the judge on the day as to how it pans out.

If you can afford to lose the set aside fee, then its a risk worth taking.

I was away for work and didn't even know they were pursuing a claim. Another thing, if the set aside is granted and they can put another claim in. I've read that a creditor can retract the claim depending if there's an offer of payment, either full or part but they can accept or reject. I wonder if this is my best route if I can get set aside for this CCJ. I understand PRA can't actually stop it now but if it gets set aside they may be helpful.