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  • FIRST POST
    • sweetjudy21
    • By sweetjudy21 16th Mar 17, 6:56 PM
    • 12Posts
    • 2Thanks
    sweetjudy21
    appealing against a CCJ
    • #1
    • 16th Mar 17, 6:56 PM
    appealing against a CCJ 16th Mar 17 at 6:56 PM
    So Lowell decided to take me to court for an alleged debt

    They failed to provide proof of ownership of debt, how they came to the amount claimed etc etc and judgement was made to stay the case.

    I filled out an N244 form asking for a strike out of the case

    Unfortunately heres where it all goes wrong. The court gave a hearing date which fell during my holiday abroad. Cancelling the holiday would have cost more than the claim so that wasnt an option.
    I explained to the court that I would be away on holiday on the date given and they advised me to write to the court explaining why I cant attend and a new date would be given

    I did this and then asked if they needed anything else from me before I left, the answer was no

    Funnilly enough on holiday where I had extremely limited internet access and no access to a computer, I received a message from the court saying the judge required proof that I was out of the country. I had no way of photocopying or scanning my documents to send to the court so was unable to comply with this.

    On return to the UK I now have a CCJ, even though the claimant didnt prove ownership of the debt or how they came to the amount being claimed.

    I have today filled out a N244 form asking for the judgement to be set aside along with copies of my travel documents, receipts from supermarkets etc proving I was out of the country on the dates.

    What happens if the judge doesnt set the judgement aside? I want to appeal the judgement which was made March 8th but I dont know the time frame for doing this or even if I can do this while I have asked for it to be set aside?

    Would really appreciate help as If I was able to attend the hearing it would have been struck out, I feel really screwed over by the court. FYI they STILL havnt told me anything about the case or notified me of the decision I have only been made aware of the result today by the claimant demanding money !
Page 1
    • matttye
    • By matttye 16th Mar 17, 9:57 PM
    • 4,728 Posts
    • 2,987 Thanks
    matttye
    • #2
    • 16th Mar 17, 9:57 PM
    • #2
    • 16th Mar 17, 9:57 PM
    If you have a realistic prospect of defending the claim it's likely the judge will set it aside.

    If the judge feels you have no realistic prospect then they more than likely won't.
    What will your verse be?

    R.I.P Robin Williams.
    • Arleen
    • By Arleen 17th Mar 17, 2:00 AM
    • 1,150 Posts
    • 863 Thanks
    Arleen
    • #3
    • 17th Mar 17, 2:00 AM
    • #3
    • 17th Mar 17, 2:00 AM
    As you've filled the form and it's out there now all you can do is wait and see. Stressing about it is not going to help.

    While you should have filled the evidence with your explanation, you are a lay person, and this most likely will not be held against you, although you may be skewered on were you unable to provide the evidence when abroad. In the end, if you want it, you can find internet access and someone with a cell phone, or some rugged internet cafe in most parts of the world, just that it may require some effort.
    So the likely outcome is that the CCJ will be struck and if they want to pursue it, claimants will have to file against you again. In the unlikely course that the set aside is not granted then in practical terms, you are out of steam. While you could try to appeal Judge's decision, if granted, it would cost a small fortune to go that way.
  • National Debtline
    • #4
    • 17th Mar 17, 1:54 PM
    • #4
    • 17th Mar 17, 1:54 PM
    Hi sweetjudy,


    It may be worth considering some legal advice at this stage. Just to clarify, for other potential posters, did you apply to strike out the claim in response to the original forms or had they already got a CCJ when you made that application? Were any costs added for missing the hearing?


    I am afraid we don't have much experience with strike out applications, but for a set aside application the court will normally consider, how long it has taken you to apply to set aside (were you prompt), why you didn't reply to the original claim forms, and whether or not you have a realistic prospect of a defence. If you are successful a set aside takes the judgement back to the beginning and the claimant could reissue the claim forms.


    This does sounds as though it is quite a complicated situation, so some one to one advice from a free debt charity and maybe even some legal advice could be worth considering at this stage.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • sweetjudy21
    • By sweetjudy21 18th Mar 17, 2:51 PM
    • 12 Posts
    • 2 Thanks
    sweetjudy21
    • #5
    • 18th Mar 17, 2:51 PM
    • #5
    • 18th Mar 17, 2:51 PM
    Hi sweetjudy,


    It may be worth considering some legal advice at this stage. Just to clarify, for other potential posters, did you apply to strike out the claim in response to the original forms or had they already got a CCJ when you made that application? Were any costs added for missing the hearing?


    I am afraid we don't have much experience with strike out applications, but for a set aside application the court will normally consider, how long it has taken you to apply to set aside (were you prompt), why you didn't reply to the original claim forms, and whether or not you have a realistic prospect of a defence. If you are successful a set aside takes the judgement back to the beginning and the claimant could reissue the claim forms.


    This does sounds as though it is quite a complicated situation, so some one to one advice from a free debt charity and maybe even some legal advice could be worth considering at this stage.


    Laura
    @natdebtline
    Originally posted by National Debtline


    Hi Laura

    I applied for the strike out case because they original court (Northampton) who were hearing the case ordered for it to be stayed because the claimant didnt provide the necessary proof of ownership, statements of account etc

    I saw the opportunity then to ask for it to be struck out as the claimant had insufficient evidence to pursue the claim.

    I asked for it do be done without a hearing, but the judge decided it needed a hearing.As far as I was aware the hearing was to determine whether the case could be struck out or whether it should remain stayed.I wasnt aware that being on holiday would result in judgement being made against me.
    I am really angry at the court as I have proof that I asked prior to my departure what was required of me and complied with the courts request (incorrect info from the court clerks)
    • sweetjudy21
    • By sweetjudy21 24th Mar 17, 11:05 AM
    • 12 Posts
    • 2 Thanks
    sweetjudy21
    • #6
    • 24th Mar 17, 11:05 AM
    • #6
    • 24th Mar 17, 11:05 AM
    a quick update for the thread

    my request to set aside the judgement has been accepted and a new date set in a weeks time

    looking forward to it
    • ThePerfumedCat
    • By ThePerfumedCat 24th Mar 18, 12:59 AM
    • 2 Posts
    • 0 Thanks
    ThePerfumedCat
    • #7
    • 24th Mar 18, 12:59 AM
    • #7
    • 24th Mar 18, 12:59 AM
    Hi sweetjudy. Believe it or not, I am in exactly the same position with Lowell! I had a court hearing against Lowell and they sent a local representative who was useless and they had no proof of ownership of the debt. Despite that, and despite the fact that their rep got a lot of information wrong and had no knowledge herself of the case (she hadn't been briefed at all), the judge ‘ummed’ and ‘ahhed’ for ages, and finally said, 'on the balance of probabilities' that he believed I owed the debt! With no evidence beyond a screen shot that proved nothing and anyone could have manufactured! He stated that I had not shown that I “did not” owe the debt! By this logic, I could take my neighbour to court and say he owed me £1million with no evidence. Even the Lowell representative was surprised – you could see she didn’t think she would win the case.

    I appealed immediately and I have got a new hearing date on 23 May and it states that 'the other party need not attend'. I'm guessing this means Lowell?

    Also the letter (which I only received today) says that I need to provide the court with a transcript of the hearing. I took notes but not verbatim, so I am going to ring the court on Monday to ask what this means.


    Any help anyone can give me or any advice or comments are gratefully received!

    Sweetjudy, please could you let me know how you get on? If possible, I would really like to have a phone conversation with you (being a bit cheeky now) because your case may or will set a precedent which (with your permission) I could quote? If you are happy to have a phone conversation about your position, I'm sure there is a way that we can swop phone numbers without having to put the details on here!

    All advice welcome!! Thank you all so much in advance.
    • sourcrates
    • By sourcrates 24th Mar 18, 1:12 PM
    • 13,987 Posts
    • 13,253 Thanks
    sourcrates
    • #8
    • 24th Mar 18, 1:12 PM
    • #8
    • 24th Mar 18, 1:12 PM
    Hi sweetjudy. Believe it or not, I am in exactly the same position with Lowell! I had a court hearing against Lowell and they sent a local representative who was useless and they had no proof of ownership of the debt. Despite that, and despite the fact that their rep got a lot of information wrong and had no knowledge herself of the case (she hadn't been briefed at all), the judge !!!8216;ummed!!!8217; and !!!8216;ahhed!!!8217; for ages, and finally said, 'on the balance of probabilities' that he believed I owed the debt! With no evidence beyond a screen shot that proved nothing and anyone could have manufactured! He stated that I had not shown that I !!!8220;did not!!!8221; owe the debt! By this logic, I could take my neighbour to court and say he owed me £1million with no evidence. Even the Lowell representative was surprised !!!8211; you could see she didn!!!8217;t think she would win the case.

    I appealed immediately and I have got a new hearing date on 23 May and it states that 'the other party need not attend'. I'm guessing this means Lowell?

    Also the letter (which I only received today) says that I need to provide the court with a transcript of the hearing. I took notes but not verbatim, so I am going to ring the court on Monday to ask what this means.


    Any help anyone can give me or any advice or comments are gratefully received!

    Sweetjudy, please could you let me know how you get on? If possible, I would really like to have a phone conversation with you (being a bit cheeky now) because your case may or will set a precedent which (with your permission) I could quote? If you are happy to have a phone conversation about your position, I'm sure there is a way that we can swop phone numbers without having to put the details on here!

    All advice welcome!! Thank you all so much in advance.
    Originally posted by ThePerfumedCat
    Hi,

    Legal Beagles may be the place to ask advice on this.

    Lowell feature prominently on there.

    Unfortunately sometime you get a clueless judge.

    http://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim
    Last edited by sourcrates; 24-03-2018 at 1:15 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • ThePerfumedCat
    • By ThePerfumedCat 31st Mar 18, 10:57 PM
    • 2 Posts
    • 0 Thanks
    ThePerfumedCat
    • #9
    • 31st Mar 18, 10:57 PM
    • #9
    • 31st Mar 18, 10:57 PM
    Thanks so much sourcrates!!
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