help with N244 for a set aside request as now got a ccj

[crazymaz]

Hello

ive had to reset me up again was formally on here and lost my info sorry cooter

anyway if i say im maz niddy will just scream at the screen i know and i fully apologise for my absense and for burying my head - others reading this pls dont! listen to niddy and the gang

***
deep breath

i tried to stay focused and now link have got a ccj, as i had acknowledged the claim online and also sent them my CPR31.14 letter

link didnt respond within 7 days, i tried to get a verbal extension and again on the following day but the following day was the last day of my defense,

i called link,,,, and advised them that i was looking at an extension as they had not responded to my cpr letter, which was verbally advised that they had called the court and asked for the claim to be stayed and would be organising info requested to be sent to me, but couldnt give a date

i faxed the court with this verbal agreement and asked them to not process any judgement

- link asked for judgement on the following day - thus i never put in any defense as i thought id got an agreement with link and also faxed the court

now the court has sent info and included the n244 form to for me to complete and this is where im a bit stuck, tried to see if i could put in the info but its the reasons and i can include copy of the fax no problems and pay the fee 75.00 i understand, but do i have a chance of a set aside pls

all your help appreciated - its about a couple of weeks judement was confirmed of course this was via northampton court

thanks
stars ;D

[Never-In-Doubt]

Re: help with N244 for a set aside request as now got a ccj

Hi Maz - will come back later! Just thought i'd let you know i've changed the post to show it is from you and not stars!

Niddy gh

[crazymaz]

Re: help with N244 for a set aside request as now got a ccj

Hi Maz - will come back later! Just thought i'd let you know i've changed the post to show it is from you and not stars!

Niddy gh

Thank you niddy, im back logged in fine again

huge thanks

hope i can get some help soon to complete this n244 cheers maz

[toddle2u]

Re: help with N244 for a set aside request as now got a ccj

I would say that you have every chance of getting it set aside. You are a litigant in person and were told by Link (if i've interpreted it correctly) that they would contact the court and ask for a stay. Not surprisingly they didn't. You also have a copy of the fax that you sent to the court and thought this would be sufficient to get a stay. You were just ignorant of the procedures and did not know what to do. You will also need to demonstrate to the court that you have a case with a 'triable' issue as to why the CCJ should not have been issued. i.e if it went to trial would you stand a chance of winning. I do not know the details of your defence so can't really comment on this bit.

What parts of the N244 are you struggling with?

[crazymaz]

Re: help with N244 for a set aside request as now got a ccj

I would say that you have every chance of getting it set aside. You are a litigant in person and were told by Link (if i've interpreted it correctly) that they would contact the court and ask for a stay. Not surprisingly they didn't. You also have a copy of the fax that you sent to the court and thought this would be sufficient to get a stay. You were just ignorant of the procedures and did not know what to do. You will also need to demonstrate to the court that you have a case with a 'triable' issue as to why the CCJ should not have been issued. i.e if it went to trial would you stand a chance of winning. I do not know the details of your defence so can't really comment on this bit.

What parts of the N244 are you struggling with?

hiya toddle2u

many thanks for your reply, i have no defense as yet as link told me that they would get someone in their team to work on getting me my Requested info from my CPR31.14 letter sent to them that they didnt reply back to me in writing or tell me they needed more time but having spoken with them they assured me that i would rec the info ie cca, defatult, noa etc so i could prepare my defense, hence its the whole wording of what i need to put into the n244 is where im stuck at cheers maz

[crazymaz]

Re: help with N244 for a set aside request as now got a ccj

Also
i understand have to include everything i did - what claimants advised me on the phone and still nothing in the post to my cpr31.14 letter but have had other info ie payment request- should include everything on the N244 shouldnt i, stating i was unable to put in any defense as claimant had advised me that they had asked the court to stay the claim until i had received their info to prepare my defense,
but they sneekinly got the judgement soon after my defense was due.

should i state - So in the best interests of justice i request that the judgement is set aside and for me to receive the documents promised and then be allowed for me to present my defense?

this is where im thinking , i guess hindsight i should not have believed them and got my n244 in requesting the court to order them to provide the cpr31.14 paperwork and until they did i was protected for any judgement being made - but i got confused with it all and the phone calls made assured me that link were being honest with me and no info received i no longer believe that now - big lesson learnt!¬!!!!!

what do you know think? above okay as such to enter on the n244?

and need help in doing the witness statement and i can include the faxed letter and all the letter rec from them and the court, and copies of my phone calls register proving i did make theose calls to them which ive stated on my letter to the court

cheers maz

[Never-In-Doubt]

Re: help with N244 for a set aside request as now got a ccj

Hi Maz

Read my latest post (the sticky) from the legal section index page.

Niddy.

[crazymaz]

Re: help with N244 for a set aside request as now got a ccj

Thank you very much Niddy

understand totally and yes i will go to legal beagles but will read what you have suggested too

feel so much more empowered now thank you

maz

[toddle2u]

Re: help with N244 for a set aside request as now got a ccj

Yes read the sticky it offers good advice. Need anymore suppport just ask

[Never-In-Doubt]

Re: help with N244 for a set aside request as now got a ccj

Maz, weren't you getting help on legal beagles? I thought you were advised by the knowlegeable ones there to drop it? You realise if you get a costs order this debt could grow and grow?

I know link fooked up but if anything, read what's happening in billypre case, this is how i'd deal with it. Simply complaining about the event to various bodies, however you fell for the biggest clanger ever - you rung them and they 'got you'. Now you know why we NEVER ring. You should have submitted an embarrassed defence and went to court. Taking verbal notice is silly, and nonsense (sorry)!

Maz, withthebest will in the world - walk away. Seriously, walk away.

[crazymaz]

Re: help with N244 for a set aside request as now got a ccj

Maz, weren't you getting help on legal beagles? I thought you were advised by the knowlegeable ones there to drop it? You realise if you get a costs order this debt could grow and grow?

I know link fooked up but if anything, read what's happening in billypre case, this is how i'd deal with it. Simply complaining about the event to various bodies, however you fell for the biggest clanger ever - you rung them and they 'got you'. Now you know why we NEVER ring. You should have submitted an embarrassed defence and went to court. Taking verbal notice is silly, and nonsense (sorry)!

Maz, withthebest will in the world - walk away. Seriously, walk away.

hiya niddy

thank you for replying yes, since it was a legal i admit i asked cag for help and whether i misunderstood or didnt put my info across right, it was pointed out to me to ring them to ask for an extension for them to reply to my cpr request and thats where i think i got it wrong, which they agreed on the phone - i faxed the court, i didnt put in a n emba defense as it was also stated if i did i would get costs against me - so what type of costs would i get if id ddo the set aside? cheers as confused as ever maz have asked legal beagles on my thread for a bit more info re the costs, cheers

[crazymaz]

Re: help with N244 for a set aside request as now got a ccj

hiya niddy

further to my prev post, i cant find the thread for billypre where you had said to see what was happening to them, if you can link it for me i would love to read up about it all,

cheers maz

[Never-In-Doubt]

Re: help with N244 for a set aside request as now got a ccj

hiya niddy

further to my prev post, i cant find the thread for billypre where you had said to see what was happening to them, if you can link it for me i would love to read up about it all,

cheers maz

Hiya - see here: ---> viewtopic.php?f=59&t=853