County court hearing

[rgally64]

Hiya folks can any one point me in the right direction I have a county court hearing come out of the blue for next Thursday 15th sept
I asked for the original judgment to be set aside by paying a fee and filling a n244 form in and also a letter asking the dca for proof of debt and interest and to disclose how much they brought the alleged debt for it was a couple of months ago now and I hadn't heard a thing till yesterday don't know what to do or say
Haven't sent a cpr31 request or a Cca request is it too late to do that / do I need to do it at this stage any guideance would be much appreciated many thanks rob

[Pixie]

Re: County court hearing

Hiya folks can any one point me in the right direction I have a county court hearing come out of the blue for next Thursday 15th sept
I asked for the original judgment to be set aside by paying a fee and filling a n244 form in and also a letter asking the dca for proof of debt and interest and to disclose how much they brought the alleged debt for it was a couple of months ago now and I hadn't heard a thing till yesterday don't know what to do or say
Haven't sent a cpr31 request or a Cca request is it too late to do that / do I need to do it at this stage any guideance would be much appreciated many thanks rob

Hi rob and welcome to AAD.

The part I've highlighted in your post is pointless as they won't tell you and it doesn't have any bearing on your liability for the debt.

When was the original judgement and what reasons have you given for it to be set aside? This hearing will be for you to state your case for the judgement to be set aside.

I think we need more information on the history of this.

I'll also flag it up so that you'll probably get a reply from someone who's more legal-minded.

[BuzzyBee]

Re: County court hearing

Hiya folks can any one point me in the right direction I have a county court hearing come out of the blue for next Thursday 15th sept
I asked for the original judgment to be set aside by paying a fee and filling a n244 form in and also a letter asking the dca for proof of debt and interest and to disclose how much they brought the alleged debt for it was a couple of months ago now and I hadn't heard a thing till yesterday don't know what to do or say
Haven't sent a cpr31 request or a Cca request is it too late to do that / do I need to do it at this stage any guideance would be much appreciated many thanks rob

Set aside applications are usually dealt with at a hearing so you should have expected to have to attend one when you filed your N244. To decide whether the judgment should be set aside, the court will consider things like:

• When was the judgment obtained?
• What happened to the original claim that led to the default judgment?
• Was it sent to an old address? If so, did the creditor have your current address?
• Did you file a draft defence when you did your N244?
• If you receieved a claim for this account today, would you have a defence to it?
• Could it have been statute barred when the claim? When did you last make a payment to anyone dealing with this account?
• When did you default/stop paying it?
• Did you ever send a CCA request or dispute this account?
• What sort of account was it? Credit card, loan, overdraft, mobile contract?
• When did you set up the account?
• Who is the creditor that obtained judgment against you?

As you can see, any guidance would depend on the answers to questions like these.

For the sake of £1 + postage, you could send a CCA request but:

1. They can say they don't need to comply because the account is subject to a judgment; and
2. The law gives them 12 working days + 2 for service to comply and your hearing is next Thursday.

[Never-In-Doubt]

Re: County court hearing

Hi - would you like me to ask our solicitor to assist you? If so please email me your email address and contact phone number with your username to AAD in the subject line. I'll then ask Jo to get in touch and try to help.

My email address is below in my signature.

[rgally64]

Re: County court hearing

Hi yes please I would be gratrful if you could ask the solicitor many
Thanks my email {REMOVED BY ADMIN}

[Never-In-Doubt]

Re: County court hearing

Please send me an email as requested.

[rgally64]

Re: County court hearing

Hiya I think I have sent two emails from my phone don't know if they've gone to the right place sent it to web master (niddy) is that you
Many thanks rob

[Never-In-Doubt]

Re: County court hearing

I've replied and just copying to solicitor now. Sit tight.

[PlanB]

Re: County court hearing

I have a county court hearing come out of the blue for next Thursday 15th sept
I asked for the original judgment to be set aside by paying a fee and filling a n244 form in

Have you filed a Witness Statement in relation to this hearing?

Did you file a Draft Defence with your application?

Who is the Claimant and who are the solicitors (if any are instructed)?

How much is the CCJ you are seeking to set-aside?

What reason did you give the court (such as incorrect service address) for the set-aside?

When you filed your N244 did you request a hearing or did you tick the box for a paper hearing?

Have you previously asked the Claimant to consent to the set-aside to avoid a hearing?

Plan B x

[rgally64]

Re: County court hearing

Hiya hoist portfolio 2 holding Ltd and their solicitors are Cohen's I originally sent acknowledgment of service but didn't send defence off in time so I had a default judgment against me however I applied to the court to have judgment set aside with an n244 and sent a defence letter asking them to prove the debt and asking for accounting for the interest I didn't tick the hearing box but I've got a hearing anyway
Many thanks

[rgally64]

Re: County court hearing

And I didn't realise I could of asked claimant for consent to set aside to avoid hearing many thanks

[PlanB]

Re: County court hearing

hoist portfolio 2 holding Ltd and their solicitors are Cohen's I originally sent acknowledgment of service but didn't send defence off in time so I had a default judgment against me however I applied to the court to have judgment set aside with an n244 and sent a defence letter asking them to prove the debt and asking for accounting for the interest I didn't tick the hearing box but I've got a hearing anyway

Does this mean the claim was issued to the correct address but you failed to file your Defence by the court deadline? (I think that's what you're saying.)

Why did you miss the filing date?

Did you receive any letters from Howard Cohen (or possibly Robinson Way who is Hoist's DCA) implying that you could have an extension of time to file your Defence? (I doubt it but worth checking.)

If you didn't tick the hearing box but you've been given a hearing it may be that the court has decided to have one of its own volition to clarify things.

What fee did you pay with your N244 application? Was it £255 for an oral hearing or £100 for a paper hearing? Or did you qualify for fee remission?

Plan B x

[PlanB]

Re: County court hearing

I didn't realise I could of asked claimant for consent to set aside to avoid hearing

Don't do that until everything has been clarified.

A lot will depend on the amount of the claim, the strength of the Claimant's case, the strength of your (potential) Defence if a set-aside is granted etc. These are the things which will motivate the other party to consent to a set-aside or not.

At the moment they have their CCJ and if it's over £1k and you are a homeowner (are you?) they can seek to enforce it by way of a Charging Order.

Sadly as you are a Litigant in Person the Claimant may feel no need to consent to anything.

How much is the CCJ and were you also ordered to pay HC's costs?

Plan B x

[rgally64]

Re: County court hearing

Hi no I haven't had any letters from hoist or Cohen's I paid Over 200 pounds with n244 and I am not a home owner the original said debt was 7-5 k but they've added interest and charges and hiked it up to nearly 11k Many thanks

[PlanB]

Re: County court hearing

said debt was 7-5 k but they've added interest and charges and hiked it up to nearly 11k

So that means this claim would have been allocated to the Fast Track if you hadn't got the Default Judgment.

Who was the original creditor?

Plan B x