Kelly's Payday Loan Problem

[kellym831]

Please help I need to get a ccj set aside and don't know where to start the ccj is for £278 original loan was 150 + 1 mth int at 36 totaling 186 the other charges are 31.00 for contact 15.00 declined payment attempts 20.00 issue of default notice and a further 36.00 for another mths interest I have apparently paid 35.00 the final 25.00 is for court charge. I never received a default so asked for a copy they sent this advised it was issued by 2nd class post on the 14th may ( this is the date on top of it) the payby date is the 28th so 14 days in total given as appossed to 14 + 4 for delivery would this be a good enough reason to get ccj set aside

[themadcap]

How have you had a CCJ applied? Did you ignore notice of issue from the court? have you filed any defence? Did you accept the claim?

Please provide more details ie time frame of loan, court issue dates etc

cheers

[kellym831]

The loan was taken out in march Apparently of which I'm waiting for a bank statement to prove this coz I actually believe I took a 100 out in jan and they rolled it over for 3 mths I was upto my eyeballs in it last yr as got married and things got out of hand ccj was sent on 9th July I wasn't aware I had it until after the time scale as I was so busy n stressed at the time I threw my post to one side to prevent even more stress.... Wrong n stupid I know but have opened my eyes now and am sorting out all my debts and really need to get my ccj removed so I can get a mortgage

[kellym831]

The loan agreement which they have sent is for one mth 26/03/2010 to be paid on 22/04/2010 duration of agreement maximum 29days this agreement hadn't electronic signed name and address with a date of June 2010

[themadcap]

When you were issued with the notice it will have had a tick box - I ACCEPT ALL - I DENY ALL - I ACCEPT PART, did you tick any of these?

If you feel it was wrongly entered you can apply to the issuing court to have it removed at a cost of about £40 but this is no guarantee it will be removed.

The loan agreement which they have sent is for one mth 26/03/2010 to be paid on 22/04/2010 duration of agreement maximum 29days this agreement hadn't electronic signed name and address with a date of June 2010

[kellym831]

When you were issued with the notice it will have had a tick box - I ACCEPT ALL - I DENY ALL - I ACCEPT PART, did you tick any of these?

If you feel it was wrongly entered you can apply to the issuing court to have it removed at a cost of about £40 but this is no guarantee it will be removed.

 

I didnt tick any I didn't even know I had Form until it was to late so didn't return it or acknowledge it if I was to complete a n244 on the basis of disputing part charges and an incorrect default notice would it be set aside on this basis

[caro]

Posts moved to a new thread.

[kellym831]

I didnt tick any I didn't even know I had Form until it was to late so didn't return it or acknowledge it if I was to complete a n244 on the basis of disputing part charges and an incorrect default notice would it be set aside on this basis

Bump

[caro]

If you want the judgement set aside you will need to apply using an N244, and if that's allowed then the original claim will be re-instated and you'll have the opportunity to fight it.

[kellym831]

If you want the judgement set aside you will need to apply using an N244, and if that's allowed then the original claim will be re-instated and you'll have the opportunity to fight it.

Thanks Cairo but would the fact that the default notice was issued incorrectly and the fact I dispute part of the charges be enough to set this aside if so how would I word it to include legal jargon

[caro]

A set aside application is just to get the judgment set aside. If that happens then the claim is re-instated, and then the case would be heard and you would put in your defence along the lines of what you've said here.

 

If you received all the paperwork to do with the case you'll need to say why you didn't deal with it at the time. If you didn't get it that should be a good enough reason to give you another chance to deal with it.

 

All this could be quite risky because if you lose you might have costs awarded against you.

 

I'm wondering if you might be better off simply claiming back your charges, including removal of the default. This would be a small claim which means you each cover your costs, but removal of defaults is not easy. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?72-Data-Protection-and-Default-Issues

[dx100uk]

knock up a SOC to reclaim the charges and compound them at their int rate too

put that inyour court pack/poc

 

i eould not argue too much on the dn issue though, point it out, but most dn issues are now irrelevent thanks to the likes of rankines judgement

 

from another thread:

Yes you can set aside

a CCJ and counterclaim for charges.

You can issue a counter-claim by completing the counterclaim section of Defence Form (N9B) if you think you are owed money by the claimant that could offset some or all of the claim and

don't forget the interest

also.

dx