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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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Help with N244 form - set aside CCJ

Customer Question

Help with N244 form - set aside CCJ
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
i have alimited company and i forget to paid a fee to the company house i was late my accountant didn't filling up the company report to company house and they charge me for the fee , it was 2012 , then by the time the company house send it a debt solicitor firm for non payment and they add a CCJ into my company i want to set aside the case , and i want the CCj to be remove
Expert:  Jo C. replied 1 year ago.
OK.
on what basis?
You don't seem to deny receiving it? Or do you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
i want to dispute the claim
Customer: replied 1 year ago.
yes you right i dont denied it at all ,
Expert:  Jo C. replied 1 year ago.
OK. But why didn't you respond to the summons?
Customer: replied 1 year ago.
no i left my accountant deals with it not me i wasnt here so i take full responsibility
Customer: replied 1 year ago.
i thng itwa sat first £500 fine then after it show £3,9k
Expert:  Jo C. replied 1 year ago.
Ok. Are you by the phone now?
Customer: replied 1 year ago.
want i want a set aside and i want the CCJ to be remove and then we discuss the payment i need more time to paid the fine
Customer: replied 1 year ago.
yes
Expert:  Jo C. replied 1 year ago.
The problem that you have here is that there are just no grounds. I don't know whether there are any other grounds that you are not mentioning here?If you dispute the amount then you can apply for redetermination of the sum and you should seek a variation order to pay in instalments.If your issue is that the was the fault of your accounts then that is fine and probably right but it doesn't provide you with a defence from companies house. What you could do is sue your accounts in negligence to recover but that doesn't deal with the CCJ.
Expert:  Jo C. replied 1 year ago.
I can phone now?
Customer: replied 1 year ago.
ok go ahead
Expert:  Jo C. replied 1 year ago.
All the best.
Customer: replied 1 year ago.
hi i called them , and they told me its up to the company house who own the money there is longer to the hand of debt solicitor
i must filling the form N244 and ask for set aside i must paid £150 for the court fee so i need help to filling the form
thank you
Expert:  Jo C. replied 1 year ago.
Who did you call?
Customer: replied 1 year ago.
Thank you for your enquiry, please find the judgment on this case attached and case details below.
Case details;1. THE DEFENDANT IS REQUIRED PURSUANT TO S441(1) OF THE COMPANIES ACT 2006 (THE ACT) TO DELIVER TO THE CLAIMANT A COPY OF ITS ANNUAL ACCOUNTS FOR EACH FINANCIAL YEAR. FURTHER, UNLESS THE DEFENDANT FALLS WITHIN THE EXEMPTIONS LAID DOWN IN SECTION 480(1) A DIRECTOR'S REPORT AND AUDITOR'S REPORT ON THOSE ACCOUNTS IS REQUIRED. 2. THE DEFENDANT FAILED TO DELIVER THE DOCUMENTS SPECIFIED IN PARAGRAPH 1 HEREOF IN ACCORDANCE WITH THE PROVISIONS OF SECTION 442 OF THE ACT AND IS THEREFORE LIABLE TO A CIVIL PENALTY PURSUANT TO SECTION 453 OF THE ACT AS SET OUT IN SI 2008/497. PARTICULARS OF THE PENALTIES LEVIED AGAINST THE DEFENDANT ARE AS FOLLOWS:- ACCNTS DATE DUE DATE FILING DATE PENALTY 30-APR-11 31-JAN-12 16-MAR-13 3000.00 30-APR-12 31-JAN-13 19-MAR-13 750.00 3. THERE REMAINS A BALANCE OF 3750.00 DUE AND OWING AND THE CLAIMANT CLAIMS THAT SUM.
Please see below for options regarding the Judgment that has been entered against you.
Expert:  Jo C. replied 1 year ago.
OK.
So who did you call?
Customer: replied 1 year ago.
first the court then the company house and then the court again they told me set aside form N244
Customer: replied 1 year ago.
and i called the debt solicitor they told we are no longer dealing with your case its goes back to the company house
Customer: replied 1 year ago.
i want to get ride of the CCJ , i dont want the CCJ show into my account
Expert:  Jo C. replied 1 year ago.
And what was their answer to the question of whether this has been handed to bailiffs? That was what you were going to ask the court
Customer: replied 1 year ago.
there was no bailiffs , first why the amount is too hight it was my proviso accountant who deal with my account I have no idea about any paper and the second i need more time to paid and i want to be taking CCJ from my credit report
Customer: replied 1 year ago.
the CCJ should be remove untill i found guilty not paid yet that why Im taking to the court for set aside to hear my side of story , can you filling the form
Expert:  Jo C. replied 1 year ago.
Yes, I understand all of that.
But you were going to ask the court whether this has been passed to bailiffs. What was their answer to that?
Customer: replied 1 year ago.
not yet no bailiff yet
Expert:  Jo C. replied 1 year ago.
No, I understand you have not seen bailiffs.
But did the court say the matter had been handed to them? I would be surprised if they had not.
Customer: replied 1 year ago.
no the court told me its for solicitor then when i called them they told me it has handed back to the company house again nothing to do with us
Expert:  Jo C. replied 1 year ago.
No, it isn't anything to do with the court now but that isn't the enquiry you were going to make.
The position hasn't really changed. You do owe the money so you cannot remove the CCJ.
You can apply for redetermination of the amount. Or you can repay it and get it marked satisfied. Or you can pay and sue the accountants that put you in this position.
Customer: replied 1 year ago.
To the Defendant
You have not replied to the claim form.
It is therefore ordered that you must pay the claimant £3,750.00 for debt (and interest to date of judgment) and £187.00 for costs .
Expert:  Jo C. replied 1 year ago.
Yes, you mentioned that above.
Customer: replied 1 year ago.
(( its all court paper sent to me via email it doesn't show the baillif at all ))
Information on submitting an N244 Application to set Judgment aside
If you have a ‘joint judgment’, you can complete one set of forms provided that you reside at the same address. Include both of your names on the application form and ensure that you both sign the form.
Complete form N244 as follows:
 Quote your Claim number in the relevant box on the top right of the N244.
 In questions 1 and 2 clarify who you are and how you are related to the
claim e.g. Defendant, Solicitor etc...
 In question 3 write that the order you are seeking is to ‘Set Judgment Aside’ and
provide a reason for disputing the Judgment that has been recorded.
 It is not necessary to complete questions 4 – 9
 In question 10 clarify what evidence you wish to rely on in support of your
application, if necessary providing any further details in the box provided.
 Sign the statement of truth in section 10.
 The applicant must sign the application in section 11; third party signatures
are not accepted.
If you do not comply with the above the application will be returned to you.
What happens next?
Once you have paid the fee, or the fee has been remitted, as you are an individual
your case will be transferred to your local County Court Hearing Centre. A hearing will then be listed for your application to be heard.
Customer: replied 1 year ago.
and the form N245 with it but its not my concernApplication for suspension of a warrant and/or variation of an order
Expert:  Jo C. replied 1 year ago.
Yes, and as I have said, I'm afraid you do not have grounds.
I suppose nobody can stop you applying but you are not describing any grounds to set aside a stat dec as there was a claim and you did receive the summons.
Customer: replied 1 year ago.
if i apply for set aside it will show in my credit report that the case is set aside for now right
Customer: replied 1 year ago.
i know i will paid of course but i need more time
Expert:  Jo C. replied 1 year ago.
Yes, it will still show as it is still a CCJ.
if you need more time then apply for a variation order to pay in instalments.
Customer: replied 1 year ago.
okay set aside not worth it right
Customer: replied 1 year ago.
if i ask set aside it will show the the case is set aside with CCJ right
Expert:  Jo C. replied 1 year ago.
Yes, but you can have it marked satisfied which does improve things.
Customer: replied 1 year ago.
ok thats great that im looking for can you help me with the form
Expert:  Jo C. replied 1 year ago.
To make what application?
Customer: replied 1 year ago.
the set aside form what shall i write in it , i cant give themn blank and i paid for ? i must write something
Expert:  Jo C. replied 1 year ago.
No, but I thought we established that there were no grounds to do that?
Customer: replied 1 year ago.
ok good bye
Expert:  Jo C. replied 1 year ago.
Best of luck

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