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Jamie-Law
Jamie-Law, Solicitor
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On the 12th October I was made aware of a CCJ that had been

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On the 12th October I was made aware of a CCJ that had been lodged against me on the 24th June. It has been lodged on the grounds of email, which the claimant is stating is 'my personal guarantee' to repay the fee for liquidating my husbands business back in 2013.
I am in the Financial Services industry and can't have a CCJ against me for the next 6 years, even if satisfied with notice of correction is placed on my file - this isn't warranted on me. I would like to complete a N244 form to request the judgement be set aside, on the ground below as well as requesting a stay of execution is temporarily granted to stop enforcement action whilst I defend this:
*I was only made aware of the judgement on the 12th October in the email attachment content & after checking my credit file
*If the judgement was issued, it was issued in my absence to a previous address and therefore never received by myself;
*I had no obligation to inform the liquidators of my address change as I was not named as having anything to do with XXX Ltd or its liquidation
*Had I have received the claim forms I would have had an opportunity to submit a defence for this debt
*I have never entered into a signed agreement for the debts of XXX Ltd or the signed instruction to liquidate the Company
*I question the validity for making me personally liable for this
*Debt and action should be registered with XXXXXXXX, not against me
Here is the email wording they are claiming is my 'personal guarantee':
To make sure we are both working from the same set of assumptions, please could you confirm my understanding of our agreement to be correct:
Whereby I accept the overall and final commitment to pay your fixed price fee of £6000 is ultimately ours, you will however, do whatever you can to obtain the remaining balance of £4,800 from any positive outcome following the investigations you conduct after XXX Ltd is liquidated. These investigations will be around the affairs conducted of the liquidated company, payment of dividends to a non-shareholder, who was also acting in the capacity of a 'Shadow Director' whilst at the same time being disqualified at Companies House.
Should your investigations not prove successful and at some point in the future you wish to cease acting in this capacity, or the cost of your disbursements exceed what you deem to be acceptable then we will agree to make separate alternative arrangements to pay the remainder of your unpaid balance noted above.
Please could you confirm this is your understanding.
Could I have an idea, from you:
1. If this get heard in court would I likely win the case to have the judgement set aside?
2. If I loose, the amount of this is now £5010 - what are my possible costs likely to be.....will I also be liable for any claimant claim of costs against me?
Regards
Amanda
Submitted: 9 months ago.
Category: Law
Expert:  Jamie-Law replied 9 months ago.

Hello Amanda my name is ***** ***** I will help you with this.

Just to be clear, there is ALREADY a County Court Judgment?

Customer: replied 9 months ago.
the CCJ has been lodged with Northampton
Expert:  Jamie-Law replied 9 months ago.

In order to set aside you need to complete form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

There is also a Court fee of £255 to pay.

The Court will list the matter for hearing and decide whether to set aside Judgment. But in order to do that you need to show that you have some defence to the claim. If you admit the claim then you cant set it side.

But you need to show that you have some defence. The Court will not explore the defence at Court as it will not be a trial but will just need to be satisfied that there is some defence that you have.

If you lose the application costs are likely to be around £1000.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
In my initial note to you I bulleted the reasons why I felt the CCJ should be set aside, my defence as you put it.I was only made aware of the judgement on the 12th October in the email attachment content & after checking my credit file
*If the judgement was issued, it was issued in my absence to a previous address and therefore never received by myself;
*I had no obligation to inform the liquidators of my address change as I was not named as having anything to do with XXX Ltd or its liquidation
*Had I have received the claim forms I would have had an opportunity to submit a defence for this debt
*I have never entered into a signed agreement for the debts of XXX Ltd or the signed instruction to liquidate the Company
*I question the validity for making me personally liable for this
*Debt and action should be registered with XXXXXXXX, not against meThe reason the claimant has lodged this on me; is due to the 'personal guarantee' they claim they have, I provided you with the wording, again in my initial note to Just Answer.
Expert:  Jamie-Law replied 9 months ago.

If it was a previous address then that is a valid defence.

If you did not enter an agreement then that is not a valid defence.

As such if you make the application I think you will be successful.

So yes, you appear to have a valid defence.

Does that clarify?

Customer: replied 9 months ago.
Sorry no it doesn't satisfy, yet.
The last address they had and issued the judgement to was one that I haven't lived in for over 2 years. I, not having any agreement with them, didn't need to notify them of where I was living, So when they started issuing the 'threatening' letters (via email) to state a judgement would be lodged against me and my husband no request was made to ask for our address - just demands to make payment.
Of course as these things aren't ever simple - there is so much more to this than just the CCJ. In my husbands opinion they haven't dealt with his liquidation fairly - but this is a matter we will take up separately.What of the details I have provided do you think is my best defence?
How does the email/personal guarantee read - could this be reason enough to state I am responsible for their liquidation fee?
Expert:  Jamie-Law replied 9 months ago.

Sure.

1. You did not have an agreement with you.

2. There has not been good service of the CCJ

3. You never signed a CCJ

If you are liable, you would be liable for their liquidation fee yes.

Does that clarify?

Customer: replied 9 months ago.
my defence on the N244 is hinged on their lack of communication and provision for me to defend the CCJ rather than the 'personal guarantee' - which do I read from your comment DOES give the intention I will pay?
Just checking also your point 1 above - do you mean: You did not have an agreement with THEM?
Expert:  Jamie-Law replied 9 months ago.

You have a defence - yes.

THEY did not have any agreement with you.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 9 months ago.
THANK YOU
Expert:  Jamie-Law replied 9 months ago.

Great. I think you have a real defence.

Can I help with anything else?

Customer: replied 9 months ago.
Other than do this for me.......which I am dreading. Is the N244 fairly straight forward? You have been very helpful thank you. Are you available for me to call on again personally or if I accept the 7day free trail would I have to go through an outline with the next allocated solicitor?
Expert:  Jamie-Law replied 9 months ago.

Yes N244 is fine.

You can ask for me on other questions if you want.

Customer: replied 9 months ago.
I have given you 5 stars.
Thanks for your help :)
Customer: replied 9 months ago.
Hi Jamie-Law
Are you able to still assist me?
Expert:  Jamie-Law replied 9 months ago.

What do you need to know?

Customer: replied 9 months ago.
My points for the N244 are as follows:
1. only made aware of the judgements in email core from liquidators in an email dated 12.Oct and then checking my credit file
2. I didn't have a signed agreement for the debts of the liquidated company or any signed instruction by me to instruct the liquidators (claimants)
3. The liquidators failed to provide me with details of the CCJ being lodged
* never received claim pack
* no opportunity to defend, accept or reject claimWith these points do I have a good defence?
Customer: replied 9 months ago.
Should I mention - address?Should I mention - personal guarantee?
Expert:  Jamie-Law replied 9 months ago.

Yes you need to mention the address. Don't mention about the pg

Customer: replied 9 months ago.
Where should I state if sent to the old address - I assume I didn't need to let them know of my move: that was my husbands responsibility as the SOLE director?
Expert:  Jamie-Law replied 9 months ago.

You just have t say it was not served at your valid addrsss.

Customer: replied 9 months ago.
I'm sorry for not getting this bit completely....
* I thought they only needed to send it to their last know correspondence address?
* I'm not sure they even served it, if they had it would have been returned so they would have realised it had not been served to me?
* The person living in that house is still in contact with us, I'm sure I would have been aware if he had received something such as this?Should I then add these words to a new point 4. Is this acceptable?
4. The Claim Form was not served to me at a valid address
Expert:  Jamie-Law replied 9 months ago.

Correct and yes.

Customer: replied 9 months ago.
Is the trick to this then, less is more?
Objective being to get the case to court and then as you previously said to me: the court will not explore the defence at court as it will not be a trail but will just need to be satisfied that there is some defence?
Will this be sufficient defence for them to decide to set-aside the CCJ?After this what next?
Customer: replied 9 months ago.
on the N244 is asks:
What order are you asking the court to make and why? Here should I say:
To have the CCJ set-aside as it has been made against me in my absence - without the right to defend?
Expert:  Jamie-Law replied 9 months ago.

That's right.

Customer: replied 9 months ago.
What happens next?
Customer: replied 9 months ago.
It strikes me also that the County Court Business Centre DO NOT have my address - how should I advise them of this, assuming I have to?
Expert:  Jamie-Law replied 9 months ago.

The Court will list the matter for hearing and take the details when you send a covering letter with the application and send it to your local Court.

Customer: replied 9 months ago.
this N244 goes to the county court
they lodge it within 24/48 hours with the local court
the local court list it for a hearing and take details? .......how do they contact me? There is no contact detail information on the N244?
What is the covering letter and application they send me?
Expert:  Jamie-Law replied 9 months ago.

The covering letter has your name and address on it.

In any event on page 2 it says applicant's name and address.

This is also where you put your details.

Customer: replied 9 months ago.
I'm really sorry I don't get it: So far the N244 doesn't have my address on required to be noted, the CCJ doesn't have my address on......the claimant doesn't know my address either: submitting this CCJ the county court they or the local court won't know how to get back in touch with me?
Customer: replied 9 months ago.
There is a section 9 on the N244 where I could put it?
Expert:  Jamie-Law replied 9 months ago.

Section 11

Customer: replied 9 months ago.
Excellent Thank you :)

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