How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 7133
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I would like help with a small claim Assistant: Where are

This answer was rated:

I would like help with a small claim
Assistant: Where are you? It matters because laws vary by location.
Customer: I’m from Leicester
Assistant: What steps have you taken so far?
Customer: I have ask the judge to give me time and I am now completing the N244 application form
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Thats is it

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

What is it you are applying for (with the N244 form)?

Customer: replied 6 months ago.
I am applying for the judge to set aside a judgement against me because as far as I am concern I do not owe the claimant any money.

OK, I will send you an example form for you to set aside the judgment, please bear with me

Customer: replied 6 months ago.
Ok thanks
Customer: replied 6 months ago.
I have downloaded the form online by the way but an example will be good to have a look at

Yes, to set aside the CCJ you need the N244 form and a witness statement with a draft order. I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to defend the claim if the debt is disputed.

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made promptly. If you want an advocate to do the hearing for you, you can use http://www.lpc-law.co.uk who would charge around £250-£350 and the fee is recoverable from the claimant if your application succeeds.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

I hope this helps, I can check it for you once you complete it.

Customer: replied 6 months ago.
Sure, thanks for your help I will definitely give you a 5 star
Customer: replied 6 months ago.
Can I ask if my defence to set the judgement aside will stick?
Customer: replied 6 months ago.
Basically I rented a car from this company that’s specialises in renting used cars. When I received the car there were many faults with the car and I decided to cancel the contract but the claimant tried to force me to pay him and claiming 12 months

Hi, the CCJ would first have to be set aside before your defence would be considered. I can likewise check your defence but the first thing to do is apply to set aside the CCJ.

Customer: replied 6 months ago.
what justification do I give as a viable reason to set the CCJ aside?
Customer: replied 6 months ago.
All I would say at this point is that I do not owe the claimant any money. Which is the case, I returned the car on time, and paid everything up to the cancellation

the CCJ would have been obtained because you didn't reply to court proceedings in time - or your defence was struck out for some reason.

You say that you have a real prospect of successfully defending the claim as your justification (see statement I uploaded).

I am just off to a meeting but will come back to this later this afternoon if you need further help.

Thanks

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Many thanks for this
Customer: replied 6 months ago.
Quick question - the company the filed a CCJ doesn’t exist and I never signed any contract with them. It’s the old name of the company that I felt with, can this be a basis for setting aside the judgement?

Yes, it can - that's a good reason to apply to set aside

Customer: replied 6 months ago.
Thanks! Just so that we are on the same page, the company I signed the contract with the name is 'A2B CAR RENTALS LIMITED' the CCJ against me is from JP MEDIA UK LIMITED which is a previous name of a2b car rentals limited but I never signed anything with the previous name and doesn't appear on any om my document. Does this render the CCJ invalid?
Customer: replied 6 months ago.
Also seems this company is using these names to their advantages to confuse situations

It depends if JP is a subsidiary company of A2B or not - you'd need to check that. If not and you did not sign a contract with JP then it may well render it invalid, yes

Customer: replied 6 months ago.
JP is a previous name which was changed in July 2018 according to company house.

OK, proceed to apply to set aside based on the fact the claimant name is ***** ***** no contract signed with them in that case

Customer: replied 6 months ago.
this is what it says on their website: A2B car hire is a trading name of Jp Media UK LTD, registered office. Unit 2947 Chynoweth House, Trevissome Park, Truro, TR4 8UN

I see, OK so it is the same company. You cannot use the excuse that you signed with one and not the other as the JP name is ***** ***** offshoot company of the A2B one.