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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 9849
Experience:  Senior Associate Solicitor
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Raybould and I used to own a caravan on Southview caravan

Customer Question

Hi my name is ***** ***** and I used to own a caravan on Southview caravan park Skegness (park dean resorts) I was considering moving my caravan to another ste but I couldn't get any other site owners wouldn't acc ept the terms and conditions as it was under hire purchase agreement and nor could I sell it due to this agreement so I ended up handing it back to the black horse finance company .then I heard that Southview caravan site bought it back of black horse and then resold it within their park,now Southview are chasing me for £2198.00 for breach of conditions which I totally disagree with,how can I resolve this situation as its stressing me out .many thanks Mr raybould
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No and it's in Skegness uk
JA: What steps have you taken so far?
Customer: Tried to contact the layers which this subject concerned but they just want my monthly out goings to arrange a payment plan and they have issued a ccj to my name.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No not really.
Submitted: 7 days ago.
Category: Law
Expert:  JimLawyer replied 7 days ago.

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Did you know about court proceedings if they obtained a CCJ? I can tell you how to apply to set the CCJ aside and defend the claim - but if you can confirm what happened and why they succeeded getting this CCJ please.

Customer: replied 7 days ago.
I was told by a group on face book called the park dean unhappy owners site which stated ignore this letter because they just rip people off and unfortunately for me I did as I believed I didn’t owe any money and the only money I would owe is to black horse finance company for opting out of the agreement .
Expert:  JimLawyer replied 7 days ago.

OK, I will set out how to set this CCJ aside - you have a chance to defend the claim and you should take it. I will set out the next steps...

Expert:  JimLawyer replied 7 days ago.

For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years.

As such it either needs to be set aside or paid off (or the claimant accepts an installment plan – if this is the case then form N245 needs to be filed with the court).

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here:

https://www.gov.uk/government/publications/form-n244-application-notice

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.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

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. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption – you can check your eligibilty here: http://www.gov.uk/get-help-with-court-fees

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 either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

Bear in mind the court expects these applications to be made promptly.

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

Many thanks,

Jim

Expert:  JimLawyer replied 3 days ago.

I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim