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 GabrielP428 Your Own Question
GabrielP428
GabrielP428, Solicitor
Category: Law
Satisfied Customers: 391
Experience:  Expert
112518128
Type Your Law Question Here...
GabrielP428 is online now

In 2017 I got two CCJ’s for payday loans. In 2020, I

Customer Question

In 2017 I got two CCJ’s for payday loans.In 2020, I appealed to the Financial ombudsman because they were both irresponsible lending and at the time I was vulnerable.The first was almost immediately upheld by the ombudsman, the debt was erased, the CCJ removed and all negative markers removed from my credit file.The second loan is Amigo. They had so many complaints they were at risk of going bankrupt and applied to the courts for a settlement agreement - during which time the ombudsman would take no action.
This has now been agreed and the outcome is that Amigo loans have a class action and are awarding I think 50p in every £ owed to clients either as compensation on loans that have been settled or as a credit to loans outstanding. The ombudsman is no longer able to act on complaints about them.The expectation is now that claimants wait another couple of years while they work through the volume of claims for compensatoin.However, the compensation is not my concern, my problem is that there is a CCJ on my record that has significant consequences.So I would like to apply to the court and have it removed using N244 (I think that's the right one).I have 2 reasons and possibly a third.They are:1. The address on the initial court application is wrong. My address was for example, Flat 1,***** The letters were sent to***** So I didn’t receive them. I have had a look at the address on my loan paperwork which is also wrong, however the address auto-populates on the loan application and all communications was done via email with e-signatures so I didn’t even notice at the time.
2. Amigo has said that I need to submit my complaint to them again under the new high court ruling and they’ll decide what compensation/ reduction in the outstanding loan is due. They have said 50p on the £ is expected, the outstanding is £5k so I expect £2.5k to be credited to the account. My query is can request the CCJ to be set aside because there is a delta between the reported default and the amount that will be left after their adjustment. If £5k is not the amount owed then is the CCJ invalid while they take another few years to decide how much the compensation/ adjustment is?
3. Amigo has effectively acknowledged irresponsible lending but has successfully applied to the court to have a class settlement agreement rather than going bankrupt. The previous CCJ was removed on request of the ombudsman as ‘if there was no irresponsible lending, there would have been no CCJ’ the ombudsman, however, are no longer assessing these claims and therefore I have no mechanism to request this. Is this a ground that the court would consider?Could you please tell me if:
a) N244 is the right form?
b) In your opinion are any / all of the points above reasonable reasons to request the court to set the CCJ aside?Thank you
Submitted: 17 days ago.
Category: Law
Expert:  GabrielP428 replied 17 days ago.

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

Expert:  GabrielP428 replied 17 days ago.

Hi,

The correct route would be N244, and you must act quickly. Time is critical in set-aside applications.

Regarding point 2, You admit that you owe them some money but not the amount claimed on the application. Is that correct?

Customer: replied 17 days ago.
The was a loan made yes and there is a debt however the debt should have been erased because of the irresponsible lending criteria. The ombudsman cannot investigate based on the new high court order so I would like the order set aside based on the three points above. Are they valid reasons that a court would consider setting aside a CCJ?
Expert:  GabrielP428 replied 17 days ago.

The court may set aside default judgment if:

  • You can show that it has reasonable prospects of successfully defending the claim; or
  • It appears to the court there is some other good reason why:

- the judgment should be set aside or varied; or

- the defendant should be allowed to defend the claim.

-See CPR 13.3

You have valid reasons. The problem is the application has to be made "promptly". Promptly" means as soon as possible after the judgment was obtained. Case law established that after 60, an application is not made promptly.

However, the court has broad discretion in set-aside applications, and they often set aside even if the application is not made promptly. For example, they will consider the date on which the defendant became aware of the judgment.

You will also have to show that it has a realistic prospect of defeating the claim that you seem to have.

You will need to file a witness statement in support of the application to set aside default judgment. his statement will form the defence

Explain in the witness statement why you should be allowed to defend the claim (legal argument and issue with the wrong address and so on). It's a good practice to Provide a draft defence as an exhibit. hat helps the court to understand what the dispute is about and why they should allow the case to proceed to a proper trial.

Explain in the witness statement the detriment that the default judgment is causing you and why you were unable to respond to the claim before the judgment was entered. Often a court will set the judgment aside, even though the claim is admitted.

This link has more guidance:

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

-The fee is £275

I am happy to answer any questions arising out of this.

Expert:  GabrielP428 replied 16 days ago.

I hope I was able to offer some help. If you have further questions, please do feel free to ask them in this thread.

Thank you so much for using Just Answer.