help needed with default judgement

[fmotl]

would like to introduce myself, my name is Phil and I wish I had found this site earlier, but perhaps somebody with a bit more knowledge than me can help,and it may not be too late.

I am being pursued through the county court system by an agency named CL Finance, backed by a solictor firm Howard Cohen.They are a third party to the dispute which I have with the bank which I have offered to pay on condition of provision of documentation which they have not provided,therefore the dispute is still ongoing,however they now seem to have passed this on to a third party who have not provided any documentation to myself.

The courts seem to be on their side or maybe I just do not have the experience to deal with it effectively, I received the claim from Northampton which I replied rebutting the claim due to no deed of assignment being in existence. It was then referred to Keighley County Court where they wrote to me and I wrote back requesting that CL Finance produce evidence of contract between myself and CL Finance Ltd. but was not given any claim form to answer by the court.

I have now received a Judgement for the Claimant (in default) saying I must now pay the purported sum forthwith (over £10,000). I now wish to appeal and have the Judgement set aside, question is what is the best course of action? do I fill in a form N161 with a new challenge for CL Finance to produce evidence of contract,or is it a form N224 with an appeal to set aside, or do I swear an affadivit and mark it for the judges private attention,to make sure it is produced in evidence, or do I send a CCJ discharge letter and does this go to Northampton Bulk Centre or my Local court which issued the CCJ. Does anybody have any experience in any similar procedures and could give me some pointers? it would be very much appreciated, thank you.

[mandyjayne]

Hi fmotl, and welcome to CAG:D

 

What you need to do is get it set aside, using a form N244, the court fee for this is £75:mad:.

 

We will need a little more info on the debt, was it a credit card or loan, any PPI or interest added on?

 

Post up these bits then someone can tell you more.

 

All the best and dont worry your now in good hands:D

 

MJ:)

[fmotl]

Hi

Thanks for your reply the debt was a credit card, but I,m not sure which card as CL Finance have not given me details which card it relates to but I think it is MBNA and the original figure was just under £10,000 but with costs the debt now stands at £10,600