caarter CCJ for Vanquis card - set aside?

[CapoFort]

Hi, I was hoping someone would be happy to share the process of getting Bryan Carter Solicitors LLP to consent to my CCJ being set aside.

 

The court date of the CCJ was 06/08/2014 for £546.

 

I have been living abroad outside of the uk since January 2014.

I only found out that I had this CCJ when I decided to check my credit report.

Got email confirmation from the court only in October 2015.

 

The original debt was for a Vanquais credit card.

Lowell Group are the listed claimant on the CCJ.

When I contacted them they told me to get in touch with Fredrickson International.

And from there I was directed to Bryan Carter.

 

A repayment plan is set up with Bryan Carters for £50 p/month.

Which I intend on paying back as take responsibility for the debt.

But the CCJ is going to ruin my credit rating and I think because I wasnt in the country at the time

I should be able to get set aside. Is that true?

 

I more or less grasp the process of completing the N244 form but I more interested in understanding the best way to get a letter confirming the Consent of the Claimant.

 

I am not sure which one to even contact to ask for it.

And would anybody have a template or guidelines to at least attempt making one myself, which I can share later.

 

Also what type of evidence would I need to show?

and would i need to appear in person?

 

 

I was hoping the proof of me not being in the country

and the claimants consent would mean not but if someone oculd clarify that would be great, thanks

[dx100uk]

you don't need farters consent at all.

 

simply fill the n244 form out and send it yo the court with proof you were not resident at the time it wa obtained.

 

are you ever returning to the UK>

as I cant see any reason to even bother if you are not.

 

they cant hurt you outside the UK.

 

should nt be paying the ruddy fleecer either.

 

that money will be paying for their nightly drinks at the pub.

 

dx

[Andyorch]

" A repayment plan is set up with Bryan Carters for £50 p/month."

 

Hi CapoFort and Welcome to CAG

 

Was your payment plan pre CCJ or post?

 

Regards

 

Andy

[CapoFort]

Hi Andy

 

thanks for the welcome.

 

The payment plan was post CCJ. by about an year. Didnt know I had a CCJ lodged against until i checked my credit file out of interest.

 

got in contact and was told there was a court mandated amount of £50 p/month

 

. I thought they were probably lying but I can live with that amount and thought better to at least start making repayments.

 

Thought that the fact I got in touch proactively would work in my favour but I asked them today if they would write a Consent to the CCJ being put aside but they said no.

 

I left the country because I was working remotely and decided to get out of London,

 

still have the receipts from my accomadation proving I was away but dont want to pay £155 for a low chance of success.

[Andyorch]

Setting a side a CCJ also depends on offering a viable defence along with the application...yes you was out of the country at the time...but if you wasn't ....defence?

[CapoFort]

The debt was linked to an address that moved out and didnt get any corresponde about would be my only defence I think.

 

The default date of the debt was 31/01/2013. But I had left the country 01/08/2012. So I didnt even recieve any notice that a default on the debt was going to happen.

 

Then the CCJ was on 06/08/2014. Can a CCJ be allowed so long after a default?

 

Also during the period of the CCJ I was working full time on above average wages and the amount owed was £400 which is something I could have paid off if they had got in contact with me.

[Andyorch]

" Thought that the fact I got in touch proactively would work in my favour but I asked them today if they would write a Consent to the CCJ being put aside but they said no."

 

It would have to be a F&FS offer then they may reconsider .

[CapoFort]

but if they dont?

 

what are my chances on getting the CCJ set aside? is there really no chance even showing that i was out of the country living and working abroad? I was hoping that because i was earning enough to pay the debt in one go it was in a way their fault as if they had just sent an email instead I would paid

[Andyorch]

Set a side is a two fold process...1 . the reason that you didn't respond to the initial claim ...and 2. that you have a viable defence to offer to the claim...the reason that you do not think you are in indebted for the balance claimed.

 

The claimant is holding all the cards at the moment...he has his judgment...so to tempt them to agree to something you must make it worth his while.....as stated I can only see a F&FS lump payment tempting them.

 

Andy

[CapoFort]

Ok, well thanks Andy but I am liable for the debt so have no arugment there

 

will just have to learn my lesson and wait 5 years til its off my credit file

 

thanks for taking the time to answer, good to know this is here when people need