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In Court how to present N244 defence

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  • In Court how to present N244 defence

    Hi all, thankfully I found this site.


    I need help how to go to court tomorrow and have a CCJ set aside.
    They claimant has proof we owe the monies
    We have proof that other payments were made are missing (alot).
    They however they said their solictors would contact us so we could sort this out but nothing arrived until a CCJ did.
    We are very afraid that the Judge will say "Well the solicitors must have sent you something before it went this far,
    yet they did not.
    I just need help to know what can be put forward a proper defense on why this should be set aside so that we can talk to their solicitors
    put forward the missing amounts and then sort what monies that are missing rather than be bullied in court by a judge.
    Thank you for reading


    More below

    I am to attend court tomorrow. A CCj was issued by a claimant saying we owe thousands. We did not agree and they would not agree with us, so they said it would go to their solicitors who would get in touch.

    We though ok so we can finally show someone officially that the debt is incorrect. We never got anything from anyone until the CCJ arrived and then they isued bailiffs. I need help on how to defend the N244 Form in court. As it seems the court may just say well they posted you the fact that it was going to be going to court and you didi not respond? I cant see anyway of getting the CCJ set aside. This is part of my application included on my N244 app.


    This was included on the N244 Form


    We fully dispute the amount demanded by the claimant. Since lodging the application to have the judgement to be set aside we now have documentation which will provide the proof that the debt is not due as demanded by the claimant. There are many issues which still remain unanswered by the claimant as to the amount requested and on being allowed a hearing, this should be settled. We believe there is nothing to be gained by the writ being executed. Due to irregular service and the claimants lack of pre-action conduct in relation to practice, nothing was ever received until a county court judgement arrived. This hearing should be allowed to continue without the need
    of a writ being executed, therefore we respectfully request the stay of writ should
    be quashed or held off being executed. The claimants last contact 07/10/2011, (copy enclosed) was to state that on completion of relevant documentation, which was
    never provided, under no circumstances would it be required for any further action
    or proceedings would be required.
    THank you for reading this....
    Last edited by Littlebud; 2nd April 2012, 15:10:PM.
    Tags: None

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