Have you been issued a County Court Judgment (CCJ) and are unsure of your options? Fear not! The N244 form can be your key to contesting or managing this judgement. This guide will equip you with the knowledge to navigate the N244 form effectively. So read on to find out the ins and outs of the N244 Form.
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What Is a Form N244 Used For?
The N244 form plays a pivotal role when dealing with a County Court Judgment (CCJ). It serves as an application notice necessary for challenging or setting aside a CCJ. This might be needed for the following purposes:
- Revision of Payment Plans: If your financial circumstances have changed, the N244 form allows you to apply for a revision of the payment terms initially set by the court.
- Suspension of Enforcement: In situations where immediate repayment could cause undue hardship, this form can be used to request a temporary halt on enforcement actions by the creditor.
So, if you suspect that the judgement was erroneous or unjust, the N244 form is your key to seeking redress within the judicial system. Without this form, your options to contest a CCJ are significantly limited.
You can easily get an N244 form from the court office that issued the County Court Judgement (CCJ). Also, keep in mind that you should not mistake the N244 for an N245 form. You will need an N245 form only if you want to make any changes to the terms of a payment arrangement.
In addition, if you’re struggling with debt, feel free to reach out to our Money Advisor team for guidance and advice:
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Documents to Be Included in N244
Submitting an N244 form is not merely about filling out the paperwork; it requires a strategic compilation of supporting documents. These documents are not just add-ons; they are the backbone of your application, providing substantial evidence to support your case. Here’s what you need to gather:
The completeness and relevance of your documentation can dramatically influence the outcome of your application. Keep in mind that these documents should be thorough enough to cover all bases but relevant enough not to divert attention from the main issue at hand.
Where Should You Send the N244 Form?
Once your N244 form is ready and complete with all necessary documents, the next step is submission. The form should be submitted to the court that issued the original CCJ. This is not just a procedural step; it’s a critical one, as the same court will reassess the circumstances of your case.
It is crucial to inform the claimant once you have filed the application. This is part of the formal process and is required by law. This ensures all parties are aware of the ongoing proceedings and can prepare accordingly. In a situation where they’re not informed, the process could be delayed, or worse, your application might not be considered valid.
Can You Complete an N244 Form Online?
The convenience of the digital age extends to the preparation of the N244 form. Yes, you can download and initially complete the N244 form online, which simplifies the process of gathering your information and ensuring you fill out the form correctly. But there are a few steps you should take afterward:
Should You Go To Court?
When contesting a CCJ with an N244 form, attending court is generally expected. This is your opportunity to voice your concerns and directly influence the outcome of your case.
Here, you will present your case and the reasons you believe the CCJ should be set aside. This is your moment to communicate directly with the judge. In some cases, the claimant or their representative will also be present.
Afterward, the judge will examine the evidence and arguments presented. This review is crucial as it determines whether your application to set aside the CCJ is justified. More hearings might be needed as part of the general CCJ process for a defended claim in order to make a final decision.
You can defend your claim using HM Courts and Tribunal Services. But note that if the court believes you don’t have enough evidence against the claim, the judgement will stand.
The Cost of an N244 Application
You won’t have to pay for a N244 form for CCJ. However, you will have to pay £275 when you submit the form. While the standard fee is around £275, this amount can vary depending on the specifics of your case and where you are filing.
In England and Wales, under certain circumstances, you might be eligible for a fee reduction. For example, if you have no savings and you have a very low income or receive particular benefits, you may be eligible for it.
This can significantly affect the financial burden of the process. It is essential to check the most current information before submitting your application to ensure you are prepared for any associated costs.
Completing the N244 Form
Filling out the N244 form is a critical step in contesting a County Court Judgment (CCJ), and there are steps you should follow to complete it. Here’s how you can maximize the effectiveness of your application:
- Name of Court: Enter the court where the case happened or will happen.
- Claim no: Find this number on your court documents.
- Leave these blank: Fee account no, Help with Fees (unless you need help paying), Warrant no (unless you have a warrant notice).
- Claimant’s name: The company that got a County Court Judgment (CCJ) against you. If they have a representative, include their reference number in brackets after the company name.
- Defendant’s name: Write your full name.
- Date: Today’s date.
- Question 1: Write your full name again.
- Question 2: Mark yourself as the “Defendant” and leave the lawyer section blank.
- Question 3: Explain what order you’re asking for and why.
- Question 4: Did a lawyer or agency help you with the CCJ? Mark “Yes” if so.
- Question 5: You might not need a hearing if everyone agrees on the order or the court decides one isn’t necessary. Remote hearings are possible if a lawyer is involved.
- Leave questions 6, 7, and 8 blank unless you have specific details about your case.
- Question 9: Write the claimant’s name.
- Question 9a: Write the claimant’s address.
- Question 10: Check the box for “the statement of case” or “the evidence set out in the box below” (reasons for setting aside the judgment). Provide as much supporting information as you can.
- Sign and fill in your details at the end.
N244 Form CCJ Details
Contact Details for Courts and Tribunals | https://www.gov.uk/find-court-tribunal |
N244 Form | https://www.gov.uk/government/publications/form-n244-application-notice |
Valid Reasons to Set Aside a Judgement
There’s a way to fight a court judgement if you have a valid reason. You can apply using a specific form (N244) to have the judgement overturned. There are a few reasons why a judgement might be overturned:
- Missing a court date
- Failing to file paperwork on time due to unexpected events
- Never receiving the claim due to an incorrect address or mail issues
- Responding to the claim on time, but the creditor ignoring it or going to court too soon
If the judgement is overturned, it’s like it never happened. It gets erased from your credit report. However, this doesn’t erase the debt itself, and the legal action might continue.
Basically, overturning a judgement puts you back in the same position you were in before the judgement. So, if you wanted to contest the debt earlier but couldn’t, you get another chance.
Specifically about missed court dates:
- The sooner you apply to overturn the judgement (using the N244 form), the better your chances.
- You’re more likely to succeed if you had a good reason for missing the hearing and could have won the case originally.
Regarding missed paperwork deadlines:
- Debtors can get a judgement against them for missing deadlines, but sometimes, it’s not their fault.
- The creditor is responsible for following the proper procedures and sending the correct documents.
- If they mess up, you might be able to get the judgement overturned.
Another reason for overturning a judgement is if the debt is too old to be legally enforced (statute barred). This typically applies to debts over 6 years old that haven’t been acknowledged or paid during that time, and no judgement has been issued before. If you win your case and the judgement is overturned, it will be removed from your credit report.
However, if you need further guidance on this, you can reach out to a legal expert. In addition, if you’re struggling with debt and need some effective solutions, feel free to fill out our online form, and our Money Advisor team will guide you on the best course of action.
Key Points
- The N244 form is available online for convenience but must be submitted physically at the relevant court office along with the necessary documentation.
- Applicants are generally expected to appear in court to present their case when using an N244 form to contest a CCJ, highlighting the importance of personal advocacy in the process.
- There is a standard fee associated with the submission of an N244 form, typically around £275, though fee reductions may be available under certain circumstances.
- Comprehensive supporting documents are crucial when submitting an N244 form; these should clearly support the grounds for your application, such as financial hardship or procedural errors.
- It’s required by law to notify the claimant once the N244 form has been filed, ensuring all parties are aware of the proceedings.
- Successfully getting a CCJ set aside via an N244 form removes the judgement from the applicant’s record, potentially reversing negative impacts on credit and financial standing.
- Seeking advice from legal experts can help navigate the complexities of the process and increase the chances of a favourable outcome.
FAQs
The N244 form is used in the UK to apply to the court for a decision on a particular matter related to a County Court Judgment (CCJ). It allows individuals to challenge a CCJ or seek alterations to payment arrangements and enforcement actions.
You can download an N244 form from the official UK government website. It’s available in a fillable PDF format, which you can complete on your computer before printing it for submission.
When submitting an N244 form, you should include any evidence that supports your reasons for the application. This may include financial statements, correspondence with creditors, proof of errors in the initial judgement process, or any relevant legal documents.
The completed N244 form, along with all supporting documents, should be submitted to the county court that issued the original CCJ. It’s important to also notify the claimant of your action as part of the process.
Yes, submitting an N244 form typically requires a fee, which, as of the latest updates, is around £255. However, this fee can vary, and there may be circumstances where you could be eligible for a fee reduction.
If you disagree with the court’s decision regarding your N244 application, you may have the option to appeal. It’s advisable to seek legal counsel to understand the grounds for appeal and the process involved.
If your application to set aside a CCJ using an N244 form is successful, the CCJ will be removed from your record. This can restore your credit status to what it was prior to the CCJ, assuming there are no other negative factors affecting it.
The processing time for an N244 application can vary depending on the complexity of the case and the workload of the court. It’s best to contact the specific court where you filed the application for an estimated timeline.