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Gladstones, CCJ, old address HELP!

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124

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  • Quentin
    Quentin Posts: 40,405 Forumite
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    You need to send in form N244 to the court (see #5)
  • safarmuk
    safarmuk Posts: 648 Forumite
    edited 31 January 2017 at 3:16PM
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    I think the OP issues is thus:

    1) The CCJ has been obtained (she can see it on her credit record) already and she has been advised by the CCBC that if she pays by the 3rd February 2017 then her "credit rating will return to normal and there would be no further impact"

    This statement in italics needs to be clarified further for the OP. Does this mean that the CCJ will be marked as "satisfied" or "wiped clean" from the OP's record. There is a significant difference as the I believe the former may/could still cause her problems in the future.

    2) The OP wants to buy a house in the near future. As long as the CCJ exists on her records this may be difficult (with regard to obtaining mortgage etc.)

    So the OP needs to know if paying will mean this will definitely not be an issue as it will be "wiped clean" or if she chose to fight in what timeframe could the CCJ be overturned (e.g. 1 month, 3 months, 6 months).

    Am I right in my summary everyone? If so what is the advice we are giving?

    Either way the OP should contact her local MP about this and also local/national media. There is a chance a paper might pick up a case such as this. Nothing to lose with these angles (albeit publicity will come with the latter).
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 31 January 2017 at 4:17PM
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    The OP has now decided to go for a set aside


    If successful that will result in the CCJ being wiped off the register!


    (Your italics are correct though - were anyone to pay off a ccj within 30 days of its issue it gets wiped from the register)
  • hayley0408
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    Thank you for all your help and guidance everyone, and for also being patient with me! I've never had to go through any proceedings like this before, and I have to say it is VERY daunting and stressful.
    i'm going to take a look and try to complete form N244 now, although I have no reference numbers or any other details to include.
    Fingers crossed this will all eventually be a horrendous nightmare and a lesson learnt.
  • hayley0408
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    I'm really struggling with the completion of this form! It makes no sense to me at all. I've done a fair bit of googling and have a vague idea of what I need to say.

    What order are you asking the court to make and why?
    The court to set aside the judgement due to a lack of correct correspondence to the defendant. An incorrect address has been used, and no knowledge of the County Court Judgement until a recent credit check had been performed.

    Is that all I need to put? There is a section referring to a statement that i can give. Do I literally explain everything I have put in this thread? I.e ran a credit report, found a CCJ, called the CCBC and was advised it was for a ECP ticket. No knowledge or receipt of said ticket. Contacted Gladstones to request all correspondence to be forwarded via email. Still no receipt and no further information obtained?
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 31 January 2017 at 1:49PM
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    Walkthrough completing the form:


    http://www.parking-prankster.com/ccj.html


    Also contact CM (re her post #18) to let ger know your decision and she may have already have something for you (sending the form in doesn't have to be done immediately)
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    hayley0408 wrote: »
    I'm really struggling with the completion of this form! It makes no sense to me at all. I've done a fair bit of googling and have a vague idea of what I need to say.

    What order are you asking the court to make and why?
    The court to set aside the judgement due to a lack of correct correspondence to the defendant. An incorrect address has been used, and no knowledge of the County Court Judgement until a recent credit check had been performed.

    Is that all I need to put? There is a section referring to a statement that i can give. Do I literally explain everything I have put in this thread? I.e ran a credit report, found a CCJ, called the CCBC and was advised it was for a ECP ticket. No knowledge or receipt of said ticket. Contacted Gladstones to request all correspondence to be forwarded via email. Still no receipt and no further information obtained?

    Hayley I have your pm and will reply now I know you are getting this set aside. You will need to show me your PCN paperwork that you have...or tell me the details.

    I'll write a Witness Statement to accompany the N244, that worked for another person whose CCJ was set aside without a special 'set aside hearing' (the Judge having read the papers). That person then knew the CCJ was wiped clean off his record and he then found writing the defence easy because the WS covered it. He is now contesting the claim as anyone would - and most here win.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Rock_007
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    I have read comments on this forum and though maybe this might be the right thread to ask my query about the CCJ(county court judgement)...
    as my wife is looking to apply for loan near future and she has got a hearing in court next week, i understand if the CCJ comes against you and if you pay the amount with 30 days it won't affect the report, here i am a bit confused as if we pay within 30 days does the CCJ doesn't appear at all on the report or it will appear on the report and then we need to ask the court to remove it...( we are hoping to win the case but this is just in worst case scenario)
  • Quentin
    Quentin Posts: 40,405 Forumite
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    It normally is registered straight away.

    You pay the claimant and get a receipt then apply to the court involved to get it removed.

    Best to take care of this yourself rather than rely on the claimant to inform the court
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    Rock_007 wrote: »
    I have read comments on this forum and though maybe this might be the right thread to ask my query about the CCJ(county court judgement)...
    as my wife is looking to apply for loan near future and she has got a hearing in court next week, i understand if the CCJ comes against you and if you pay the amount with 30 days it won't affect the report, here i am a bit confused as if we pay within 30 days does the CCJ doesn't appear at all on the report or it will appear on the report and then we need to ask the court to remove it...( we are hoping to win the case but this is just in worst case scenario)


    It does not stay on her record, so it is restored to a clean credit record if she pays.

    Why do you think she might lose? Start your own thread please, I am concerned to hear about what she has filed as her evidence/case law and exhibits, photos etc., the other week, with her Witness Statement (and what was in the original defence) and who the parking firm are, all details.

    New thread please so we can add last-gasp advice. Even questioning the right of audience of the rep for the other side can stop them being able to present their case, you know, on the day.

    These are the last minute sorts of angles she needs to know. I hope she defended it well, please start a thread asap.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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