Dispute over CCJ?

mazza1985

Hi everyone

I studied a course at college at 2005, was on benefits at the time (carer to my so called disabled ex) so they let me pay weekly. One month they added £40 onto my bill without warning, stating that they had lost proof of payment for this amount and therefore assumed I hadnt paid it.

I then stopped paying for the course, as the amount was under dispute.

In october 2005, I fled domestic violence, and moved to bristol. The college then took me to court and my parents received a letter for me stating that I had had a judgement made against me without being present.

I went to my CAB, and filled out an execution of warrent something or other (it was 3 years ago and I cannot remember the exact name) to dispute the amount on the CCJ. I never heard anything back from the court. I had a lot of other traumas in 2006 and 2007 and so never really chased it as it was not a priority.

A couple of months ago, I checked my own credit file. The CCJ is clearly listed as being £228. I rang the college to try and arrange payment of the CCJ, and was told they now wanted £290. I asked them for a statement of my account showing where the extra debt had come from, and they sent me one that apparently shows as£290 owing. But whats interesting is after they took me to court they deducted the £40 I was disputing in the first place! It appears that they have added charges on after the CCJ was registered and are trying to cover it up.

I rang the court and asked for the forms to dispute it, which they sent, but very unhelpfully without the guidance notes to fill it out!

Who is right here, my credit file, or the college? Which amount do I pay? And if they have admitted liability for the amount originally disputed, can I dispute the ccj again?

Sorry this is so long winded I am just very confused!

mazza1985

Please, if anyone has any suggestions at all, no matter how small, please please please post them here as I am at the end of my tether and dont know where to go from here!

mazza1985

Anybody? At all? If noon on here knows I am completely stuffed!

ifonlyitwaseasier

have some patience, the knowledgeable people will be along soon,

welcome to MSE and don't panic, you'll be ok!

ioiwe x

mazza1985

ifonlyitwaseasier wrote: »

have some patience, the knowledgeable people will be along soon,

welcome to MSE and don't panic, you'll be ok!

ioiwe x

Thanks, Im just really frustrated as I really want to sort my credit out in 2009 and everyone that I have asked does not have a clue where I go from here.....

penguin83

Hi there Mazza - sorry havent seen this before I will help as much as I can.

The guidance notes for completing form N244 are here (scroll down to the bottom to find them). You can make a further application to have the judgment set aside if you didnt attend the first one which it sounds like you didnt - there is a £75.00 court fee to pay unless you are in receipt of certain benefits or on a low income - more info on fee remission here.

It sounds as though the college issued a warrant against you at some point and they would have had to pay a court fee of £55.00 and they would have been entitled to solicitors costs (if they are using solicitors) of £2.25 this may account for the discrepency in the amounts as any further fees that the claimant (the college) has to pay are added onto the judgment.

National debtline has a factsheet regarding apps to set aside judgment found here.

Hope that is of some help xx

mazza1985

penguin83 wrote: »

Hi there Mazza - sorry havent seen this before I will help as much as I can.

The guidance notes for completing form N244 are here (scroll down to the bottom to find them). You can make a further application to have the judgment set aside if you didnt attend the first one which it sounds like you didnt - there is a £75.00 court fee to pay unless you are in receipt of certain benefits or on a low income - more info on fee remission here.

It sounds as though the college issued a warrant against you at some point and they would have had to pay a court fee of £55.00 and they would have been entitled to solicitors costs (if they are using solicitors) of £2.25 this may account for the discrepency in the amounts as any further fees that the claimant (the college) has to pay are added onto the judgment.

National debtline has a factsheet regarding apps to set aside judgment found here.

Hope that is of some help xx

Hi there

The original amount was £140 (£100 according to my own calculations), and was taken up to £226 with charges etc. The extra money has been added at some point this year (ccj was issued april 2007). When I asked them for a breakdown of the debt it howed the extra money was added on after the ccj was issued.

They gave me a ccj 7 months after I disputed the amount, they never responded to me, just took me straight to court without bothering to get in touch (they had my e-mail address and telephone number and didnt use either).

I just think it is well harsh for £100!

mazza1985

does anyone else know?

mazza1985

PPPLLLLLEEEEEEEAAAAAAASSSSSSSSSSEEEEEEEEEEEEEE!!!!!!!!!!!!!!!

This is driving me insane, making me extremely depressed, I just dont know what to do any more!

GeorgeUK

I'm afraid i've no idea, especially as the CCJ has been awarded.
It might be worth posting the details over on the consumeractiongroup forum - they are much more clued up on the legal matters (although they can take a while to respond to posts - i'd bump it if no replies after 24 hours).