getting a ccj overturned?

spike4073

hi...ive had a ccj on my credit report for about three years now and have been paying the debt by installments.....ive recently been informed by cab that you can have a ccj overturned if one of a few things can be proved....the one that i beleive applys to me is that i am allmost certain that i never received a summons due to having moved house....what i want to know if anybody has the anser is

1..how do you apply to have a ccj overturned?
2..how are you supposed to proove you never received the summons?
3..if the courts decide that they belive i did receive the summons will i get in trouble ?

any thoughts anyone?

Tixy

Hi Spike

I think if you moved house and informed your creditor of your new address (but they didn't update their records) you can have the CCJ set aside.

If you didn't inform them you had moved I'm not sure you are able to.
There is more info on this national debtline link http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

If you do want to get it set aside there is a form you complete N244 - again info on that link.

spike4073

yeah thats what i thought...am just a little concerned that if the courts decide that i have no case....(have heard they can be tricky to deal with).......they may fine me for wasting court time or something...the last thing i need is more debt

fatbelly

spike4073 wrote: »

yeah thats what i thought...am just a little concerned that if the courts decide that i have no case....(have heard they can be tricky to deal with).......they may fine me for wasting court time or something...the last thing i need is more debt

That won't happen. But unless you are on benefits or a low income there is a fee to pay with your N244 and this will not be refunded if your request is turned down.

spike4073

ok thanx i will have to give it a go then...getting into trouble if the court didnt find in my favour was my biggest concern ....i figure the last thing anyone needs is to get on the wrong side of the court system :S