CCJ removal form N244

PixiePie

Hi all,

Have done some researching around and it appears I can get the CCJ removed for a variety of reasons, only one of them being I was BR at the time it was issued and the debt it was issued for was included in the BR (or so I believe...) - I just (lol) need to fill in an N244 form - I've got one of these, but have absolutely no idea what goes in what box, so wondered if anyone else has ever done one and therefore could assist?

Also, do I need to send any payment to the Court with this, or just post the form off on it's own to the Court? (Hoping I don't have to pay as don't have any money at the moment!).

Thanks in advance

philnicandamy

notes for guidance here

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

PixiePie

Thanks Phil - if anyone has done this can you please post still as a) I'm still a bit baffled by offical forms and b) I don't know if I have to pay lots of money for this (which seems exceedingly unfair as I was never told about the CCJ before it went to court as they had the wrong address for me, it was after my BR and they were told I had gone BR 9 months earlier).

Thanks again

Feelingfoolish_3

You are talking about setting aside the judgment and yes you need to complete N244, the cost to do this is £75. Its a basic court form and you need to state your reasons for setting it aside and there will be a hearing.
If you in receipt of certain benefits or can demonstrate hardship then the fee may be waived, you need to complete EX160.

Have you been in touch with your OR?

fiveyearplan

Thanks phil and feelingfoolish. Is there any advantage to having the CCJ taken off credit file as it will come off near enough at the same time as the bankruptcy?

Feelingfoolish_3

Well only if they try to enforce it, bailiffs, attachment of earnings, charging order, easier to do without the threat of this, have the done anything so far?

Why dont you try writing a letter of complaint to them, explaining that it was part of your bankruptcy etc and that if you dont receive a reply or a cancellation of your ccj then you will escalate your complaint to FOS. You need to allow 8 weeks. (Ive never come across a creditor going for a ccj after bankruptcy before)

PixiePie

Thank you very much everyone - and good question 5 yr lol - am going to write to Barclays over this and get them to sort it out - I'm not paying £75 for their obvious c*ck up! Am surprised at how upset this has gotten me to be honest - it really is just like going back to before BR - the sickness, the butterflies, the jumping at the phone and door - which is stupid as I only know about it as I got my credit file from Call Credit to check it all through!

Foolish - no I haven't been in touch with the OR - it wasn't a great experience and they don't really seem to be at all helpful or useful in anything (eg ever getting any notice of being discharged, despite being promised a copy when I chased it up). Perhaps I should let them know that Barclays have done this? Although I don't s'pose they will be interested - too many new BR's to process I imagine!

rog2

Feelingfoolish wrote: »

Why dont you try writing a letter of complaint to them, explaining that it was part of your bankruptcy etc and that if you dont receive a reply or a cancellation of your ccj then you will escalate your complaint to FOS. You need to allow 8 weeks. (Ive never come across a creditor going for a ccj after bankruptcy before)

I think that I would agree with this approach, rather than spending money on a 'set aside'.
As the CCJ was incurred after you were declared bankrupt, and for a debt that was incurred before your bankruptcy, then, as far as I can see, this 'CCJ' will have no legal standing.
They can 'try' to enforce the ccj once you have, on paper only, defaulted by not 'paying' it within the time due, but should they attempt to do so, the sight of your bankruptcy certificate should be sufficient proof that the ccj is unenforceable as you were not responsible for this debt at the time of the ccj. The 'bailiffs' should be directed to your OR.
You should be able to get advice from the office at the Court where the ccj was obtained, without the need to ask, or pay for, for a set aside.

fiveyearplan

PixiePie wrote: »

Thank you very much everyone - and good question 5 yr lol - am going to write to Barclays over this and get them to sort it out - I'm not paying £75 for their obvious c*ck up! Am surprised at how upset this has gotten me to be honest - it really is just like going back to before BR - the sickness, the butterflies, the jumping at the phone and door - which is stupid as I only know about it as I got my credit file from Call Credit to check it all through!

Foolish - no I haven't been in touch with the OR - it wasn't a great experience and they don't really seem to be at all helpful or useful in anything (eg ever getting any notice of being discharged, despite being promised a copy when I chased it up). Perhaps I should let them know that Barclays have done this? Although I don't s'pose they will be interested - too many new BR's to process I imagine!

I get the same feeling - they are so busy but I was glad just to stay in the background and have very little contact from the OR. I certainly wouldn't contact him now either because I don't want my file looked ito again! Sleeping dogs and all that.

penguin83

Hi Pixie, have you tried writing to the court yet? If this was us, I would get you to write in and send a copy of your bankruptcy order stating that you were already bankrupt at the time the judgment was granted and that the debt is included in your bankruptcy and then send the file up to the judge for directions. It may be worth a try although some courts may insist on you paying a fee x x

fermi

Claire71uk wrote: »

I have experienced this 'Essex & Suffolk Water' have up to 3 CCJs now , despite all being included on my Bankruptcy petition...they are still live and well on my credit reports.

They sent the summons to an address I no longer lived at.

They want paying & OR are no longer involved as discharged??

Moved to it's own thread.

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