Reason for Set Aside a CCJ

myright

Hi I wrote a reason why i believe my CCJ should be set aside.

Could somebody look at it for me, I would very grateful. Does this look okay??

I am applying for the decision for being set aside. The reason is the when I studied for my degree, I applied for the tuition fees to be paid by the LEA (local education authority). That was for the academic year 2005- 2006. The LEA had paid the university fees as I had completed my application form for the fees in early 2005 which had been checked when I handed it in at the office. (thats the reason I could do my studies or else the university wouldn’t allow it –without fees being paid). However after my academic year was over, the following year the LEA asked me to provide them with another document related to my fathers income. Which I went to Jacobs Well (where the LEA was based) and provided that information. The LEA were in the process of moving offices around that time, They moved it to Britannia house. So at this point I had done all the necessary steps to pay the university, it’s fees. Realistically when the forms were checked in 2005 and i was eligible to study the academic year 2005-2006,that should have been that, like any other student.
There were even some letters sent to a different adress, where I don’t live.
I was unaware about the CCJ and I contacted the courts for a confirmation about it. Shortly after that I contacted the university and explained the situation to them as I had previously tried and kept missing the person in question. I then booked an appointment with the LEA to discuss the matter. The LEA had informed me that they have a system where if a situation like mine wasn’t sorted within the 6th month they reject any payments on behalf od student. Even though 4 years later my situation was unique and required exceptional solution due to errors from the LEA, the LEA agreed to pay my tuition fee off, which should have never been reversed in the first place as they received all the evidence and due to the moving of the building may have caused a problem.
I trust the university would also like to see me out of this sticky situation aswel as its affecting my credit score, employment opportunities. My credit record has always been very good before the CCJ come, now it's very poor. So I hope you could view this case kindly and set it aside.
Thank you.

Culex

Quite frankly, it looks like a lot of nonsense. Hie thee to thy local Citizens Advice Bureau and there get some decent legal advice, as it seems to me that you'd rather like the CCJ to be set aside on the basis that you were never served with the Summons, nor even acquainted with the idea that you might be sued (by whom?) for your fees.

kizkiz

I would also recommend getting a friend who has english as a first language to take a look and help you write any letters. The draft here is quite hard to understand in places

myright

Culex wrote: »

Quite frankly, it looks like a lot of nonsense. Hie thee to thy local Citizens Advice Bureau and there get some decent legal advice, as it seems to me that you'd rather like the CCJ to be set aside on the basis that you were never served with the Summons, nor even acquainted with the idea that you might be sued (by whom?) for your fees.

i did go to the citezen advice bureau. They just told me to write what happened and fill the Set aside form.

Summary of the situation:
1)Applied for the fees to be paid by local education authority (LEA) for academic years 2005-06
2)Was granted by the LEA and therefore finished my degree.
3)a Year Later the LEA asked for additional information, which I provided. However they were in the process of moving so things got muddled up.
4) Therefore they took the fees back of the uni
5) I ended up with the debt with the uni
6) I didnt respond to the CCJ letter from the court as I thought it was junk mail ( to be perfectly honest).
7) I recieved the CCJ
8) I got in contact with the LEA. they agreed to pay as provided relevant info again, as exception.
9) Uni have satisfied the CCJ
10) I want it removing so trying to get it set aside.

This information is honest as it could be.

Who can I get good advice from as solicitors are charging a fortune and I'm strugglin atm.

kizkiz wrote: »

I would also recommend getting a friend who has english as a first language to take a look and help you write any letters. The draft here is quite hard to understand in places

lol English is my first language. I'm just not a good writer lol.

myright

bumpty bump

fatbelly

The ccj is now marked 'satisfied' on your credit report. Is that correct?

The record will drop off six years after the date of judgement.

I don't think an N244 application is going to get anywhere, particularly as you say you did not respond to the claim form as you thought it was junk mail.

Ifyou want to improve your credit rating, concentrate on the traditional ways - a credit card or two with balance paid in full eachmonth, stable address history and get on the electoral roll where you live.

myright

thanks very much fatbelly.

Is there anyway at all that I could get it removed? The error really was the Local Education Authorities, that's why they paid it even after 4 years . I have proof that they accepted to pay it. Thats why i went to uni.

As to credit cards, i already have one. Even if I dont spend and not get in debt because of it. does that improve me ratings? or the more i spend and pay it off in full the ratings will improve?
What other methods are there to improve ratings ASAP. (im already on the electrol roll).

my rating is very poor. something like 360points. I need to get a job, but i wnt pass the credit ratings I really wished I could get the CCJ taken off.

Tixy

For a credit card to improve your rating its best to use it each month and pay off in full. How much you spend doesn't really matter, just putting 1 or 2 purchases a month on it would be fine.

This article might be worth a read, Credit Rating: How it works and how to improve it
but whilst ever the CCJ is on file you are always going to struggle. And as fatbelly says I think you won't be able to remove it.

What industry are you looking for work in that means you are credit checked?

myright

hi I'm looking to work in admin, call centres, banking anything really so I can get back at work.

As to the CCJ, I spoke to the uni and they have said to me if I stick to the facts, they will try to help me get the CCJ removed (their very helpful), that's when the courts write them a letter, ONLY then.

So my next question is , what criteria can I get the judgement set aside.
Also when I fill the form, is it best to keep it straight to the point, or as detailed as possible?

thanks

Tixy

There is a factsheet here that explains reasons that can be used to request a CCJ is setaside. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court
However you didn't return the claim form or reply to it and the money was owed at the date of the CCJ so I think you will struggle to find a valid reason to get it set aside. You have already had advice from fatbelly who is a CAB advisor. If you want another opinion you could speak to national debtline. If they think you have a case I would imagine they would be able to help you complete the paperwork.

Aside from banking and a few other finance jobs you won't usually be subject to any credit check so having a CCJ should not prevent you from finding admin work or call centre work.

kizkiz

myright wrote: »

lol English is my first language. I'm just not a good writer lol.

Apologies
Goes to show, it's always worth spending some time on grammar etc