I need some help with a CCJ I just discovered..

Sstanton86

Hi all,

Firstly, just wanted to say this is my first post on this forum! I figure if there is anyone who can advise me, it will be my fellow men, and not the establishment!

Right so here goes:

Just recently, i decided to look up my credit history via Equifax. I knew it wouldn't be good, thanks to credit defaults in the past. However, i wasn't expecting to see a CCJ dated 2009, under the ''court information'' section - as you can imagine I was both shocked and in horror.

After doing some investigation i have discovered it was from my former university landlord, who was a money grabbing nightmare from hell. I don't know the in's and out's of the CCJ, but she filed one against me back in June 2009, and she address it to the house I lived at as a student. The ironic thing is, she knew full well I was leaving and I wouldn't even see the CCJ in order to dispute it... Hence why I've spotted it 2 years later.

Can anyone advise what I can do to dispute this? I don't want it on my file for 6 years

Here are some really key points to this situation:

1. I never signed a contract whilst living as a student in the accommodation.
2. I never had the chance to dispute the CCJ, seeing as it wasn't sent to my home address. (She sent it after I left).
3. I wrote an email to Plymouth court explaining the situation and they said :

''If you wish to dispute thismatter you should apply to the Court to set aside the judgement to allow you to present a defence. The fee to do this is £80.00. The application would be then referred to a district judge, for his consideration''

Why should I have to pay £80, for a CCJ that I didn't know existed, when I didn't even get a chance to dispute it?! And who's to say it will be successful anyway... money grabbing, canivers...

Please help!

if you need further details please let me know!!



Sam

Tixy

Hi

The only way to dispute it will be to do a set aside application.

The set aside will often be successful if you pay off the debt as soon as you become aware and then prove that you didn't receive the court papers or know about it.
The other usual reason to get it set aside is if you can prove you didn't owe the money at the time.

Have you got a copy of the CCJ so you can see what she claimed the debt was owed for? if not you need to do that (you can get a copy from the court).
Then maybe have a read of this about set aside applications - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

You may be entitled to not have to pay the fee if you are not earning or have a low income. I agreeing paying £80 isn't great but its often a lot better than being stuck with a CCJ for the next 4years.

McKneff

Did you actually realise that you owed her money when you left.

Sstanton86

Thanks for the reply amigo.

Well I have none of the original CCJ documents - as I didn't even know a CCJ existed. After calling Plymouth courts, it appears it was to do with a rent ''arrears'' - which couldn't be further from the truth.

Yeah i responded to the court, it seems they will be sending me an application in the post. Is there anything i should be made aware of? Is there a sort of ''template'' i can use?

Regards,

Sam

Sstanton86

She was throwing allegations of people oweing her xyz, yet she probably wouldn't have been able to tell you whether she was wearing underwear or not!

She was, by definition, the WORST landlady anyone could possibly have.