Overturn CCJ

spacey2012

They dont send recorded delivery, they keep a posted log, which is deemed acceptable as proof of postage.

kingstreet

You receive county court papers giving you a chance to defend the action by appearing on the appointed date,

Once granted judgment, payment in full within 30 days will see the judgment satisfied and not recorded on the register.

An item posted first class is presumed served two working days later. The presumption is rebuttable with evidence to the contrary.

matttye

I agree with what's already been said; you didn't defend it at the time and have now missed your chance. Sorry!

ValHaller

sponsoredbycatfood wrote: »

She's not stupid, she earns £30,000 a year doing a part-time job - definitely not stupid!

So there's no way I can appeal it now, given that I know she can't just 'know people' to get it to stick? She should've raised it in mine and my ex's name, but she shouldn't have raised it at all, given that I'd agreed to pay, in exchange for her cooperation?

If you want a straight answer, you need to be straight with us about whether you got court papers and an opportunity to defend before the hearing. Dare I say it, you seem to be avoiding that point perhaps in the hope that someone will tell you you have got a hope.

It is a waste of your time as much as anyone's if we tell you that you do have a chance when you don't, no matter how much happier it might make you feel. But if you do decide open about what happened in terms of court procedure, if there is a glimmer of a chance, someone will spot it.

sponsoredbycatfood

Apologies, I assumed that the fact I said 'I definitely got a CCJ' meant that it was a given that I got the paperwork..

Well I'll try and find the address and details and defend it anyway. Not the friendliest of sites this, is it?!

Thanks.

gb12345

sponsoredbycatfood wrote: »

Apologies, I assumed that the fact I said 'I definitely got a CCJ' meant that it was a given that I got the paperwork..

There have been cases on here where people thought they had been given a CCJ, only to find that the debt collector was trying it on.

sponsoredbycatfood wrote: »

Well I'll try and find the address and details and defend it anyway. Not the friendliest of sites this, is it?!

What exactly are you hoping to defend? Do you not understand that you've missed the boat? The time to defend the CCJ was when you received the court papers not a year later after the CCJ has been issued.

fermi

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

ValHaller

sponsoredbycatfood wrote: »

Apologies, I assumed that the fact I said 'I definitely got a CCJ' meant that it was a given that I got the paperwork..

Well I'll try and find the address and details and defend it anyway. Not the friendliest of sites this, is it?!

Thanks.

Less friendly for your input.

It boils down to this. You tell us that you have a CCJ and you won't tell us anything except you definitely have one. Now at that point your only hopes are

• That you are actually mistaken and you are mistaking the claim papers for a CCJ - yes this does happen - so bite off the head of anyone who tries to explore this
• That there was some mistake in the process of giving you a CCJ - yes this happens too - so get defensive when you are asked questions which might uncover a procedural error which would get your CCJ lifted

As far as I can see, you seem rather attached to your CCJ.

Buzby

I like her 'I know people' response - and would love for you to give her a metaphorical bloody nose, but the courts do not waive the CCJ in return for the payment. It simply restarts the action from before judgement.

Courts dislike being disrespected and if you received all the documentation to defend and did not enter any mitigation they will disallow your attempt to re-run the action. Did your ex get a CCJ too? He may have a good chance of getting himself removed from it if HE claims he was not served with any documents.

pauletruth

questions to answer
do you owe the money.
did you get the paperwork re debt and court papers
did you ignore the court papers
if yes to all the above then you don't have a chance. if no to any then you may have.

however i would look at your leasehold contract you may not like what you read. they can approach your lender if you have a mortgage on your flat.