Ccj

gingertwist11

Afternoon,

I have recently discovered a CCJ on my account for a Provident loan in 2007 that I most certainly did not take out. I have written to Northampton County Court and got the details but I dont know where to go from here. If I delve any further I am worried I will get stuck with this debt and have to pay it off. But I am looking to get a mortgage and will obviously not be able to with this on my account. d

Does anybody know what to do?

Please Help

rizla_king

What the date roughly of the CCJ? They come off your credit report after 6 years.

gingertwist11

It would come off mid 2018. According to the Court files, it was defaulted in 2007 and went to court in 2012. Obviously I had no idea of this.. Until now.

rizla_king

Have no choice but to dispute it then. Would do that telling them unless they cooperate in removing the CCJ you will apply to have it set aside. https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

gingertwist11

How do I go about sorting this out? The court gave me the credit agreement number that provident have. Do I write to them and ask for the details ? Are they even going to believe me ? How do I prove it?

National_Debtline

Hi there,

In order to get this removed from your credit file you will need to formally dispute this with the court and apply to Set Aside the judgement, this is done on a form called an N244, this could cost up to £155 to submit. If you are on a low income or certain benefits then you may not have to pay the entire fee.

A Set Aside application takes the judgement back to the beginning. The court will consider how long it has taken you to file this application (were you prompt), why you didn't respond to the original claim forms and do you have a realistic prospect of a defence. We do have a factsheet about this that rizla king has kindly linked for you.

I would also advise that you should take some legal advice before doing this to help you put your case together and present it to the court. You should take legal advice before filing a defence because if you make this application and you are unsuccessful there is a risk the debt may increase (through legal costs of the other side). Please be aware that any legal advice that you take may cost you money as well.

If your application is successful then the CCJ would be removed from your credit file and you would be no longer liable. If you decide not to go ahead with this application for any reason and believe you may owe the money, then please make sure you take full, independent advice about your next steps.

Laura
@natdebtline

rizla_king

A legal forum like http://www.legalbeagles.info/forums may be able to help for free.

Marktheshark

You should counter claim as well, they obviously did not apply and diligence and have defemated your character .
Some compensation should be added to the re-hearing claim.