CCJ - Living in Scotland

kf181

Hi guys,

Just looking for some advice. Having checked my credit report(s) I can see a CCJ showing which was issued in 2015. My question is would it be worth attempting to have this removed on the grounds that I live in Scotland (and always have done)?

Thanks in advance

Arleen

Do you owe for the thing you didn't pay for?

kf181

No, long story short it involves heating oil and a tenant. Having said that, the debt is only £400 which I can pay, and would be happy to pay if ideally at the same time it would be possible to have it removed?

Arleen

kf181 wrote: »

No, long story short it involves heating oil and a tenant. Having said that, the debt is only £400 which I can pay, and would be happy to pay if ideally at the same time it would be possible to have it removed?

If you don't owe it then why would you pay it? Apply for a CCJ to be set aside on the grounds that you don't owe the money and it will go away.

kf181

The address is my address - in Scotland. I never received any papers, I have only found this due to checking my credit file.

molerat

So how are you responsible, long story needed. A property you own/ed in England ?

If you pay it will show as satisfied, it will not go away.

sourcrates

There are two ways in which to remove a county court judgement.

(1) pay it within 30 days of judgement

Or

(2) apply for a set aside, you must have reasonable grounds to request this, for instance you didn't receive the court papers, or you don't owe the debt.

To apply for set aside you must fill in and return court form no : N244 and along with the requisite fee of £255.00, return it to the court where judgement was made.

The court will then decide wether to grant your application, or not.

kf181

A previous tenant set up a heating oil account in my name but never made any payments, but received a delivery of oil.

kf181

I have read the info on having a CCJ set aside etc. I am just wondering if anyone would have any idea if the grounds of an English county court not having jurisdiction due to me living in Scotland would be seen as reasonable grounds.

ETA - The property is also in Scotland and the address showing is my address in Scotland. I have never lived in England.

baldelectrician

kf181 wrote: »

I have read the info on having a CCJ set aside etc. I am just wondering if anyone would have any idea if the grounds of an English county court not having jurisdiction due to me living in Scotland would be seen as reasonable grounds.

ETA - The property is also in Scotland and the address showing is my address in Scotland. I have never lived in England.

The English courts have no jurisdiction in Scotland.


You can have this set aside as the claim is not valid- they should have taken you to court in your local court in Scotland

Arleen

Weird enough how would that happen, who was the company supplying oil? Or more precisely, whose details are on the CCJ - you will have to phone the court to find that out.

Either way, you want to apply for set aside, first because you don't owe it, second because you don't live in England or Wales. I would recommend getting a legal advice if you can spare the money, as you only get one shot at the set-aside. Contacting the original debtor can also go along the way as they may consent to the set aside (due to you living in Scotland, they won't buy the "tenant did it" story) which makes it much easier.
If you just want the matter to be gone, offer to cover the debt if they will consent to the set-aside. This way they won't be able to chase you up in Scotland for the money again. Otherwise they are likely to file in Scotland against you to pursue the debt after the set aside is resolved.