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CCJ In Default - Too late for N244?

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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    I think attempting a set aside could end up being a costly exercise. As I said earlier convincing a judge that having ignored all other paperwork you didn't ignore a claim form will be an uphill struggle even if you didn't get all the correct paperwork.

    It boils down to which is the most likely. You clearly received a great deal of paperwork and appear a little vague as to what you actually did receive from the court. That really won't help your case.

    I think the most prudent course of action is to pay it asap (like now) and learn from this.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Indeed, pay up seems prudent. You lack a good convincing reason as to why you apparnelty ignored the N1 claim form.
  • Mate, you got a solicitors letter saying we're gonna take you to court AND subsequent court papers in the form of particulars, which should have revealed this was "live" yet you still didn't enquire?

    If you apply to set aside, there is a risk the claim form will be deemed service as the relevant step is only to pop the claim form in the post. After that, though, there was a degree of willful blindness, I fear.

    Your call.
  • Phace
    Phace Posts: 5 Forumite
    Okay I am going to pay, any further pointers I need to know regarding payments? and not having the CCJ appear on record?
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Follow what the judgment says regarding payment. There must be something about either paying the court, or paying the claimant and notifying the court.

    It seems you're still in time (just) to pay this and get the CCJ de-registered so it doesn't impact your credit record. (A de-registered CCJ is as if it was never registered in the first place).

    Then get the numpties who told you to ignore to contribute towards/pay you back for the amount of the judgment.

    Thanks to Quentin for clarifying the "registered" point.
  • Quentin
    Quentin Posts: 40,405 Forumite
    You pay the claimant not the court.

    To be sure you get this removed from the register then sort it yourself by sending a sae with the payment and ask them to send a receipt (or enclose a proforma receipt for them to simply sign)

    Then when you have the receipt in hand contact the court to get the register amended
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Make sure date of payment is recorded somewhere, in case they delay.
  • Coupon-mad
    Coupon-mad Posts: 153,316 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are too late to post a cheque, it won't be cleared funds/not paid in time.

    You would have to phone them tomorrow morning and pay by card, and stay on the phone until they email to confirm the charge is paid in full. And I mean, stay on the phone.

    This is the one time to phone a PPC. If you can't pay on Friday you may as well do the set aside anyway, because paying with funds cleared next week is too late and leaves you with a wrecked credit record for 6 years, anyway.

    This is the credit clamping the Government pledged to stamp out, then did nowt. Complain to your MP once you have acted to either pay it tomorrow and get proof for the court, on the spot, or have decided to try a set aside next week.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Phace
    Phace Posts: 5 Forumite
    The number included on the LBA is for automated payment. Northampton CCBC gave me a number for their legal team but goes straight to answerphone. I paid online instead and that gave me a receipt to print out. CCBC advised I call back weds/thurs to cancel the entry on the Register of Judgements, Orders & Fines.

    I have also contacted the landlord by phone who says he has relinquished ALL rights and controls to Civil Enforcement Ltd for the carpark by entering into the contract, he is bound for roughly 3 years. He also says he did inform each shop tenant of these changes despite no change to their tenancy agreement.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Wow, so the landlords pretty stupid then.
    Shops TAs are being screwed as well.
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