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Please help CCJ!
Bas1989
Posts: 1 Newbie
I have received a CCJ this week in the post from Northampton court from lowell, for what I think is a very account for £900.
The account was in my name but was not used by me, was used and controlled by my ex partner who was extremely abusive and violent towards me. I left this partner two years ago and have an injunction against him and custody of my child. Due to the nature of the abuse I suffered, I have suffered with extreme mental health issues, I am on strong antidepressants and receiving therapy. Sounds silly but I have a really bad fear of opening mail.
So my mail has been getting managed by my family. My uncle promised me he had sent a defence for this CCJ but I don't think this was the case.
My question is, if I send a letter now do I have any chance in setting the CCJ aside or is it too late?!
The account was in my name but was not used by me, was used and controlled by my ex partner who was extremely abusive and violent towards me. I left this partner two years ago and have an injunction against him and custody of my child. Due to the nature of the abuse I suffered, I have suffered with extreme mental health issues, I am on strong antidepressants and receiving therapy. Sounds silly but I have a really bad fear of opening mail.
So my mail has been getting managed by my family. My uncle promised me he had sent a defence for this CCJ but I don't think this was the case.
My question is, if I send a letter now do I have any chance in setting the CCJ aside or is it too late?!
0
Comments
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You can see whether your uncle sent in a defence. If it says in the top left hand corner 'judgement by default' he did not
In order to set aside a ccj you need:
a reason why you did not respond to the claim
to act promptly
a defence with a reasonable prospect of success
you would apply on an n244. Good luck
https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx0 -
Hi Bas1989
I’m sorry to hear what has happened. Fatbelly is exactly right in his summary of the set aside. If you decide to go down this route I would also advise you to seek legal advice as you can incur further costs if your set aside, or subsequent defence, are not successful.
If you admit to taking out the catalogue but only due to the abuse from ex partner this is called ‘undue influence’. It’s a complicated area and you would need advice from someone legally trained on your chances of success at court. You can look online for possible free legal advice, google Law Centres and Law Clinics. Good luck.
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Lots of help, information, and legal advice available here, including details of the set aside procedure, the site is run by two solicitors, :
http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-ClaimI’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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