CCJ Advice

Wonderer17

Hi all.

I’m hoping for a bit of advise on hopefully getting a CCJ set aside. The debt in question was originally littlewoods, and for a laptop. The laptop didn’t arrive and I therefore requested they send another, which they did. Now...they double charged me for the laptop even though the first never arrived. My credit limit was £600, and the laptop cost was £599 (per laptop), therefore it would have been impossible to go over my limit and order a second.

I should have sorted this at the time (around 7 Year’s ago) but I didn’t, being young and naive. A CCJ was issued last February just before the default dropped off my file. The CCJ was issued to a previous address.

My question is...what are the chances of the CCJ being set aside due to the amount being incorrect and being double charged (have emails to back this up stating credit limit etc)?

Also do I need to provide proof when I send the N244 form or do I wait until the hearing?

I would really appreciate any help or advise?

Thanks

sourcrates

You need a defence with a reasonable chance of success in order for a set aside application to be approved.

As you have admitted, you should of sorted this out at the time with Littlewoods by making an official complaint.

It would be at the courts discretion if they allowed your set aside appeal, unfortunately it’s impossible to say how it will go, also take into account the fee for the set aside is £255 (remission is available for those on a low income), maybe run your case past national debtline first.

Wonderer17

Thanks Sourcrates. Would the fact that the debt is for an incorrect amount (with proof) not be a reasonable defence?

I think I will speak to national debtline. Appreciate your time and advice.

National_Debtline

Hi Wonderer17


If you do end up getting in touch with us, it might be worth exploring the full timeline in more detail as well - it's not beyond the realms of possibility that the debt may have become "statute barred" (see fact sheet link below) by the time it went to court, even if the default was yet to drop off your file. Something for you to query, perhaps.


https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx


Dennis
@natdebtline