CCJ Set Aside application

Sarge1

[FONT=&quot]Please heIp, I tried to get accommodation and was unfortunately told that I have a CCJ and could not rent and I am now in a bad place, I believed this to be an error, therefore I carried out a credit check which revealed that I had a CCJ issued 2months ago, thus I telephoned the court to find out who it was issued by, and it was an energy company.[/FONT]
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[FONT=&quot]I have paid off all and every credit card / phone bill and I have done this for years , I am excellent in paying my owed bills, loans never missed a payment etc.[/FONT]
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[FONT=&quot] This energy company and I have had numerous disputes over miscalculations with my bill and thier overcharging me, the last conversation I had with them was last year, where I informed them on the phone that I was moving address and gave the new address to them and warned them about complaints, this was over the telephone, at this point there was still outstanding balance that was not paid over this dispute. I also redirected my mail to my new address.
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[FONT=&quot]They must have gone for a CCJ and sent it to a very old address (not my last known address) . Actuually, 3 address prior to thier billing address they sent it to (can be seen from credit check address history). They issued the CCJ in my absence of £315 . I did'nt even get the chance to challenge it and it has ruined my credit and life as I cant meven get accomodation (I am lodging).[/FONT]
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[FONT=&quot]Please I need help with this CCJ, how can I reverse this and get the CCJ removed as soon as possible?Help with an application statement?[/FONT]




[FONT=&quot]I also stumbled upon this article and it describes how I feel. Insert the title below into Google as Im not allowed to post links as a new member.
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[FONT=&quot]"[/FONT]Government crackdown on unfair CCJs by rogue companies"[FONT=&quot] [/FONT]

fatbelly

This factsheet explains the process

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

National_Debtline

Hi Sarge and welcome to the forum


A set aside is where you ask the court to remove the CCJ and allow the court process to begin again. This time you get the chance to respond. Usually you need grounds to dispute the debt when applying, not receiving the court papers is not enough. However if you can prove the claimant knowingly sent court papers to the wrong address then the court may agree to the set aside on the basis you did not receive the court papers.


It's worth seeking legal advice on your grounds for disputing the debt as if your set aside application, or subsequent defence, is not successful you can incur further costs. Try searching online for any local Law Centre or Law Clinic who may be able to offer free legal advice.


The factsheet fatbelly has linked does talk you through the set aside process, and you can also contact one of the free debt advice agencies for more help. Good luck with it all.


Susie
@natdebtline

Sarge1

Could you name any good free initial legal advisers?


I would have thought that I should be entitled to defend my self . I addition, I did not even get the chance to defend myself and was issued a CCJ at an old address that will affect my life for 6 years. I did not evcen get the opportunity to pay it off after the initial month. This is absolutely injustice particularly that I have found out I would need to pay £255 and it could be rejected. I have lost all faith with this system it sounds like it is not work doing the setaside.

fatbelly

I think it's generally agreed that the system is flawed, and that it's abused in some cases - maybe yours.

National Debtline can assist you. Some CABs have specialists but that's a bit hit and miss.

Online, legalbeagles have been very helpful to many.

All these are free

GM1880

Yes, I'd give legal beagles a go, they were very helpful to me. I was in a very similar situation to you, though I think you're even more non-guilty than I was.

In my case, it was a CCJ from 3 years ago that was set aside on the basis that the claimant sent the CCJ papers to my old address and I could readily prove they had the new address. But, it was over 3 years ago, yet still the court set it aside. I think based on what you've already said, you have a good case.

The main issue would be potentially proving you told them your new address or at least prove that they had one of your later addresses than the address they sent the papers to. Do you have any correspondence from them to any of your later addresses than the one they sent the CCJ to?

If push comes to shove could you pay it off?

Also, renting with a CCJ is doable, you just need to be up front and say you have one, explain it's in dispute and prove that there is no question of affordability. If you say you don't have a CCJ, then the landlord finds out you do, it's understandable you'll be instantly rejected given it appears you're being dishonest. Be up front and open and you'll have a chance if you meet affordability criteria.

MEM62

Sarge1 wrote: »

This is absolutely injustice particularly that I have found out I would need to pay £255 and it could be rejected. I have lost all faith with this system it sounds like it is not worth doing the setaside.

Our legal system is not perfect but there is no such thing as a perfect system and sometimes due process and justice part company. However, giving up is not the answer. If you dispute the debt and believe that the court paperwork was not sent to an address that it should not have been then fight your case.

Sarge1

I have bills, with my billing address which was the most current address until I moved out.But they sent the CCJ to about two address before that.

I found a flat, but they all want 3 months rent as deposit and I cant afford it in London. I can't get a simple mobile phone contract, or broadband dongle, not the loan I have been working for 5 years to build up a reputation as an earner to get , I cant even get a credit card. My credit is totally stuffed and I have paid off every bill/loan/credit card in time .


I can pay it off as its £350 but I would want the CCJ to vanish.

MEM62

Sarge1 wrote: »

I can pay it off as its £350 but I would want the CCJ to vanish.

Have you spoken to BG on this issue? What is their response, particularly to the question of the address?

sourcrates

Remission of the £255 court fee is available if your on a low income.

Form EX160 would need to be filled in along with the N244.