Help with CCJ

edothaggd

Hi,
So long story short I moved out of the UK for 18 months and during that time a family member of mine took out 4 credit cards and a loan out in my name without my knowledge, he then never paid them and 1 has gone to a CCJ.
I've contacted all the companies and all apart from the company who applied for the CCJ are willing to work and help me. However the company holding the CCJ aren't they have essentially told me to take them back to court and the court charges a fee of £255. I'm a student who works a minimum wage job I can't afford to pay £255 out. Surely there must be a way around this as I just can't understand how our country allows a system like this. If you can't afford to defend yourself you must be guilty.
Any help would be greatly appreciated.

[Deleted User]

You need to either pay it or report that family member to the police and Action Fraud - though obviously they will face the consequences for that

System

Yes, there is a way around it.
Either you pay it (and legally agree the debt is yours).
Or you call the police.
Sorry but it's that simple. You are the victim of fraud.

eskbanker

Insist that the offending family member (or others on his behalf if necessary) stumps up the £255?

edothaggd

Hi I've contacted the police and they are saying I'd still have to pay the court fee. After rent, transport to work etc I'd be left with around 55 for the month for food which would be a struggle.
All the other companies are accepting it with my proof that I wasn't in the country and the crime report but it's just that court fee. I don't have contact with anyone in that part of family now largely due to this.

edothaggd

I checked on my ability to get an exemption but I earn minimum wage for my age which is 100 a month more than what I must be under to qualify as exempt

Willing2Learn

edothaggd wrote: »

Hi I've contacted the police and they are saying I'd still have to pay the court fee. After rent, transport to work etc I'd be left with around 55 for the month for food which would be a struggle.
All the other companies are accepting it with my proof that I wasn't in the country and the crime report but it's just that court fee. I don't have contact with anyone in that part of family now largely due to this.

If it were me, I would repost your question on the legalbeagles forum (in the court claims section). They specialise in legal advice and guidance.

https://legalbeagles.info/forums/

Exodi

£255 is the normal set aside fee and I can't seem to find a clever way to resolve this without setting aside.

Definitely go to Legal Beagles for advice...

chattychappy

Read up on set aside. Though it would normally be granted in a situation such as this, you do need to fill in a form, provide a witness statement and attend a hearing. You must also apply as soon as possible.

The fee is standard. If you have too much money to get an exemption, then it must be paid by you.

Or, if ask the lender to apply to set aside the judgment by consent - the fee will be lower and they will pay. No hearing required. If they refuse then apply yourself in the normal way and have a hearing. In your witness statement refer to your attempts to resolve with the lender - the court has the discretion to require the lender to pay back your fee.