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  • sourcrates
    sourcrates Posts: 31,610 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    CCJ was issued long time past the 6 years of no contact from my side whatsoever - can I do anything about it at all? Thanks for that.


    There are two tests for a set aside. The first is that you didn't receive the court paperwork. The second is that you have some form of defence.

    To get a set-aside you pay £255 for a hearing in front of a judge to explain how you meet the two tests. If you fail, you still have the CCJ and you are down £255.

    If you leave aside the mail issue, your defence would be that the claim was statute barred at time of judgement.


    You can get up to full remision on the court fee if on a low income.


    N-244 available here :


    https://www.gov.uk/government/publications/form-n244-application-notice


    EX-160 (remision form) available here :


    https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
    I’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-letter
  • SusieT
    SusieT Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Work laptop has an asset tag on it, phone does not. Laptop is quite expensive, 3/4 of the dent value (more less) and new as only issued to me last week to replace old one. Phone is not new.

    CCJ was issued long time past the 6 years of no contact from my side whatsoever - can I do anything about it at all? Thanks for that.
    So it seems that yes there is something you can do about it. Please look carefully at the post from Sourcrates above, follow both the links, and put in the forms as soon as possible. Ask on here about filling them in so that everything is correct.
    Personally I would SAR the original creditor and the owner at the time it was taken to court, to see if there is anything in the way of magic cash payments as a just in case.
    You will get a reference from the court before the baliff date and that should be enough to hold them off. Send it to them by email, and the advice still remains that you do not under any circumstances let them in.
    Make sure you turn up to the court date, it is very likely that a small cash payment will have magically been applied to the account within the 6 years (hence asking for full details of the account), you must challenge that to make sure they know it was not from you and is wrong. Use the court duty solicitor, and get the judgement removed.

    Hopefully someone with more understanding will correct anything I have written that is wrong, or, add anything I have forgotten. But get those forms in fast.
    Credit card debt - NIL
    Home improvement secured loans 30,130/41,000 and 23,156/28,000 End 2027 and 2029
    Mortgage 64,513/100,000 End Nov 2035
    2022 all rolling into new mortgage + extra to finish house. 125,000 End 2036
  • MEM62
    MEM62 Posts: 5,323 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    MEM62 wrote: »
    I have a feeling that you advice, sound though it is, will fall on deaf ears.
    Not sure what was the need for this comment?

    Good advice has been offered by experienced and knowledgeable members of these forums and, based on the OP's reaction to that offered so far, it would appear that they are going to plough their own furrow regardless. The point of the post is to draw attention to the fact that, whatever further effort is made, the OP is unlikely to benefit from their posts.
  • gettingready
    gettingready Posts: 11,330 Forumite
    10,000 Posts Combo Breaker
    MEM62 sorry but your post .....total and utter nonsense. And as I am not here to argue with anyone so will leave it here - with you. And just ignore any more posts from you on here.
    ****************

    Thanks for all the advice everyone who posted on topic, very helpful.
  • gettingready
    gettingready Posts: 11,330 Forumite
    10,000 Posts Combo Breaker
    Update - it is 7:50pm, I was home all day and nobody turned up.
    Letter said between 8:30 am and 9:30pm - when I looked online it says they are not allowed to come after 9pm?
    Why would the letter say 9:30pm then?
    Interesing

    I am NOT going to let them in, stayed at home just to see if they do turn up... they did not so far
  • gettingready
    gettingready Posts: 11,330 Forumite
    10,000 Posts Combo Breaker
    oh dear... so they are not even bayliffs, they are debt collectors....

    https://www.scottishtrustdeed.co.uk/creditor-details/hoist-finance-uk/

    and no, they did not turn up, guess it was planned as a scaring tactics
  • gbhxu
    gbhxu Posts: 431 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    Update - it is 7:50pm, I was home all day and nobody turned up.
    Letter said between 8:30 am and 9:30pm - when I looked online it says they are not allowed to come after 9pm?
    Why would the letter say 9:30pm then?
    Interesing

    I am NOT going to let them in, stayed at home just to see if they do turn up... they did not so far

    In my book, they now owe you for staying at home for 13 hours.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Tenth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 31 August 2019 at 12:34AM
    gbhxu wrote: »
    In my book, they now owe you for staying at home for 13 hours.

    Nah, I tried that one with a debt collector who took 10 weeks to get a copy of lease to me when I said I'll charge you interest - and even then it was made out in the previous occupier/owner details. I have no idea yet how to protect future payments being used against the hideous charges.

    I've now paid £1000.08 as the original debt and have charges of £827.00 to face in 4 months and my only hope is the toothless Ombudsman can step in. I'm not hoping for much. :rotfl:
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