How Do I Appeal A CCJ?

catandy

Hi

how do I appeal a CCJ - I got home to open the post today to find I have a judgement for a CCJ against me. The debt has been held by a DCA since March and for a credit card. I wrote to them back in early March asking for them to prove they own the debt as I had another DCA that had been chasing for the same debt - I didnt want to pay both of them. They sent thru the proof dated 22nd July and I have put together a revised SOA and offer to them along with all my other creditors. That was sent off after 24th July (payday and about the only time I have money in my account)

I didnt receive the form from the court to say they were issuing a CCJ against me or the form so I could get an offer accepted. I did however receive the judgement form from them today.

anyway I can get it set aside?

on another note the CCJ says I have to pay them £100 per month to clear the debt - that means my finances are messed up big style and I will be back in the situation of not paying some bills again.

any advice gratefully received

WhenIam64

I didnt receive the form from the court to say they were issuing a CCJ against me or the form so I could get an offer accepted. I did however receive the judgement form from them today.

Have you changed address? The court sends out the paperwork and work on the presumption (51%) that any letter sent is received. Royal Mail have a 90%+ success rate so saying you didn't receive the mail takes a bit of work to prove.

catandy

I didnt receive the paperwork from the court - I received numerous threatogram letters from the DCA saying they were applying for A CCJ but never got anything from the court until today.

WhenIam64

Two tests for a set aside. The first is that you didn't receive the court paperwork.( See earlier comments). 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, do you have a defence?

catandy

defence is I have made an offer to the dca in the last month in the time the CCJ was being issued. I only didnt make an offer immediately as I was checking the current DCA actually owns the debt - its been sold on 3 times now and I wanted to make sure I was making payments to the correct company.

sourcrates

catandy wrote: »

defence is I have made an offer to the dca in the last month in the time the CCJ was being issued. I only didnt make an offer immediately as I was checking the current DCA actually owns the debt - its been sold on 3 times now and I wanted to make sure I was making payments to the correct company.

I’m afraid that does not constitute a defence in the eyes of the law.

A defence would be, either you don’t owe the money, you have already paid the debt, or the debt was statute barred before judgement was granted.

You don’t deny owing the debt, so the judgement is sound, you can apply to the court to change the monthly payment amount.

catandy

so I take it I write to the court and provide a SOA and state what I can afford to pay them same as I do with all the other people of my DMP?

sourcrates

catandy wrote: »

so I take it I write to the court and provide a SOA and state what I can afford to pay them same as I do with all the other people of my DMP?

You need to fill in court form N245 to apply to change the payment amount.
This is called an application for an Instalment Order.

boo_star

catandy wrote: »

so I take it I write to the court and provide a SOA and state what I can afford to pay them same as I do with all the other people of my DMP?

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/changing-a-court-order-for-debt/ tells you what you need to do.

catandy

many thanks for all your help