Ccj

Stin

Hello!

I just got a Job offer with a Bank, they got back to me that I have 2 CCJ’s £294 and £290 on my credit report and I am not aware of this! I immediately subscribed to Experian and found out the CCJ’s was issued on the 01/2019 and 05/2019 to my old address I left on the 24/2015. I have not been able to contact the court as it’s weekend and they are closed.

I can remember taking out a service plan with Mercedes, after a while I sold the car and I was advised I need to complete payment for the service plan and it was a balance of £290, I set up and standing order with Mercedes Benz for £5.00 every month which started on the 27/05/2017 gave them my new address and they sent a standing order confirmation letter to my new address, Mercedes still takes the £5 from my account till date, but I only noticed yesterday when I was checking my statements to confirm if the standing order has been active and I noticed a credit of £5 with name “DLC” has been coming back to my account which is confusing to me. Any advice regarding this please??

I really have no idea what the other £294 as I always pay my debts or set up a payment plan, I will wait till I speak to the court on Monday!

Thanks

Jonathan_Kelvin

Was the service plan genuinely only five pounds a month? That sounds far too cheap, was this not an arrangement to pay a reduced amount for a limited time?

You say that you were told to set up a payment plan, but is that accurate, were you not asked to pay it off immediately?

twhitehousescat

£294 sounds very much like a private parking ticket with a default claim , contact court ASAP

Stin

No, it was not £5 a month when I took the plan, after I sold the car and paid the finance I thought the service plan ends there too, till they contacted me. The first person I spoke with said they can only take the payment in three instalment, which I advised I won’t be able to.

Later spoke with someone else who went through my monthly income and monthly spending and we agreed on the £5 a month because that’s what I can afford and they still take the £5 till date.

Stin

Oh my days! I will do first thing on Monday. Thank you

xlnc99

looks like the standing order information was incorrect for mercedes hence the money bouncing back into your account, either that or you didnt have the funds to pay it so it came back

Stin

The SO seems correct because the SO payments has been going out of my account since 26 Apr 2017. And I have gone through my bank statements and found out the “DLC” for £5 credit started on the 28/June/2018. My bank said they have no clue what the “DLS” is (Funny)

da_rule

You’ll have to make two applications to set aside the judgments (one for each judgment).

Each application costs £255 (you can get help with court fees if you’re on certain benefits or you’re on a low income).

Have a look at Civil Procedure Rule 13 (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2) as this sets out the grounds which must be satisfied in order to have a default judgment set aside. In your case it would seem to be that the claim was not served on your correct address (which should fall under the ‘other good reason’ category).

Time is of the essence in these cases so you do need to act quickly.

Your application should be made on Form N244 (one for each CCJ) and be accompanied by any evidence (in the form of a statement) that you want the court to consider. Once the application is issued (stamped and sent back to you by the court) you will need to serve it on the other party. The court should also transfer the claim to your local county court for a hearing.

You could, before you make the application, contact the claimants and explain the situation to them and see if they would voluntarily agree to have the judgment set aside. If they will, this reduces the application cost to £100 and will mean there isn’t a need for a hearing in relation to the application. They may be unlikely to agree, but it’s worth a shot and it shows the court that you tried to deal with it by agreement. As it is time limited however, you’d need to set quite a tight deadline on their response.

xlnc99

if the CCJ information was sent to an old address and u informed the creditors of this then u most likely get the CCJ set aside.

But instead of applying and wasting 500 for this i would explain the situation to the debtors first and then get a consent form agreed instead. Cost 100 quid each so saves u 300 and the outcome will be the same

Stin

Thank you very much! I will make all contacts tomorrow, so I know what’s next.

Stin

Thank you. I will speak to the court tomorrow to be exactly sure who took me to court and take it from there.