I've paid the bailiffs and still have a CCJ. How do I utilise the N244 Form?

denlappy

Disclaimer: Not a sob story but Its been a stressful few months with family so this whole journey with courts and this parking ticket is riddled with mistakes on my behalf. I definetely could have been a bit more on the ball. But here we are....

I stupidly missed the deadline to submit my defence to the courts.
I automatically lost the case.
I received a letter saying a judgement had been made against me and I had 1 month to pay to reverse it. The amount was about £750.
(I've lost this letter but called the courts and they confirmed yes i had 1 month to pay this)

I paid within 14 days but then received another letter saying there was a further (£250) to be paid as the claimant had demanded a high court Writ like 3 days after the CCJ was awarded.

Spoke to the courts as they were the ones that said I have a month to pay. They also seemed confused and said on their system this was paid by me on day 14 but they can't do anything until the claimant tells them it is 'paid in full' ? They said I should get legal advice.

I spoke to the citizens advice bureau. They basically initially made me think this should be okay to battle as they don't really have grounds.
The feeling I was getting from both the Courts and Citizens advice was that the claimant can't really do this as I was initially told 1 month. 

I sent a complaint by email as advised.
The claimants responded to my complaint by email basically outlining what I already knew which is that they asked for a high court writ on this day and an enforcement agent is coming etc etc.

I forwarded the email back to the citizens advice bureau and they basically said yeah you should probably just pay it lol

Which basically took me to like week 5/6 since the CCJ was awarded. 

I've lost about 1k and I want to get the CCJ removed.

What can i do?

DullGreyGuy

When a county court judgement is made you have one month to settle the payment otherwise the judgement will appear as a CCJ in the Register of Judgements which the credit reference agencies pick up and display as part of your credit history.

For any judgement over £600 the claimant is entitled to escalate the matter to the High Court for a writ of control . To the best of my knowledge there is no minimum period between judgement and applying for a writ though most obviously wait to see if payment is forthcoming to avoid the extra cost/time. 

N244 is used to set aside a judgement and would only succeed if there was a very good reason as to why the whole legal process should start again. From what you say you simply forgot to file the defense which isnt going to be an acceptable reason and so the application would be denied. 

https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

You need to apply to the court with evidence from the other side to show that you paid the debt in full within 1 month and request that the judgement be removed. If the other side wont confirm you've paid in full then you use form N443  and ask for a cancellation. 

denlappy

I've just had word from the court that the CCJ has been cancelled and was paid in full within the month.
My certificate of cancellation has the £750 amount not the extra 250.
I guess I no longer need advice here....
Unless theres a way I can get the 250 back ? 

KeithP

I asked MSEForumTeam to move this thread here from the main Motoring board.

Coupon-mad

denlappy said:

I've just had word from the court that the CCJ has been cancelled and was paid in full within the month.
My certificate of cancellation has the £750 amount not the extra 250.
I guess I no longer need advice here....
Unless theres a way I can get the 250 back ? 

Send me a pm and I'll try to assist.  I want to raise a formal complaint about what this bunch are doing. This is DCBLegal and DCB Ltd, isn't it?