ccj helpppppppppppppp

lifesuckssometimes

hi update here
Valid reasons to have your judgements 'set aside' (to be used on n244 form)


Introduction

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.
We have listed quite a few valid reasons below.

1. Were you given 28 days notice in order to pay?
2. Were you living at the address when the summons and judgement took place?
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
4. Did you receive the summons? They are not sent by recorded mail.
5. Maybe you were unable to attend court and defend yourself.
6. The judgement should not appear on the credit files if it was paid up within 28 days.
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

Lastly...

You can use any of the above reasons to have your judgements set aside.
Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.
This gives you the chance of having your judgement/s removed forever

nov1970

What should i do with ccj forms recieved do i need to fill these in and return them? if so do i admit the claim?

GeorgeUK

I'll have a look through other posts - something familiar here.

I'm not sure if you should admit the claim. Have they offerred proof that they are allowed to collect this debt? Have you any letters from the original creditor as to who you should be paying?

I'm going for a quick rummage. Back soon.

lifesuckssometimes

nov1970 wrote: »

What should i do with ccj forms recieved do i need to fill these in and return them? if so do i admit the claim?

1. Did you receive the summons? They are not sent by recorded mail.:D . now did i NO I DIDN'T.

THIS GIVES YOU TIME TO TALK TO CAB DO NOT CONTACT THEM BY PHONE ONLY LETTER AND COPY AND SEND RECORDED. I would see cab before doing anything. you have time if it is in a few days you are seeing them.
admit nothing to debt collectors. let CAB act on your behalf.

sorry i could not be of any help. gook luck and it will be fine..

louise1111_2

who is original creditor and who has applied for CCJ?

do you want to defend the claim? are there a lot of charges added to the account?

sorry for questions but need to know full picture to work out defence!

there should be reference number on the claim form with a password. log on to the court site it gives you and you can put you are defending the claim. this will give you 28 days to file a defence.

louise1111_2

you must acknowledge the claim otherwise they can get judgement by default

GeorgeUK

some info in this thread, not quite what i was looking for but it may help.
http://forums.moneysavingexpert.com/showthread.html?t=917617

nov1970

The original debt was with hsbc then it got passed on to cahoot who i had agreement with, the form shows a solicitors name court fees over £600 can i dispute the claim due to thinking i had aprior agreement with them to pay or will this not work?

lifesuckssometimes

nov1970 wrote: »

The original debt was with hsbc then it got passed on to cahoot who i had agreement with, the form shows a solicitors name court fees over £600 can i dispute the claim due to thinking i had aprior agreement with them to pay or will this not work?

Did you have an agreement in writing , if so did you default on any payments

GeorgeUK

Here's a little more info on filling in the forms. Got the links from one of Fermi's posts.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=20_replying_to_a_county_court_claim_form
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

And in the words of Stapeley

Once you get court papers, if you defend it will be moved to local court . I would CCA AND NOTICE OF ASSIGNMENT request THEM . Remember No signed copy of a credit AGREEMENT , NO ENFORCEABLE DEBT .