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Legal Issues Advice and guidance on dealing with court action by a creditor


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 27th July 2008, 19:57   #1 (permalink)
MAD AL
Basic Account Customer
 
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Posts: 3
MAD AL Novitiate
Default Advice on setting aside CCJ

I have a CCJ registered against me by a DCA

See my other thread for details


I am waiting for the S.A.R - (Subject Access Request) request that i sent to Barclays to be fulfilled but i think i have enough ammo to get the CCJ set aside now

Specifically

I wasnt at the address the CCJ was registered to at the time - would have to provide a sworn affidavit for this as i dont really have anything to prove this

I have no recollection of receiving the default or summons so i presume that judgement was entered against me automatically as i wouldnt have responded to any of the requests as i wasnt at the address - it was a student address which i had moved out of about 2 months earlier

The vast majority of the CCJ amount must have been charges - will need the Subject Access Request to confirm the exact amount

I didnt receive notification of the judegement - hence no option to appeal

I left the country for 2 months around 3 weeks after the judgement date

Is it worth submitting an N244 now or waiting until i have everything back from the Subject Access Request request? - if i were to submit the N244 now and it was refused would this prejudice another attempt when i have more information?

Any thoughts or advice appreciated

Last edited by MAD AL; 27th July 2008 at 20:05.
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Old 27th July 2008, 21:35   #2 (permalink)
foolishgirl
Platinum Account Customer
Default Re: Advice on setting aside CCJ

Have you actually made formal application to the court yet to have the CCJ set aside?
If not, suggest you wait for S.A.R - (Subject Access Request) info. to come through to see what is available etc. to make your case. Is the 40 days Subject Access Request deadline imminent?
N244 can be used as part of the court process when you can't get info. you require any other way.

Last edited by foolishgirl; 28th July 2008 at 09:00. Reason: rephrasing
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