CCJ Reversal ?

gazzah · 1st November 2006, 23:22

Earlier on this year (March) my wife received a letter from some solicitors requesting money back that she had been overpaid from a previous employer. She had been disputing this amount for about 3 years getting no where and refusing to pay anything until she could agree the correct sum, every time she got a letter from them the amount kept reducing !! She thought she had got it sorted not long after the solicitors got involved and agreed to pay £15 a month to pay this money back. She has just received a copy of her credit report and has noticed that a CCJ has been entered against her for this debt. She was told at the time by the solicitors that this agreement would not go against her and had no idea a CCJ had been issued. Is their anything she can do to get this CCJ struck out as it is now 7 months down the line. any help would be most appreciated.

sarah13 · 2nd November 2006, 01:02

i would try to speak to a free legal advice centre (call your local citizens advice bureau to get a contact) i have had some experience of ccj's but i did know about them. Unfortunately the courts do not give advice on these matters. As i understand it, it is very hard to get a ccj 'set aside' (thats what they call it)after 1 month of issue. good luck- keep us posted.
sarah

gazzah · 2nd November 2006, 14:55

Thanks Sarah, but does anyone on here have any other suggestions it was listening to solicitors that got me in this mess in the first place.

andrew1 · 2nd November 2006, 15:14

Before a county court judgement is awarded, your wife would/should have had a summons served upon her an ' N1' form with the opportunity to respond within 14 days. Did she not get this?

gazzah · 2nd November 2006, 16:26

She did get some forms from the court , as she had already agreed to a repayment plan with the sols she gave them a ring to ask what to do with them. She was told to complete the admission part and return them to the sols NOT the court. If we only knew then what we know now eh ! As a matter of fact the first payment to them even came out of the bank a couple of days before the court date.

nathal · 2nd November 2006, 16:32

if you did not receive the court papers then you wouldnt have known about court date and so the ccj would be set aside

if you didnt defend the judgement u can get it setaside because you didnt defend.

the solicitors might try to re issue or try again with another ccj which could be defended or disputed

if a ccj is paid within a month of issue it can be removed

gazzah · 2nd November 2006, 16:48

She knew about the court date from the papers but assumed that it would be cancelled as an arrangment had been agreed and from what the solicitors told her. As she admitted the amount on the court papers which were sent back to the sols not court has she was asked to do and therefore didn't defend her case, can she still get it set aside this long after and if so how does she go about it?

nathal · 2nd November 2006, 16:54

that sounds a reasonable arguement for a set aside and to redefend is the amount is disputed.

if the setaside is achieved and the solicitors are paid then they have no reason to apply for another ccj

also in issuing a ccj the judge is only saying that yes or no the defendant does/nt owe the money

obviously ccj was obtained by default, as you did not defend

gazzah · 2nd November 2006, 17:03

right then, the amount is not in dispute however they did add on interest and court fees etc to the debt virtually doubling the amout owed. so how do we go about asking for a set aside, what forms etc do we need to complete ? sorry for all the questions but never done anything like this before.

nathal · 2nd November 2006, 17:06

apply to the court for a setaside

make sure you know what option you choose before you start

the case must have went to court as their is a ccj even though the sol said it was for them

gazzah · 2nd November 2006, 19:58

Nathal, Thanks for the advice, I assume that I use the N244 form and complete all the claim number etc from the original judgment, would it be best to let it be dealt with without a hearing and enclose copies of the letters I have etc or ask for a hearing, (I am no where near the court where the judgment was made). the form looks ok for filling in but which address do I put in the details about where claim documents should be sent, is this my address or the solicitors ?

nathal · 2nd November 2006, 21:22

im not 100% sure on the fine tuning, but if you apply to court for set aside and pay their fee.

you will also have to inform a registry that reports to cra's to remove it for a fee of £8 i think

nathal · 2nd November 2006, 21:22

if you get stuck along the way, post your questions in the legalities section

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