Consumer Action Group envelope labels
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NW11 7PE
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16th June 2007, 18:26
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#8 (permalink)
| | Classic Account Customer | Re: Dvla Ccj's Ok I found some more info about this!! 3. Request removal of unfair/incorrect judgements.
Some judgement(s) may heve been unfairly or incorrectly awarded against you. An N244 form is used to request to a court to remove these. Forms are available free of charge from the courts, or you may download a N244 form here. Complete the N244 giving details relating to your county court judgement and give a reason for having the judgement set aside. Possible valid reasons to have a CJJ set aside are:- - Fraud and Identity theft. Somebody used your name or address to obtain credit, which resulted in a County Court judgement without you knowing.
- Not given 28 days notice to pay.
- Incorrect address when the summons and judgement took place.
- Summons not received, not sent by recorded mail.
- Unable to attend court and defend yourself.
- The judgement should not appear on the credit files if it debt was settled within 28 days.
- In case of agreement to settle 'out of court' with the plaintiff, you should not have received a Judgement.
- If you did not receive any notification of the judgement/s made against you, then you can appeal.
- Acceptance of full amount of the judgement at the time, but now only agree partially
- Summons taken out against both yourself and another person jointly one only one party received summons
- Inavailability /out of the country, etc between the issue of the summons and entry of the judgement.
- Summons received late, so not given 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been made.
I used the form mentioned above to tell the court that i had not received any papers regarding the action against me. Now as most of the court papers like this are sent out in the regular post they have no evidence of your receipt of them.
If they cannot prove you received the papers then they have to have the judgement set aside which means it is removed from your credit file. This will take 4-6 weeks in total.
Rgds
Woolfie
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If you are happy with the advice i have given please click the scales of justice above and give me a vote!! Thanks. Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Barclaycard 1- £520 claimed – settled Barclaycard 2- £435 claimed - sett;ed RBOS 1 £190 claimed - settled RBOS 2 £6500 claimed initial letter sent 26/6/6 EGG £300 claimed – LBA sent 22nd June Capital 1 £200 claimed – settled |
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