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Hi anyone know anything about what to do if you have a ccj and want to get your bank charges knocked off - do you contact HSBC, the court or start a normal claim yourself or all three?? any help at all appreciated
A CCJ (county court Judgement) is a matter of record, someone has successfully raised a claim and got a Judgement, this will stay on your credit record for 7 years.
If you are getting bank charges applied to your account start a claim to recover them.
If the CCJ includes an amount that you now regard as being due to unlawful charges then you can apply to the court for it to be set aside on the basis that you "originally agreed to the whole amount and now you only agree to part" or something like that. That ought to work provided that the charges represent a reasonable proportion of the total.
How much is the CCJ, have you settled it/any of it, and how much are you now trying to reclaim in charges?
If the total amount you are reclaiming in charges is greater than the amount you still owe then you will need to start your own case against the bank top recover the charges.
You need someone more expert than I to advise in which order to do things - it may be easier to get the CCJ set aside if you have already won the case about charges
Hi thanks for that - the ccj is about 10% paid off but still includes unlawful bank charges of around 20% of the total plus interest. Yes it is the order of how to go about getting the bank charges etc. knocked off the ccj that I need advice on.
I think the approach to take is to apply for the CCJ to be set aside on the grounds that you no longer agree with the full amount of the CCJ - I think that should work but you need better advice than mine on how to go about it.
I have had a hunt around and it looks like you need to complete a form N24 to have the CCJ set aside on the basis that you do not agree with the figure. Here is a copy of what I found:-
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.
Were you given 28 days notice in order to pay?
Were you living at the address when the summons and judgement took place?
If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
Did you receive the summons? They are not sent by recorded mail.
Maybe you were unable to attend court and defend yourself.
The judgement should not appear on the credit files if it was paid up within 28 days.
If you agreed 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.
Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
It could have been that you were away from the time between the issue of the summons and entry of the judgement?
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?
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.
Thats a very negative answer bed and actualy untrue, all three of us who have posted on this thread have stated fact.
My own response was not the answer Mo wanted because I didnt understand, from the information given, the question, however it was true basic fact about ccj's. Your own response was valid and very helpfull which is why I stopped posting, and Jo's response looks to be exactly what Mo needs or at least the starting point.
This is a self help site, all the information is here for you to find and use for whatever problem you have, a few of us enjoy helping others and therefore are willing to spend time pointing people in the right direction but we cant do it for you.
Thanks for the help you guys, now I know the form to fill in and that info. is priceless!!! I will do that first and begin a claim back at the same time.
Hi long time I know.....I put in application for set-aside on grounds I was ill when original claim and ccj went through and did not get the claim form etc. and that now I wanted to defend claim as included charges and no cca had been shown to court or me! etc. Now the hearing has taken place and it didn't quite go as intended - I prepared well (or so I thought) but the DJ hadn't read my application / case and only bothered glancing at the first few sentences before asking the Opposition to comment. I was not allowed to interupt! then it all went down to 'promptness' and since this was over five years ago that the ccj went through the courts the DJ gave me a few minutes to speak. Even then he and the OP interupted me at will and the DJ completely ignored the rules and law to dismiss the case! Now I have to appeal so need help / advice on how to do that if anyone can help please.......also I think this hearing was a disgrace - at least the dj should have read my arguments and allowed me to expand on them - also the OP lied about what I said in my application and since the DJ had not read it and didn't allow me to object....is there any other way I can complain eg to get a mistrial or something? Also since the OP referred to legal documents but didn't produce them when I requested at the hearing.
Hiya Mo, bad luck , I'm afraid the type of judge you get is totally the luck of the draw, some of them seem to be very anti litigant's in person and tend to favour professional barristers .
I'm actually not sure of your next move but I will flag your thread up for the site team to have a look and hopefully we will get some better advice
HELP! now I have had a baileef around wanting 160 quid in 48 hours since my application for set-aside was dismissed. I can only either put in an appeal now or try a stay of execution on the baileefs warrant - does anyone know where I can find the rules on county courtbailiff regulation or rules or aren't there any as I can't find them only the OFT guidance and suggested procedures for them??
As Pete (CBest) promised, this has been brought to the att'n of the Site Team, but no suggestions have come back yet.
I'll nudge this and mention re the bailiffs and see if this prompts some input.
Have you quantified the exact amount of charges which were included in the original claim against you. What period re charges are you going back from the Judgement. ie are you trying to reclaim charges 6 years back from the date of claim or judgement.
Roughly how much was the claim against you and what amount are you trying to reclaim.
Personally, I think time will very much work against you on this, with the N244set aside Application going in so late.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
I can't quantify them all since they won't send me the statements since I asked for them in 2006 - I am claiming the stat of limitations doesn't apply since I always complained about charges even though I didn't know they were unlawful - just thought they were immoral / ought to be unlawful, also they were aware of their unlawful nature or ought to have known. I was also claiming that as they got a charge on home it is equivalent to a mortgage. I identified around 2.5k charges out of 10k total but their are bound to be a lot more. Yeah I know its late but I read other threads where set-asides have gone through. I claimed as soon as I realised 1. A CCA was required (none has been provided), 2. bank charges are unlawful. Its a personal loan you see, that was transferred without my authority to a bank account which was then closed by them.
question about ccj's
, the court or start a normal claim yourself or all three?? any help at all appreciated
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If you think my post was helpful, please feel free to click my scales 
Originally Posted by moronic
, I'm afraid the type of judge you get is totally the luck of the draw, some of them seem to be very anti litigant's in person and tend to favour professional barristers 
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