Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
HI Everyone after a bit of advise, HFC took me to court a couple of months ago for the sum of £1584.01 with court costs £1739.01 regarding a loan taken out in 2003, i did not defend this because i had no paper work regarding this loan,i now have the paper work from them and it turns out that i had paid all but £249.03 of this loan the rest is made up of charges, so my questions are
1 is it to late to ask for this money to be paid back as i did not defend the claim when it went to court.
2 can i ask for the ccj and court cost to be removed even though i did owe them some money when it went to court just not the amount that was stated.
3 i have been paying them £291 a month for the last 2 months should i still carry on paying as its a court order.
Hiya fanny, CCJ's are a bit out of my area, I will put up a flag and see if I can get a Mod who knows about getting CCJ's set aside to have a look at your thread. I know it is possible with the right circumstances but they will know how to go about things.
Write to each of the credit reference agencies as listed, not forgetting to enclose a £2.00 postal order/cheque for each of the agencies that you write to.
Then fill out form N244 giving all of the details relating to your county court judgement and give a reason for having the judgement set aside.
Send off form N244 to the county court and ask that they acknowledge receipt of this form, this will normally be done in any case. Once you have received a receipt or confirmation that they have set the judgement aside you can then send this letter on to the credit reference agencies that have the county court judgement on your file.
Until such time as a new hearing takes place, your records will be free of the county court judgement.
You should then file a counterclaim for the money you are owed.
Also more questions LOL where do i get the N244 form from is it my local court and do i send it to the court where the ccj was awarded. when a new hearing takes place will i have to appear in court the reason i ask is i work away alot so if i have to appear could i nominate someone to go on my behalf, my wife said she would do it.
If you carry on paying it shows you have the intention to clear the debt and your not just trying to pull a fast one so it will look good to the court.
People who appear in court should either be the litigant in person (you) or your legal representative (a qualified solicitor or barrister) the problem with sending someone else is they are not named as part of the legal action in the documentation.
After some advise please
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