Cohen & my property

[ginnever]

Anyone care to update please.

[Goldlady]

Hmmm - the CCJ will still stand. It is one thing to get rid of the charging order for lack of CCA but I am not sure how easily you can get the CCJ removed. How long have you had the CCJ?

[AndyOrch]

Hi Ginny I trust you are well

 

To folow on from what Goldlady advised

By Removing a CCJ, we mean notifying credit reference agencies that the terms of the CCJ have been satisfied and that payments are no longer outstanding, or that the CCJ has been removed on appeal. What you can't do is magically remove correct information about CCJs. They will remain no your credit record for 6 years as will any other information about your credit activities.

As soon as a CCJ is made, it is usually entered in the Register of Judgments, Orders and Fines. A credit reference agency will hold details of your CCJ, taken from the Register of Judgments, Orders and Fines. This may be the reason why credit was refused.

Many County Court Judgements are the result of an undefended summons. Often because the defendant is unaware of the response needed, and does nothing, so the court enters a 'Judgement by Default'.

A debt can be paid off but the judgement stays on record because no one asked for it to be 'set aside', meaning noted as being satisfied, simply because they did not know that it was necessary.

If a Judgment is set aside or reversed, for example, on appeal or because it has been paid within one month, the court will automatically remove the entry from the Register of County Court Judgments.

 

In order to process the removal of a CCJ you need the following details:

• The original summons.
  
• The name of the plaintiff. (The one who took out the summons)
  
• The name of the court
  
• The Case Number - Without the case number the courts will not even read an application. If you do not have this, then contact the central registry and ask for details of the judgement and case number. This will cost around £15, paid to the registry
  Contact info:
  Registry of Court Judgements
  Tel: 020 7380 0133
  

Getting a CCJ removed

 

1. Get a current copy of your credit record

 

Write to the credit agencies asking for a copy of your credit file.

2. Find out details for a judgements against you.

 

When the credit reference agencies reply, note the county court judgements against you and using the sample letter below, ask for the court to send you all of the details they have against you for each judgement.

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 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.Not giving ample time to respond
  

4. Write to Finance companies

 

If there are outstanding defaults, make sure the know the terms and conditions required for full settlement, else ask the finance company to confirm in writing the debt in now cleared.

5.Informing the Credit Reference Agencies

 

Once the Finnance company have agreed to have the CCJ removed, you must inform the credit agency.

Your file should now be clear. You should wait about 1 month before writing to the credit reference agency again sending and asking them for an update of your file, which by this time should be clear.

The CCJ will remain on your file for 6 years but potential lenders will be able to see that you have paid the debt.or had judgement set aside

 

 

 

I Trust the above is of help

 

 

 

Regards

Andy:)

[ginnever]

Hmmm - the CCJ will still stand. It is one thing to get rid of the charging order for lack of CCA but I am not sure how easily you can get the CCJ removed. How long have you had the CCJ?

 

 

Thanks

 

The CCJ is from June 07

 

I was thinking that as the Judge discharged the the application for the CO on the grounds of the claimant failed to submit documents supporting that they owned the debt and proof of the amount then how can they obtain a CCJ for a debt that they do not own?? Also is the CCJ still o/standing and do & who do I pay?

 

If that makes sense

 

Ginny

[AndyOrch]

Hi Ginny

 

Did you ever defend the original summons that represented this CCJ?

 

 

Regards

Andy:)

[ginnever]

No,

 

cos I was scared, acted like an ostrich, & didn't believe that HC/CL was entitled to claim any monies from me for this debt as it was originally a debenhams card.

[AndyOrch]

Ok Ginny

 

The CCJ is completely seperate to the CO even though one triggered the other. HC/CL gained judgement by default because of your ignorance (sorry cant think of a better way to put this Ginny) and lack of defence.I will post some information later as regards to your dilemma , leave it with me Ginny

 

Regards

Andy:)

[car2403]

I thought we'd covered this in post #102-#105?

 

You would need to apply to the Court for the original POC before you can look to defend the CCJ, which you would need to do in order to request a set aside of the Judgement as you need to show you have good reason to defend and ask for the original claim to be looked at afresh.

[ginnever]

Ok Ginny

 

The CCJ is completely seperate to the CO even though one triggered the other. HC/CL gained judgement by default because of your ignorance (sorry cant think of a better way to put this Ginny) and lack of defence.I will post some information later as regards to your dilemma , leave it with me Ginny

 

Regards

Andy:)

 

Cheers Andy

 

Did you come across any info?

 

Will I still have to pay this CCJ & who do I pay it to..?

[AndyOrch]

Hi Ginny

 

Apologies for having over looked your thread

 

With regards to your position re CCJ Appeal if the judgement which

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 Complete the N244 giving details relating to your county court judgement and give a reason for having the judgement set aside.As Car quite rightly pointed out you need to contact Court who handled your case and seek details of the Claimants original P.O.C (pariculars of Claim) with view to having the judgement set aside.

 

I hope the above is of assistance.

 

Regards

Andy;)

Edited July 31, 2008 by Andyorch

[ginnever]

Cheers Andy

 

do I still pay on the CCJ & is there a possibilty that the bailiffs can turn up??

 

regards

Ginny

[AndyOrch]

Hi Ginny

 

Are you making and maintaining payments since Judgement? I would advise you to continue till you are successful in gaining your set aside.If you failed to make payments then this would enable the claimants right to seek charging order once again not bailiffs.Bailiffs dont enter into this matter.

 

Regards

Andy

Edited August 10, 2008 by Andyorch

[AndyOrch]

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Edited August 1, 2008 by Andyorch

[AndyOrch]

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Edited August 1, 2008 by Andyorch

[AndyOrch]

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Edited August 1, 2008 by Andyorch

[ginnever]

Hi Just to update you.

 

I never paid the CCJ in the first place because I believed that CL/HC didn't have a right to the money anyway. And if I had paid them anything there would be noway that I would get a refund. | will come to an agreement with the original owner of the debt or if HC/CL prove they are the righfull owners but until They prove the debt is theirs it will remain in dispute.

[ginnever]

I was in court last year at a hearing for a charging order to be applied to my property... I defended it & the judge in my favour dismissed the application.... My question is this... I have recently been made aware that the application for the internim CO is still on the information held at the Land Registery .... How does one go about having this removed. I have been given conflicting information the Land registery say that I can write to them with the Order from the court saying that the case discharged.. The court are saying that write to both the solicitors/ company that applied for the CO & the land registry to have this removed... some posts that I have been ready thro say that althou its only an intermim order and not the final order it will stay indefinate... can anyone comment on this

 

thanks in advance

[AndyOrch]

Hi Ginnever

 

An application can be made to the court for a certificate of satisfaction, this can then be sent to the Land Registry.

 

Regards

 

Andy

[ginnever]

DISCHARGED & NOW ASKING AGAIN:::

 

Thank you. I did received a copy of the court's certificate discharging the application, which I sent a copy to the Land registry who removed the application..

 

Since all of this happened back in 2007, briefly my husband and I have separated & divorce has been initiated Our house has been sold, contracts exchanged with a completion date of the 14.xxx

 

On Thursday both my husband & myself received a letter from the lovely Howard Cohen saying, Please find enclosed by way of service upon you, a copy of an interim charging order together with a copy of the application which is scheduled to be heard in the XXX County court on 27.0xxxxx

 

All of the documents even the letter from Cohen's & the court are all photo copies not one original, which I find strange.. Anyway as I have the certificate from the previous hearing discharging the application, Why are they starting again.?

 

Is this going to have an impact on the house sale & where do I go from here?

Edited April 5, 2010 by ginnever
dates

[Mightyacorn]

DISCHARGED & NOW ASKING AGAIN:::

 

Thank you. I did received a copy of the court's certificate discharging the application, which I sent a copy to the Land registry who removed the application..

 

Since all of this happened back in 2007, briefly my husband and I have separated & divorce has been initiated Our house has been sold, contracts exchanged with a completion date of the 14.04.10.

 

On Thursday both my husband & myself received a letter from the lovely Howard Cohen saying, Please find enclosed by way of service upon you, a copy of an interim charging order together with a copy of the application which is scheduled to be heard in the XXX County court on 27.04.2010 @ 14.45

 

All of the documents even the letter from Cohen's & the court are all photo copies not one original, which I find strange.. Anyway as I have the certificate from the previous hearing discharging the application, Why are they starting again.?

 

Is this going to have an impact on the house sale & where do I go from here?

 

 

Is the hearing number the same as the previous one? Is the Court the same? What have you done about the original CCJ ?

 

I would contact the Court concerned and ascertain whether this is an official letter from HC, I find it strange that they have a Court date, before you've heard anything from Court.

 

Ascertain the legality of the letter from Cohen's first, and then take it from there.

Edited April 5, 2010 by Mightyacorn

[ginnever]

Thank you.

 

The court no is the same except that the first hearing no was 7xxxxxxx and this one is the same but the A8 has been struck thro and N9 put in its place.

 

I did nothing regarding the CCJ because the case had been

 

1. The interim order of 30th Nov 07 be & is hereby Discharged

 

2. Application for CO be & hereby is Dismissed,

 

It was that the Claimant had failed to comply with the order dated 31.03.08 & that they failed to attend the hearing.

 

This claim was from DCA that was originally a debt with a store card. i went tho the usual practice of asking for the original docs etc. & that the court ordered them to produce these, which they failed in march 2008.

 

the contract's for the house sale have been exchanged & completion is due to take place nxt wk. on the 14.xxxx& the date for court is the 27.xxx

Edited April 5, 2010 by ginnever
dates

[lookinforinfo]

Hi Ginnever, it must be more than frustrating having this case raise its head again so late in the day. I expect that some activity within the CRAs about your house sale has alerted the creditor to you.

 

Bear in mind Ginny that while the case was dismissed last tiime, the Judge did say that if your CCA request was complied with, the creditor could reinstate their claim.

 

I expect you know about Cohen's reputation so the first thing to do is as Mightyacorn said and confirm with the Court that there is a new case.

 

I don't know how or if this will affect your house sale. The buyer will have already done the necessary searches on the house so unless they do a last minute one before the sale finally goes through, the buyer should not be alerted to the hearing, unless the Land Registry has already been notified.

 

Might be worth checking with Land Registry whether there is any mention of

a charge or Court case.

[ginnever]

thank you..

 

The notification about the court date came in the same letter from Cohen's saying that there is a hearing & the date. so surely that means that there is a court date, Would I have not received note from the court's themselves.

Also contracts have been exchanged, & I know that the solicitors have done the searches..

 

Up to when can a notice be attached to a property before sale? if that makes sense what I've just said..

[Mightyacorn]

Thank you.

 

The court no is the same except that the first hearing no was 7xxxxxxx and this one is the same but the A8 has been struck thro and N9 put in its place.

 

I did nothing regarding the CCJ because the case had been

 

1. The interim order of 30th Nov 07 be & is hereby Discharged

 

2. Application for CO be & hereby is Dismissed,

 

It was that the Claimant had failed to comply with the order dated 31.03.08 & that they failed to attend the hearing.

 

This claim was from DCA that was originally a debt with a store card. i went tho the usual practice of asking for the original docs etc. & that the court ordered them to produce these, which they failed in march 2008.

 

the contract's for the house sale have been exchanged & completion is due to take place nxt wk. on the 14.xxxx& the date for court is the 27.xxx

 

 

Forgive me if I've got this wrong, but wasn't this just the CO on your house, and the CCJ is still in existence?

[Elise08]

I have been following your thread, I really wish you luck with this, it is a case of what do you do? How friendly are you with the prospective buyers, do you trust them enough to be able to tell them and would they be willing to let HC know that they now own the house, the upshot of not saying anything is if you go ahead and sell your house and the new owners get a charging order they may look to sue you as things have changed in the forms that you sign at your solicitors with regards to what could affect the enjoyment of your property by the new owners. It must be terribly hard for you and I am rooting for you and thinking about you, I hope it all gets resolved in your favour, you have been through such a rough time, hope you can get impartial legal advice and I think that you are in a lot of people's thoughts.