New member - CCJ's N244 waiting for CCA's

[lornarobins]

Hello there everyone - This is my first post & I'm not too familiar with participating in forum groups - however I have been reading all the great Information & help that is given on thIs site for quite some time!!

 

I'm in the process of trying to get 2 CCJ's removed - both from the same company (Shop Direct Financial Services/ kays catalogue).

 

I had no knowledge of these judgements or ever having a catalogue account - I have recently requested CCA's & SAR's for both alleged debts and I'm currently waiting for a reply!

However I did contact the company by phone regarding 1 CCJ (I know I should just sit tight, but It was bugging me!)

Spoke to a very nice lady who did some checks and verbally Indicated that they did not have a copy of the CA!

 

Anyway - my questions are:

 

1) If a court date Is given after the 12+2 days have laps- and I still haven't had a reply to the CCA at the time of hearing, will thIs help towards getting the judgement set aside??

 

2) Does anyone know where I can get N244 sample's or advise on how to complete for some help with the wording??

 

I also know that It was my brother who used my name to order some goods to the value of £200 - If I state on my N244 that someone used my name to obtain the account - what will happen to the person?? What happens at the court case?? I don't want to get my brother In trouble, but at the same time I need to clear these CCJ's to strengthen my chances of obtaining credit.

 

Thanks Very much If anyone can help - the whole process of clearing up your credit can be tiering - it nice to know your not alone!!

[Guest Old_andrew2018]

Can I assume you were not aware of the county court claims, when did you discover them for example did you obtain a copy of your credit file.

 

IMHO you will have a limited time to set as side,

Edited August 5, 2008 by old_andrew2007

[questioning]

Hi,

I'm sorry I don't have a clue what the court will say to the fact that your brother obtained goods in your name, I suspect they may not take that into account as there may be no evidence of that happening. Especially s you don't want to get him in trouble.

I do know that an old acquaintance of mine moved into her sisters house, while living there she ordered loads of items from a cataloger in her sisters name and never paid for them at all & moved out.

When the sister started getting hassle for the goods to be paid for she thought there was a mistake, she never had the goods. Some how she found out what her sister had done. It went to magistrates court and my old acquaintance got a criminal record (what the charges were exactly I can't remember) she got a fine as well.

Needless to say I soon lost touch with her.

I just thought I would tell you this so you know how serious this could be for your brother.

[lornarobins]

Thanks Guys - Only found out about the CCJ's when I accessed my Credit file - I was completely unaware as I obtained a mortgage quite easily a couple of years ago - I also rarely buy on credit, if at all!!

 

As for my brother this is quite a tricky one - he's a good guy, just a little free with money - I am really mad, but I can't hold a grudge - he's extremely sorry for what he's done - this was a few years ago & he was only 15 at the time!

If that's what happened to your friend maybe I can't take the chance and use this as my primary defense!

 

Exactly how long do I have to return the N244???

I rang the court last week and they told me there was no time limit, as long as it was within a reasonable time & with good cause - although I believe I have read something somewhere stating there IS a time limit!

 

Is there??

 

Do you think I should send the N244 back asap - or should I wait for 30 days to lapse - this way I have given the creditor more than enough time to respond, and by this time they will have committed an offence by law ? The CCJ surely will be removed then??

 

What happens if the creditor hasn't returned my CCA request by the time of the hearing, assuming it will be after 12 days after my CCA request and the account goes into default - Shouldn't this help toward the CCJ being set aside???

[questioning]

Hi,

The only thing I have read about getting a CCJ set aside is the longer its been in place the harder it is to get set aside,

CCJ set asides are not of interest to me so sorry I can't help with your questions.

If I were you I would read the threads which are specifically about setting aside a CCJ, there are quite few to look at. you'll glean loads of info then.

I wouldn't say a thing about your brother, unless you are going to prove he did. Because with out the proof it will look like you are making it up. IMHO. If you prove he did it then he will possibly get into trouble, Perhaps the company involved would prosecute him, but really I have no idea about that.

[lornarobins]

Thanks Questionin - Definately gonna study the threads that deal with CCJ's - your a star!

[MARTIN3030]

Welcome to the site.

CCJs are extremely difficult to have set aside.

If the creditor has been given judgement,then they can go back to court after 30 days if you havnt paid or complied with the orders handed down.

CCJs are usually only set aside or removed in cases where the identity is wrong or that you can show beyond doubt that it should not have been given.

 

The N244 is available from the templates library on this site.

 

The earlier that you get it into Court the better if you want to challenge it.

I will move your thread to the debt forums-keep us informed.