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Neil1980

CCj that I know nothing about.

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Hi All

 

I have just recived my credit file and to my suprise i have a Judgment that is on there twice all details exactly the same on both which i know nothing of. It is for one of my previous addresses and i have never recived any letters or docs to complete whilst living at that address or at my other and previous addresses.

 

It say the court is Northampton County court and the case number also the amount of £276.

 

Please could someone help me i have no idea what to do next to try and investigate this or indeed get one or both removed from my file.

 

Many thanks in advance

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You can apply to get the CCJ set aside - this can be done by contacting Northampton CC and by sending an N244. The guidelines for getting a set-aside are:

 

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. Listed are 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?

 

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.

 

Point number 2 is valid for you :) The N244 form is available online - I tried to get the link, but looks like the HM court website is having technical issues :rolleyes:. Just google N244 form and it should be the first link.

 

There is a cost for doing this (I think it is £75) unless you are on benefits (not sure about low incomes though). It may be the best £75 you spend though. If you know nothing about this, and you can show you were not at the address the CCJ was granted to, then you should have no problems. There is a timescale issue, but you have not stated how long ago this CCJ was granted.

Edited by clemma
bad grammar - well it is late/early ;)

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Thank you Clemma for you help.

 

You say there is a timescale issue what might this be the judgment was placed on 3rd July 2007. Is this a problem?

 

Can i be pointed in the right direction for help filling out the N244 as well please

Edited by Neil1980
Additional Information

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Thank you Clemma for you help.

 

You say there is a timescale issue what might this be the judgment was placed on 3rd July 2007. Is this a problem?

 

Can i be pointed in the right direction for help filling out the N244 as well please

 

hi neil,

there are set asides that have been granted after many years but it certainly doesnt make it any easier being that long ago.

im wondering, as the amount is relatively small and no one is trying to collect on it, whether its worth bothering with but only u know ur circumstances. it will drop off after 6 years regardless.

however should u decide to go for set aside as clemma says if u have solid proof of not being at the address at the time it helps. if u want info regarding this u can send a letter to the court with £5 fee asking for a copy of the claim form and any docs attached (doubt there will be any as its northampton). this will at least give u an insight as to whats gone on and with whom.

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The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

As far as I know all the information, including guidance in completing the form is on the website. Have a look, and if you do need help, then ask away - I'm sure you will get the answers you need :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Just an update for you.

 

I have today recived a letter from Brian Carter & co and realise that this is where the CCJ has come from. I have asked for help in the following post but anything would be great.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/203075-brian-carter-co-solicitors.html

 

Many Thanks Folks

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On a set aside you need to show that you have a defence to the original claim and, it helps to be able to explain why you didn't reply

 

In terms of court fees have a look here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195872-court-fees-remission.html

 

Brian Carter are my heroes I'll have a look at the other thread


If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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