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HBOS CCJ on Credit File - need to get removed

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I have a CCJ which I am trying to get removed.

 

My reasons for having it removed are as follows:

 

I do not acknowledge the debt nor do I agree to the figure that is

I am not in receipt of a valid Credit Agreement, and nor is the client and believe that a CCJ cannot be placed against someone without this.

The debt, if mine, is Statute Barred and a CCJ cannot be placed for a debt more than 6 years old.

I was not given 28 days notice.

I was not living at the address when the summons and judgement took place.

I was not in receipt of the Default Notice.

I did not receive the summons, or any notification pertaining to this debt.

I have written to the relevant Court today to apply to have this CCJ set aside.

 

Am I able to do this or do I have to wait for the client to come back to me and say sorry but we do not have a valid copy of the agreement or can I pursue the CCJ lift once they fail to respond after sending the CCA request and the following up letter?

 

Thanks LL


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I have a CCJ which I am trying to get removed.

 

My reasons for having it removed are as follows:

 

I do not acknowledge the debt nor do I agree to the figure that is

 

I am not in receipt of a valid Credit Agreement, and nor is the client and believe that a CCJ cannot be placed against someone without this.

The debt, if mine, is Statute Barred and a CCJ cannot be placed for a debt more than 6 years old.

 

I was not given 28 days notice.

 

I was not living at the address when the summons and judgement took place.

 

I was not in receipt of the Default Notice.

 

I did not receive the summons, or any notification pertaining to this debt.

 

I have written to the relevant Court today to apply to have this CCJ set aside.

 

Am I able to do this or do I have to wait for the client to come back to me and say sorry but we do not have a valid copy of the agreement or can I pursue the CCJ lift once they fail to respond after sending the CCA request and the following up letter?

 

Thanks LL

 

Hi,

 

How exactly did you write into the court? Did you fill out an N244 application?

 

If the Judge agrees to set aside the CCJ, you will be put back to the start of the claim process and will need to file a defence. Usually the way to get a CCJ setaside is to file the defence at the same time so the judge can see you have a reasonable chance of success. Probably worth a £10 SAR to the original lender to get all the information you will need for the defence.

 

S.


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Hi LL

 

As shadow said..

 

You need to set aside on a N244, if your successful at your court hearing to set aside, then the court contact the relevant Credit Agencies on your behalf and the CCJ is then removed. This happened in my case.

 

If you have a charging order along with the CCJ by any chance, you must contact the Land Registry and fill out an RX 3, to get that taken off.

 

Then your back to the start of the court proceedings, and the fight begins!!

 

Best of Luck

 

MJ:D


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