Set Aside a CCJ PLEASE HELP

[donnyboy75]

Dear All,

 

I hope you can help me

 

I am in a job that requires a clean credit history, I today received notifcation from my bank that the credit line for my business is being placed on hold as there new credit search facility showed a CCJ.. I could basically lose my job over this...

 

This has come as a very big suprise to me so I need help.. essentially a charge has been placed on my new property!!

 

1. I checked credit expert, it confirmed that over the past 31 months I have paid satisfactorily with the exception of 6 payments within the 31 months which were late payments of no more than 3 months

 

2. I was not living at the address where the summons and judements took place

 

3. I did not receive notification that they were going to commence legal action based on the above

 

4. My account on Credit Expert shows that the accounts has never been officially defaulted, ie not recorded

 

5. I have never seen a default notice

 

6. I did not receive a summons based on the above

 

I have spoken to the court on this and they have confirmed that they did not have an updated address until AFTER the judgement had been made and that the original documentation has been sent to an address that i had not lived in for 5 years and in fact sold 2 years prior to the judgement!

I spoke to the company who actioned the CCJ and they confirmed that they new I was residing at a new address as I had confirmed this to them over the phone and they had sent me statements on the account!

 

I received notification from the land registry at my new address saying a charge had been placed on the property however i did not know this was done via a CCJ route!!

 

PLEASE PLEASE help me on this I am so stuck and worried because I could essentially lost my job which in turn means I would lose my home..

 

what do i do??

[debbbbsy]

Okay,

the notification from the land registry. Has the charge already been granted, or is it an 'Interim charging order' ?

Debs

[donnyboy75]

I beleive it has already been granted, i just did not realise that in order for that to take place a judgement would have been granted...

 

I am praying you are not going to say that on the basis it has been granted I am done for!

[donnyboy75]

Okay,

the notification from the land registry. Has the charge already been granted, or is it an 'Interim charging order' ?

Debs

 

 

I guess you should ignore my last post as I am not sure, what is the difference between the two?

[debbbbsy]

No, your not done for.

This happens alot, a charging order is given automatically.

 

First thing to do, somewhere on the paperwork should be the claim reference number. This claim will probably have been done through Northampton courts, they handle bulk claims.

Tomorrow morning, ring them to get this confirmed. If it was issued through them, they should be able to give you all the info

Who issued the claim?

When was it Issued?

To what address did THEY said all correspondence?

 

If the court docs were sent to the wrong address, explain this. They are usually very helpfull.

They should advise you to apply an N244, an application to have the judgement set a side, on the grounds that you were denied the right to defend this claim, as the docs were sent to the wrong address. You will have to provide proof of your current address,bills, council tax, how long youv'e been there, as much as possible.

Once the judgement is set a side, the charging order is automatically removed.

[debbbbsy]

Sorry, weve overcrossed.

Have you had anything from the courts yet.

[donnyboy75]

No, your not done for.

This happens alot, a charging order is given automatically.

 

First thing to do, somewhere on the paperwork should be the claim reference number. This claim will probably have been done through Northampton courts, they handle bulk claims.

Tomorrow morning, ring them to get this confirmed. If it was issued through them, they should be able to give you all the info

Who issued the claim?

When was it Issued?

To what address did THEY said all correspondence?

 

If the court docs were sent to the wrong address, explain this. They are usually very helpfull.

They should advise you to apply an N244, an application to have the judgement set a side, on the grounds that you were denied the right to defend this claim, as the docs were sent to the wrong address. You will have to provide proof of your current address,bills, council tax, how long youv'e been there, as much as possible.

Once the judgement is set a side, the charging order is automatically removed.

 

debbbbsy... my (female) knight in shining armour!!

 

I am kinda one step ahead, as you can imagine i totally panicked today when I heard all of this, I spoke to the court, the confirmed all relevant details and also confirmed the fact that the address docs were sent to was my old address, I can in turn prove my current address based on council tax, mortgage. It was actually done via a court in Newcastle, this is a Northern Rock Production!!!

 

Do you think I stand a good chance of getting this set aside, obviously the court actions judgement to be set aside based on the law and not pulling on the heart strings however would the current climate and losing my business elemtn be a good one to use while at the hearing or should i stick to the facts?

[debbbbsy]

If you can prove, & clearly you can that you did not recieve any correspondence from the claimant, & from the courts. Then yes, apply to have the judgement set a side.TOMORROW, it can be done online. I have seen similar cases to yours, & set a sides have been granted.

As, I said, speak to the courts, they will help.

If Newcastle is not your local court, you can apply to have it moved to your local court, should you need to defend in person. Again, the court clerk will advise.

 

Good luck. Keep us updated, & if you need anymore help, just ask.

 

Debs

[donnyboy75]

can i do it online even though it is newcastle? and any idea on how long this would take??

[debbbbsy]

Northampton lets you do it online. Not sure about Newcastle.

But you can download the forms. Best speak to them tomorrow.

You might have to post it, if you do, send it special.

There is a charge, it varies, between £40 & £75.

As for the timescale, again that depends on how busy the courts are, again, ask the clerk, she will know if there is a backlog of claims, & should be able to give an indication of whether it is weeks or months.

 

I also think, that at this stage, if this claim affects your job, you should write a very strong letter to Northern Rock,they will have a complaints department,send it directly to them. They HAVE to respond to an "OFFICIAL" complaint. No more phone calls, all correspondence in writing, & sent recorded. Outline EVERYTHING, & threaten them with legal action.

Keep copies of everything.

Debs

[donnyboy75]

Ok, documents were sent off today with £75 as well as proof from my current council that i have lived at my address for well over 3 years! so watch this space!

 

What will happen at a hearing? will the judge set it aside and instruct Northern Rock to re issue the CCJ?

Will he just forward the CCJ from my old address to my new one?

Also what will happen to the charge on the property via the land registry

[debbbbsy]

I'm not sure what happens next. I suppose, Northern Rock will be informed, if they choose to defend your application, to stop it being granted , then there will be a hearing . If they accept your application, & your claim has merit, they won't try & stop it.

 

He can't transfer the CCJ. Northern Rock will have to start all over again. There are procedures that need yo be followed before they can take you to court.

Firstly, a letter, giving you the opportunity to pay.

Then, a default notice.

& then a letter before action,

& then court.

The default notice is an essential prereqisite, they cannot enforce the "Alleged debt" in court if you did not recieve it. This is why your N244 will be granted.

 

If they already have the charge, once you get the CCJ set a side, it will automatically be removed.But I am puzzled by this, if Northern Rock had your address for the charging order, why were they issuing the claim to a different address:confused:.Very very naughty, & a clear breach of procedure.

 

I am confident the CCJ will be set a side.

You now have to move 1 step forward. How do you intend to defend the claim when it is issued again ?

Is it a credit card or a loan ?

In all probability the "Alleged Debt" will have accrued interest & charges, & of course the court fees. You can challenge these.

Do a SAR.

 

Debs

[donnyboy75]

I think it is just a catalogue of errors, would i be right in saying that you have to send CCJ docs to the address you are residing at?

Would I be right in saying that if they had done things properly the CCJ would be at my current address not one I have not lived in for over 5 years?

 

As for moving forward to be fair to NR they told me to go for the setting aside asap due to the job situation so I am hoping I can go for another option with them, ultimately if the judgement is set aside then there is no benefit in them going for another CCJ as i will lose my job and due to other creditors they will not get much, in addition it could be deamed as an unfair oportioning of equity and in turn effecting the other creditors.. i think!

[debbbbsy]

Seriously, I would not discuss any option with NR until you have done the SAR & the CCA. And also, they need to apologise & reimburse you the £75 for the N244.

You MUST put in an 'Official Complaint'. Do not assume, that because they are nice & polite on the phone that they are simply going to let this go. Afterall, if they Knew they were in the wrong, why were they pressing on with a charging order.If they new the claim had been granted "Unlawfully", why did they not inform the courts.They do not play fair.

They now know your weakness, you have told them you will lose your job, they WILL use this to get you to pay all monies outstanding.

Please do everything in writing.

Debs

[debbbbsy]

...not one I have not lived in for over 5 years?

Just an after thought.

But has it been 6 years since you last corresponded with NR ?

Debs

[donnyboy75]

hi debs

 

sorry for the delay, just seen the post, unfortunately NR have been corresponded with and payments were being made without knowledge of the CCJ.

 

A quick update for you, I have sent for C224 to the court to get it set aside, in addition NR are considering a Tomlin Order due to the fact I could lost my job so they are being reasonable at this time... watch this space!