Can you help please - I have a CCJ that I was completely unaware of!!

[Jax12]

Hi

 

I CCA'd CL Finance (originally a HSBC loan) on 7 September. They failed to respond so I sent them the "in disupute" letter on 21 October.

 

Yesterday, I decided to check my credit report - haven't done it before - but wanted to look out of interest. It seems and I was completely unaware that on 3 August 2009 they - or Registry Trust Ltd - not sure who they are - have put a CCJ on my account for £12K.

 

This is registered at my previous address - my former matrimonal home. For over 12 months, my ex did not forward any letters to me, so I have received no notification of this.

 

As this was all before my CCA and dispute - is there anything I can do??

 

Not really sure what I am asking but would appreciate any views on this.....

[alfwithhair]

Hello

You would need to apply to the court to have this judgement 'set aside'

How is it done?

 

Firstly you need to have a valid reason to have the judgement set aside, and then you fill in a form called N244 which you can get free of charge from the county court, giving the reason you think that the CCJ should be removed from your records.

 

After you send this form to the court, your application will be considered. If you're successful, you can then write to the credit reference agencies giving a copy of the court's set-aside judgement, and they will then remove the CCJ from your records.

What are valid reasons to give?

 

There are many reasons you can give which may be successful in overturning the CCJ, but it's best to keep your argument as clear and concise as possible for the best chances of success. Possible reasons include the following:

 

- If you settled your debt 'out of court' then the action should have halted and no judgement issued. Sometimes this doesn't happen though, and again a judgement is passed by default.

 

- If you cleared the debt within 28 days of receiving the judgement, then it should have been cancelled and should not have appeared on your record.

 

- If you didn't receive the summons for any reason, you may have been unaware of the whole court procedure, and would have received a judgement by default. As you didn't have the chance to defend yourself, you can appeal against it after the fact.

 

- If you were not told about the judgement being made, for any reason, then you can appeal.

 

There are many more reasons you could use, but the main thing to concentrate on is either that the debt was settled or that you were unaware of the county court hearing or decision, and so couldn't defend yourself or appeal.

[Jax12]

Hi - thanks for this - to be fair, although I was unaware of the Judgement, I guess I don't really have a valid reason for having it removed!!

 

Unless not receiving the summons is enough - but I hadn't paid anything on it for a while!!

[alfwithhair]

you have a valid reason

 

"If you didn't receive the summons for any reason, you may have been unaware of the whole court procedure, and would have received a judgement by default. As you didn't have the chance to defend yourself, you can appeal against it after the fact."

 

If you were not at the address the summons was served at the time you were unaware of the proceedings.

 

You cannot get it removed from your credit file without first getting it 'set aside' by the issuing court.

 

You need to act on this as failure to comply with a judgement can incur attachment of earnings and even bailiffs.

 

If you know nothing about this CCJ then you must get it 'set aside' as you cannot comply with the judgement as you do not know the terms of it.

[Jax12]

Thanks for this - I will get onto it straight away.

 

Does it matter that I have CCA'd them and put the account in dispute - after the CCJ was issued??

 

But I guess in my defence, I didn't know about the judgement!

[alfwithhair]

The CCA request is a seperate issue, but could come into play at a later stage if it proves to be unenforceable.

Who was this sent to HSBC or CL Finance?

Have you had any further letters since you sent the 'account in dispute' letter?

[Jax12]

Hi - no it was CL Finance and I haven't received anything from them at all.

[alfwithhair]

right, well forget about them for the time being, your priority is to get this CCJ 'set aside' pronto, as any requests made for payment will also go to the wrong address, so you will be unaware of what is happening with reagrds to enforcing the judgement

[Jax12]

Ye will do - thank you very much for your advice - will get that sent off tomorrow!

[postggj]

you mention cl finance

 

was the solicitor a howard cohen

 

he is known for this trick

[Jax12]

No idea - received no notification - the judgement is lodged at my old address and my ex didn't pass on any of the letters!!

[Bazooka Boo]

About Trust Online, operated by Registry Trust Ltd - Trust Online

[Jax12]

Thanks Bazooka Boo - interesting reading!!!

Just knew that this one (the big one - £12K) - would come back and bite me on the a**e!!!!

[Bazooka Boo]

Thanks Bazooka Boo - interesting reading!!!

Just knew that this one (the big one - £12K) - would come back and bite me on the a**e!!!!

 

12K that's nothing compared to my 50K!! Just wondering when the fun will begin!

[Jax12]

OMG - thought I had problems!!!

[Jax12]

Omg - makes mine sound like small fry!!

[diddydicky]

right, well forget about them for the time being, your priority is to get this CCJ 'set aside' pronto, as any requests made for payment will also go to the wrong address, so you will be unaware of what is happening with reagrds to enforcing the judgement

 

don't forget about this- write a reminder letter and also send a cca request to the original lender- the results should be back in 12 days

 

it is only a quid and 5 mins work but well worth doing now

[Jax12]

ye but it has been passed over to CL Finance - should i still send to the original - have CCA's CL Finance and put the account in dispute - then found out about the CCJ!!

[diddydicky]

i would you have both bases covered then

[Jax12]

Have been reading the Court's guidance and they say that you can only set aside the judgement, even if you didn't receive it, if you don't think you owe the money!

 

Please help - don't know what to do and am still trying to work out how much it will cost me!!!

[diddydicky]

the court guidance is wrong therefore

 

if your creditor knew of you current address and then issued proceedings at your old address, or if there were other genuine reasons why this was not forwarded to you then you can indeed get the judgement set aside and for no other reason than that you were not aware and therefore unable to defend

[Jax12]

Thanks for this - will get onto it and let you know how it goes!!

Scary stuff!!

[Lapchien66]

Jax, I had a similar issue, a ccj issued to me at an old address, nearly 3 years ago! I applied to have it set aside on the ground sthat I did not receive it and therefore was unable to defend it.

 

This was my thread

Edited November 24, 2009 by Lapchien66
Added thread