CCJ - can I change my response?

[AngryExBanker]

Oh and it's not the only debt I have (technically not even the only one I have with Santander!), but it's the only one that's gone anywhere near this far.

[AngryExBanker]

Foolishgirl - thanks to you also. I meant by paying it off that if I cleared the full balance within the 30 day period is it then removed, or has that option now been crossed out because I 'accepted' the debt?

[foolishgirl]

I meant by paying it off that if I cleared the full balance within the 30 day period is it then removed, or has that option now been crossed out because I 'accepted' the debt?

 

It would depend on the wording of the order. AIUI the order has assumed the instalment agreement you came to with the Claimant so if you were now to decide to pay it off in full within a specified period to avoid the CCJ, I think you would have to apply for a variation. Vint may know if it's possible.

[AngryExBanker]

Thanks again fg.

 

I've also just noticed on the "Judgment for Claimant" letter that the "Defendant's Date of Birth" box is blank - any wriggle-room there anybody?

[vint1954]

It would depend on the wording of the order. AIUI the order has assumed the instalment agreement you came to with the Claimant so if you were now to decide to pay it off in full within a specified period to avoid the CCJ, I think you would have to apply for a variation. Vint may know if it's possible.

You may be able to get a variation, but I doubt if you will get the CCJ removed, without going for a set aside and successful defence of the claim.

 

You have admitted the debt to the court and they have given judgement in favour of the claimant.

 

It may be worth ringing Northampton in the morning, to see what the status of the claim is.

 

If you receive certain benefits, the fee will be waived, but you will need a letter from the benefits agencey, confirming that you are in receipt of those.

 

The forms are available for download frrom the moneyclaim site.

[foolishgirl]

I've also just noticed on the "Judgment for Claimant" letter that the "Defendant's Date of Birth" box is blank - any wriggle-room there anybody?

 

You're clutching at straws there! IMO the answer is no.

[vint1954]

You're clutching at straws there! IMO the answer is no.

Absolutely, the only option is to try for a set aside on the grounds that you were missled by the claimant, as to the document that you signed.

[AngryExBanker]

Ok, thanks everybody, looks like I've no option other than to go for the set aside. I've already written to Cohens to basically ask if they want to say anything before I do so, but I'm not expecting any response given their apparent disregard for protocol thus far.

 

I'll update as and when just in case anybody's still interested!

[AngryExBanker]

Still no final decision from the potential employers, so at least it's not entirely dead in the water yet......

 

I think I may have to rediscover religion and the power of prayer! At least that will please my mother......

[vint1954]

Still no final decision from the potential employers, so at least it's not entirely dead in the water yet......

 

I think I may have to rediscover religion and the power of prayer! At least that will please my mother......

Perhaps you could advise your prospective employer that the ccj was gained after misleading advice and that you are fighting it.

[AngryExBanker]

Thanks Vint, I have advised them of that, hopefully we're going to be able to come to an agreement whereby a condition of my employment is that I get the issue resolved within the standard probation period. The fact that you've suggested something similar gives me a wee bit more hope!

 

They hope to have an answer tomorrow, so another sleepless night for Angry!

 

Seriously though, again may I offer my sincere thanks to everybody who's replied, even just the thought that this may have happened before and I'm not going crazy is helping.

[vint1954]

Thanks Vint, I have advised them of that, hopefully we're going to be able to come to an agreement whereby a condition of my employment is that I get the issue resolved within the standard probation period. The fact that you've suggested something similar gives me a wee bit more hope!

 

They hope to have an answer tomorrow, so another sleepless night for Angry!

 

Seriously though, again may I offer my sincere thanks to everybody who's replied, even just the thought that this may have happened before and I'm not going crazy is helping.

Chin up and blow the froth of a couple of pints, preferably London Pride or Youngs Special.

 

I'm sure that they will see sense.

[volvodriver]

Chin up and blow the froth of a couple of pints, preferably London Pride or Youngs Special.

 

That's a blast from the past, I used to get drunk on that as a student in London in the early 70's.

 

Whatever happened to Charringtons, Watneys and Courage, which I also seem to remember?

 

Sorry its off topic!

[vint1954]

That's a blast from the past, I used to get drunk on that as a student in London in the early 70's.

 

Whatever happened to Charringtons, Watneys and Courage, which I also seem to remember?

 

Sorry its off topic!

Ahhhhhhhhh!

 

A pint of Bass, Red Barrel or Directors. All gone now along with a Double Diamond works wonders.

 

If you ever get up north, Black Sheep is the one to try.

[MadScouser]

But my understanding of CCJ, from reading on here, that if you pay within 30 days of initial issue then it doesnt go on the records?

 

It seems very strange that just because you have the agreement in place with Cohens, that this would still not be possible?

 

Especially as from the POC they will charge you s69 interest, as it was included in the claim, even though they shouldnt for CCA debts.

[foolishgirl]

It depends on the terms of the order MS. Sometimes the DJ will specify 14 days, sometimes 28 days.

 

Where an order is made as a result of the claimants applic. for default judgment (as in this case) CPR12.5 applies:

(1) Where the claim is for a specified sum of money, the claimant may specify in a request filed under rule 12.4(1) –

(a) the date by which the whole of the judgment debt is to be paid; or

 

(b) the times and rate at which it is to be paid by instalments.

 

 

(2) Except where paragraph (4) applies, a default judgment on a claim for a specified amount of money obtained on the filing of a request, will be judgment for the amount of the claim (less any payments made) and costs –

(a) to be paid by the date or at the rate specified in the request for judgment; or

 

(b) if none is specified, immediately.

 

 

So Angry is tied up by the terms of this judgment which specify the instalments that he unwittingly agreed with the Claimant.

[AngryExBanker]

Hi all

 

Spoken to the court this morning and if I can pay off the balance by 4 June I'll be ok. I'm still going after the *$$&$$s though, and it sounds from initial chats like I'll qualify for legal aid to do so as well.

 

Good news is my poor, long suffering parents decided that lending me some cash would be infinitely preferable to having me back living with them, so I'll be paying this off tomorrow! I don't want to do it but it's the only way I'll get my job.

 

All the talk of beer above has made me thirsty, off for a pint to celebrate. Maybe even two if I feel like really pushing the boat out. Vint, if you're ever up north in Scotland look out for a little brewery called Harviestoun which never, ever fails to deliver. Sainsbury's down here sometimes stock their bottles which are almost as good, particularly Bitter & Twisted, an absolute belter of a summer session ale.

 

Cheers again everybody, help much appreciated, hopefully I can offer some advice to somebody in future, and I'll be making a wee donation once I start to get paid again.

[foolishgirl]

Good news on the CCJ & hopefully the job front then Angry

 

Let us know how you go on with any claim you make against Cohens. Complaints to SRA about their behaviour seem to get nowhere.