CCJ Removal

[loring]

Hi I am trying to help a friend who has recieved a CCJ for non payment of Income Tax whilst he was unemployed. I don't think he ever responded to any letters and they got a CCJ for £15,000 probably around June 2010. He wants me to assist him in getting the CCJ removed. He has very little paperwork and only discovered he had received a CCJ when a debt management company wrote to him in July.

Where on the forum can I find out how to appeal the CCJ and what are the time restrictions for an appeal.

I am finding it difficult to find this on the new type forum,there dosn't seem to be a search facility or I have not found it yet. Thanks in advance for any help

Loring

[Blossomandebony]

Hi,

 

People have been known to get ccjs set aside(removed) years after they were granted.

 

I got a ccj I knew nothing about too. I filed to have the ccj SET ASIDE by using the n244 Application Notice which you can download at hmcs.gov.uk or collect from any county court.

 

I also signed an affadavit as part of my application, which stated I had not received any claim form or court forms. If you have any evidence that they served the claim form to the wrong address this will increase your chances too.

 

My ccj was for a credit card default, which is different to your friends, but if you can show that:

 

1) Your friend did not receive the forms, and has acted speedily as soon as he realised he had a ccj, and

 

2) Your friend would stand a good chance of defending the claim in court,

 

then you have some chance to get the ccj set aside.

 

I had a strong argument in my application because I pointed to the gross amount of charges that the cc company had levied on me - I showed that the charges were more than the original claim! Hence, I was awarded the ccj immediately, then the cc company discontinued the case!

 

BAE:lol:

[loring]

HI Blossomandebony

Thanks for the info.

I have got the lad to put in an appeal based on a) he does not owe then as he was unemployed and b) he never received the court papers. The next problem is how to explain why he did not respond to the tax office who have been writing to him about the assessment for nearly 2 years. Appanently he just threw their letters in the bin and possibly that may be what he done with the court papers.

Loring

[loring]

Hi

Thanks to all who helped with advice. The Inland Revenue have removed the CCJ and the lad has a bill of approx £200 which he can cope with

Loring