Feel I have no hope left!!! CCJ and threatened with baliffs!!

[empathia]

I've posted on here and had no replies. I could have baliffs at my door if I don't pay £1200 by 19th October!!! Can no one help me! Am I going to loose everything!! I have a CCJ against me, I can't pay it, I don't know where to start with getting it set aside or if i have a case to do that? I finally feel beaten!

[AndyOrch]

Need some history Empathia

 

CCJ from who, what type of debt, how old is it?

 

Andy

[cymruambyth]

Hi did you follow the advice given in your original tread to have it set aside? http://www.consumeractiongroup.co.uk/forum/showthread.php?263204-Challenging-count-court-judgement&p=2972909#post2972909

[empathia]

I Have a CCJ taken out be cl finance and Howard Cohen last oct 2009. I became aware of it when I tried to dispute my account in April 2010. I tried to get proof of it from them and the court - not able to. I now know the ccj does exist and I have sent the £5 fee to the court to get the case details. They want 1200 by 19th October or they are threatening baliffs or attatchment to earnings. I sent them the letter asking for the original sighned agreement which they could not provide but said it is still enforceable and they can still collect the money. The debt is from about 1997 with first direct.

 

Basically they are saying if I don't pay I'll get a call from the baliffs, they won't accept less than £600. I don't know whether I need to fill in a N245 and get them stopped or an N244 to try and get it set aside first?? I don't understand what to say to get it set aside?

 

I'm so frightened of getting baliffs at the house as this would affect my children. I want to sort this out somehow but don't know where to start?

 

By the way I never got the original court papers or the letters they said they sent. I've lived at my current home over 4 years and they did have my new address as did all my other creditors who have sent mail to me without any problem.

 

Please is there anything I can do? What should I do first??

[empathia]

I don't understand how to get it set aside, what do i say? Do I have enough of a case to get it set aside?

Sorry but I have a lot going on and without clearly knowing what to do I'm finding this hard on my own.

[AndyOrch]

By the way I never got the original court papers or the letters they said they sent. I've lived at my current home over 4 years and they did have my new address as did all my other creditors who have sent mail to me without any problem.

Thats your reason above to request set a side.

In the meantime you could make application by way of a N245 to suspend the warrant Form N245 - Her Majesty's Courts Service -Forms and Guidance

Regards

Andy

[empathia]

Thank you for your help. I will apply to the court to stop them. According to the threads and national debt line not getting the original summons is not enough??

[AndyOrch]

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

1. Were you given 28 days notice in order to pay?
   
2. Were you living at the address when the summons and judgement took place?
   
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
   
4. Did you receive the summons? They are not sent by recorded mail.
   
5. Maybe you were unable to attend court and defend yourself.
   
6. The judgement should not appear on the credit files if it was paid up within 28 days.
   
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
   
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
   
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
   
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
    
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
    
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
    
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?
    

You can use any of the above reasons to have your judgements set aside.

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

This gives you the chance of having your judgement/s removed forever.

[empathia]

Thank you for your help. I'm going to fill out my set aside form and get the process going. A bit frightening but I'll give it a go. I'll let you know what happens!

[AndyOrch]

Best of luck Empathia just post if you are unsure of any part of the process.

 

Regards

 

Andy