CCJ I did not know about - how do I get this removed?

[stunning101]

Hi All,

 

This is a long story so I firstly apologise for this but any help would be much appreciated.

 

It begins with a domestic dispute between myself and my now husband. I got him arrested for pushing me during an argument and the police put an order stopping him from living or communicating with me until the court hearing. It was a scary time for me as although I still stand by my decision the police were very bad in dealing with this and told me that he could go to prison. I decided that I require legal help and on the advice of a friend contacted a solicitor in Watford. I called and after explaining my situation had an appointment. I had an hour of the solicitors time (please note that I signed nothing and did not pay a retainer, his costs and fees were never explained to me) and he advised me that he would contact my husband's solicitor. I was confused as this would be a break of the condition of bail which could send him immediately to prison and pulled the solicitor up on this:mad2:. He had already sent this e-mail and helped me with a letter to send to the police to ask them to drop the case.

 

Soon after this the case was dropped due to lack of evidence and I received an invoice from the solicitor informing me that his fees were £350 but call it £300. I was shocked as I had an hour of time, an e-mail which he never should have written and a letter to police written by him. I asked for the breakdown of fees in a letter and did not hear a reply. I received the same invoice along with notice that if I did not pay within 28 days he would go down legal routes. Again, I sent the same letter asking for the breakdown of costs.

 

Three weeks ago I had a very heavy knock at the door from a bailiff Marstons. I did not get to the door in time and a letter was shoved underneath. It was for a bill of £550 and for the removal of my goods. I immediately did a credit search on myself and saw that I had one CCJ from Watford County Court for the money owed to this solicitors in January of 2011 for £350.

 

After doing more research I find that I have a case for the CCJ to be set aside. I am not entirely sure how to go about this all. I do not want to have another court date to deal with after everything I sent through last year and am now wishing that I just paid the amount even though I disagreed with it. Does anyone have any advice on this, the fact I signed nothing and the fact that I have not seen any information from the courts? At present I am so worried about having the CCJ on my record I would pay the amount if I could get it removed and this would go away. Is this possible?

[dx100uk]

i have moved this to the legal forum

 

there are plenty of guide on set aside a ccj

 

just use the advanved search top right

 

should be easy to do.

 

dx

[hallowitch]

as far as I'm aware even if you paid it would still be on your credit file for 6years i think they just put satisfied on it

 

ploddertom is the man for this don't worry he will notice this thread and offer you very good advice put his name in the search bar at the top right of this page and read up on some of his previous posts

[ploddertom]

I think you have 2 separate issues here and it may be coincidence as to what you have found out through the CRA. You have a CCJ awarded against you and this is quite easily dealt with if you had no prior knowledge of it. The issue you may have is the argument of whether you actually owe the debt or not. I would have thought the Solicitor should have explained matters fully to you first before going ahead. For this you may need to contact the Law Society and just ask their advice - the chances are there is a Code of Practice somewhere that has not been adhered to.

 

The 2nd issue is the subject of Marstons - they do not collect on CCJ's unless it is for over £600 AND has been transferred up through the High Court. It is more likely they are calling for an unpaid fine of some description or Council Tax debt - have you had chance to see what it says on the letter they have issued.

 

PT

[fork-it]

The 2nd issue is the subject of Marstons - they do not collect on CCJ's unless it is for over £600

 

I second that, its unusual for Marstons to be traiding in CCJ's. It normally handled by a court bailiff.

 

Apply to the court to have the judgment set aside.

[stunning101]

I want to set this aside but am very concerned that the fact I did not get the letters even thought I have not moved address will not be enough and it will be rejected. If I had know about this CCJ I would have paid it to end the dispute even though I feel it unfair just to get rid of this.

 

Marstons are acting on behalf of this debt as it is written on the top of the letter and I have no other defaults or CCJs on my credit record (as soon as I knew about this I paid to get a credit report done and prior to this CCJ had fantastic credit and was offered a mortgage).

 

I have read the information about the set aside and am unsure of how to complete the N244 form and what the next process would be? Would it be a hearing to discuss setting it aside and if so do I need to supply supporting information along with the form (letters and e-mails asking for breakdowns). Also where do I stand on the fact I did not sign anything with this solicitor? Is this something I need to include as I am happy to settle any debts as long as what I am paying for is backed up (no information on website and no breakdown of costs)?

 

Many Thanks

[ploddertom]

 

Marstons are acting on behalf of this debt as it is written on the top of the letter and I have no other defaults or CCJs on my credit record (as soon as I knew about this I paid to get a credit report done and prior to this CCJ had fantastic credit and was offered a mortgage).

 

 

Something does not ring true with this. If your Claimant wants to enforce the Judgment which he appears to want to then he has to apply for a Warrant of Execution - cost £100 which is then added to your debt - it is the County Court Bailiff that attends and not a private one. There are other methods of enforcement but none involve the use of a Bailiff. Is there any chance you scan the document from Marstons - remove all personal info from it - and upload it to somewhere like Photobucket or similar.

 

PT

[ploddertom]

I want to set this aside but am very concerned that the fact I did not get the letters even thought I have not moved address will not be enough and it will be rejected. If I had know about this CCJ I would have paid it to end the dispute even though I feel it unfair just to get rid of this.

 

Have you had a read through the page below

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

 

I have read the information about the set aside and am unsure of how to complete the N244 form and what the next process would be? Would it be a hearing to discuss setting it aside and if so do I need to supply supporting information along with the form (letters and e-mails asking for breakdowns). Also where do I stand on the fact I did not sign anything with this solicitor? Is this something I need to include as I am happy to settle any debts as long as what I am paying for is backed up (no information on website and no breakdown of costs)?

 

Many Thanks

 

May I ask how long ago the CCJ was awarded & if necessary could you pay it off immediately.

 

PT

[stunning101]

I will scan and upload to somewhere online. If this helps there had been £100 added to the bill instantly and it now sits around £565.00 with Marstons. It has client of HMCS and a reference number but I have tried not to deal with Marstons as little as possible reading information on them online. I have taken your advice and contacted the Legal Ombudsman and raised this matter with them. They require me to write to the company's complaint person which I will do tomorrow. I am completely up to date with council tax, have no parking fines or penalties as these all go through my company and have no defaults.

 

Please also note that Marsons have ignored a letter from me asking to confirm the debt and for a breakdown of their costs and I do not want them knocking on my door again. Should I send another letter as I did not send this recorded delivery?

 

Also do you think that I will have no issue in setting aside my CCJ on the grounds of not getting this information and the fact that there was a dispute with the Solicitors? How much information should I include on the N244 form and I have heard that for £5 a solicitor will witness sign my statement which might be worth doing. Will it help my case to state that I would have been prepared to do anything to stop a CCJ from being on my file?

 

Thank you

[ploddertom]

I will scan and upload to somewhere online. If this helps there had been £100 added to the bill instantly and it now sits around £565.00 with Marstons. It has client of HMCS and a reference number - does it have a Court reference, a name maybe anything NE London, SE Kent for instance

 

 

PT

[ploddertom]

 

Also do you think that I will have no issue in setting aside my CCJ on the grounds of not getting this information and the fact that there was a dispute with the Solicitors? How much information should I include on the N244 form and I have heard that for £5 a solicitor will witness sign my statement which might be worth doing. Will it help my case to state that I would have been prepared to do anything to stop a CCJ from being on my file?

 

Thank you

 

You may apply for set aside on a number of grounds and in this instance it is because you did not receive any of the original documentation and were therefore denied an opportunity to mount a defence/counterclaim/make offer of payment. In the first instance you should contact the Court where the CCJ was awarded and ask what address they have on file and also ask for a copy of the Judgment.

 

As you know a N244 is required to apply for set aside and the cost of this application is £75 - payable when the application is submitted. If you are on certain Benefits or a low wage you may also need Form EX160 to apply for Fee Remission. The N244 looks more complicated than it is, there is a quick guide to filling it in below, just adapt for your own needs. You will also need to formulate a decision on how to tackle the debt involved as the Judge will be looking to see how you can resolve it - payment in full, you don't owe anything, payment by instalments for example. Wheteher it needs a hearing or not may depend on what your Claimant thinks - he may decide to oppose it.

 

"N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No - leave blank

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for Set Aside because you never knew you had a CCJ.

Q4 - tick No

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy of Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

Send form to Court where CCJ was awarded with appropriate fee. Also send a copy to your Claimant - do not rely on the Court doing it

 

Claimant is entitled to oppose your application but in most cases this can be disregarded. "

 

PT

[stunning101]

May I ask how long ago the CCJ was awarded & if necessary could you pay it off immediately.

 

PT

 

Yes I can pay if off right now but am concerned about the six year rule. It was heard in January 2011.

Edited March 17, 2011 by stunning101

[stunning101]

You may apply for set aside on a number of grounds and in this instance it is because you did not receive any of the original documentation and were therefore denied an opportunity to mount a defence/counterclaim/make offer of payment. In the first instance you should contact the Court where the CCJ was awarded and ask what address they have on file and also ask for a copy of the Judgment.

 

As you know a N244 is required to apply for set aside and the cost of this application is £75 - payable when the application is submitted. If you are on certain Benefits or a low wage you may also need Form EX160 to apply for Fee Remission. The N244 looks more complicated than it is, there is a quick guide to filling it in below, just adapt for your own needs. You will also need to formulate a decision on how to tackle the debt involved as the Judge will be looking to see how you can resolve it - payment in full, you don't owe anything, payment by instalments for example. Wheteher it needs a hearing or not may depend on what your Claimant thinks - he may decide to oppose it.

 

"N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No - leave blank

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for Set Aside because you never knew you had a CCJ.

Q4 - tick No

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy of Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

Send form to Court where CCJ was awarded with appropriate fee. Also send a copy to your Claimant - do not rely on the Court doing it

 

Claimant is entitled to oppose your application but in most cases this can be disregarded. "

 

PT

 

I am filling this in to tonight to send tomorrow. I was also going to include on the statement of truth that I have good credit and this CCJ has meant that we cannot buy our first house or do you think I should leave this off? I will send a copy to the Claimant along with the complaint letter that the Law Society told me to write (will this help my case at all?).

[ploddertom]

I am filling this in to tonight to send tomorrow. I was also going to include on the statement of truth that I have good credit and this CCJ has meant that we cannot buy our first house or do you think I should leave this off? Yes, just stick to the facts I will send a copy to the Claimant along with the complaint letter that the Law Society told me to write (will this help my case at all?). Think I would be tempted to halt on the complaint letter as they may try to use this against you.

 

Remember to print a couple of extra copies off for your own records. Also if you get to a hearing you can guarantee someone may say they never saw it - Judge included!

 

PT