Just found out I have a CCJ ...can I set a side?

[KJames]

Hello.

 

Any help or advice would be amazing.

 

I had a loan in 2011 which I knew I had a couple payment remaining on when I moved house,

I sent all of my creditors a letter confirming my change of address on

but received nothing in writing from my loan company.

I wasn't too concerned as there was only around 4 payments remaining.

 

At this point I lost my job and could't make any further payments and I didn't receive anything in writing from them to chase payment

so stupidly I assumed it was all forgotten.

 

I have since got back onto work and have a good job now and

recently applied for car finance which was declined,

 

 

it was at this point that I checked my credit report and have realised I have a CCJ.

I don't agree with the amount they claim I owe them

but I would do anything to have it taken off my credit report.

It was issued in 2012 to an address that I didn't live at

so I had no clue about it otherwise I would have defended it.

 

Do I have any grounds to get this set aside, what do I need to do?

 

Please help me

[letsgetitsorted]

As you have not lived at the address that the court papers where sent to, then you will have grounds for set aside the form you will need is N244.

it will be best to ring the court who dealt with the CCJ to get the case number and any further details you can about the CCJ sent to you.

 

i am sure others will more knowledge will be around soon to advise further.

[AndyOrch]

Thread moved to the appropriate forum.

 

Welcome to CAG KJames

 

Regards

 

Andy

[AndyOrch]

Have you retained a copy of the letter re change of address and proof of postage........if not last known previous address will be accepted as good service

[KJames]

Thank you for your help!

[KJames]

Have you retained a copy of the letter re change of address and proof of postage........if not last known previous address will be accepted as good service

 

I just put it in the post box, had no clue I would ever need proof of postage, I have my tenancy agreement which proves I had moved. Would that be appropriate?

[AndyOrch]

If you have letters from the claimant after you changed address but before the claim was issued...that would be proof...and even if you can prove that they knew...you would also need a proposed valid defence as to why you dont owe the amount of the money judgment.

[KJames]

If you have letters from the claimant after you changed address but before the claim was issued...that would be proof...and even if you can prove that they knew...you would also need a proposed valid defence as to why you dont owe the amount of the money judgment.

 

I don't even have the loan paperwork anymore, the amount being disputed is £400. I believe I owed around £100 but I would literally pay whatever to have this removed.

 

Is there any way I can speak to the creditors and get them to agree to a set aside if I agree to pay?

[AndyOrch]

Who was the claimant.....who was the creditor?

[KJames]

The creditors are Fair Finance they are the ones who took me to court (unbeknown to myself) and got the ccj

[AndyOrch]

So the original creditor.....if you can get hold of the paperwork from the court that issued the default judgment ( most probably MCOL Northampton) you will get all the details...particulars of claim...solicitor etc...then you can move it to the next stage and decide if you wish to proceed.

 

I theory you can set a side and negotiate with the claimant not to oppose the set a side on the understanding that you will make full payment...they wont agree obviously if you try to dispute the amount.If you wish to dispute the amount then it must go through the court and be judged.

 

I would try to recover the paperwork first...then review your position......the fee to set a side would be £155.00.

 

Andy

[BankFodder]

Just to add - if the objective here is to clean up your credit file, then even if you get the CCJ removed, there is a strong possibility - 80%+ that they will default your credit file and you will be left in exactly the same position.

[KJames]

So the original creditor.....if you can get hold of the paperwork from the court that issued the default judgment ( most probably MCOL Northampton) you will get all the details...particulars of claim...solicitor etc...then you can move it to the next stage and decide if you wish to proceed.

 

 

 

I theory you can set a side and negotiate with the claimant not to oppose the set a side on the understanding that you will make full payment...they wont agree obviously if you try to dispute the amount.If you wish to dispute the amount then it must go through the court and be judged.

 

 

 

I would try to recover the paperwork first...then review your position......the fee to set a side would be £155.00.

 

 

 

Andy

 

 

 

 

Thank you so much for your advice. One last question, what grounds would I use to argue the set aside, the fact that I didn't receive the paperwork?

[KJames]

Just to add - if the objective here is to clean up your credit file, then even if you get the CCJ removed, there is a strong possibility - 80%+ that they will default your credit file and you will be left in exactly the same position.

 

 

 

Surely a default isn't as negative as a ccj?