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A Guide To Setting Aside CCJ's You Never Received

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I'm going through all this at the moment and thought I'd create this thread to help out anybody interested in doing the same. After extensive conversations with National Debtline and lots of research online, I can offer the following advise (if anyone can correct or update this please chip in):

 

First of all, this relates to the setting aside (removing from the Register of Judgements) a County Court Judgement based soley on you not receiving the original summons. If you want to set aside a CCJ for any other reason, this guide is not meant for you.

 

You need to obtain form N244 (a generic court application notice) and send it to the court at which the judgement was originally obtained. This factsheet from the National Debtline is your friend and the specifics of which parts of the form to fill in (and the very useful sample form) is something you should study. Remember to sign Part B as well as the statement of truth at the end (something I didn't do the first time and had to send it in twice!). The fee for submitting this form is currently £65.

 

What the National Debtline's factsheet doesn't make terribly clear is that an N244 should only be submitted if you have a good chance of success; if you are not succesful, you'll end up paying all the costs which could be considerable. The way you can tell if you're going to be succesful is below. If you can't be sure, you may want to consider form N245 (an application to vary an existing judgement) which will allow regular instalments to become part of the CCJ itself instead of informally negotiated with a DCA which is much more dangerous.

 

In order for an N245 to stand a good chance of success:

 

* You must demonstrate why you did not receive the original CCJ or summons. If possible, provide evidence of this. For example, if you were not resident at the address, provide a tenancy agreement demonstrating this.

 

* You must give good reason why you did not give your new address to the creditor (being unaware of the debt at the time and therefore seeing no need to do so seems to work)

 

* You must state what would have been different had you known about the debt (for example, you would have paid it or defended the claim)

 

 

It appears to be a misconception that a judge is automatically going to set-aside a CCJ just because you claim you didn't get the documentation. The National Debtline tells me that if you have the above three things covered, you stand a better chance because it nearly always comes down to the subjective opinion of the district judge.

 

NB: Important. Before you file your N244, also find out what level of enforcement the judgement is at. Sometimes (like in my case) the judgement has gone to the High Court for enforcement. In this instance, in Part A you need to add that as well as looking for the judgement to be set-aside, you are also applying for all enforcement to be stayed pending the outcome of your application. It's probably a good idea to put that in regardless, actually - just in case. I was told it is a good idea to forward a copy of the N244 to the DCA or enforcement officers, who are unlikely to persue the matter while in dispute.

 

 

There we go. Thanks for all the advise either directly or indirectly given here - just trying to give something back :)

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Very useful, thanks....

 

Did you have any joy in getting it set aside?


Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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