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Disputing a CCJ

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  • Disputing a CCJ

    I have had a CCJ registered against my name for an address I previously lived in. I moved in August 2012 and was sure I informed the company I owed money to along with a few others. My bank, electric, TV etc. were all notified and updated their details. I did it all by phone.

    In March, I joined a credit checking website to discover a CCJ on my file. Upon ringing the courts, I discovered it was the company that had raised it.

    I called them and in my panic, I used what money I could to settle the debt. All of the money has been paid. I admit that I owed the money.

    However, I was under the assumption it was being paid by a standing order each month. The standing order did not get set-up properly (something I am contesting with my bank); however, as I didn't think to check/didn't receive any correspondence from the company I assumed it was being paid each month. It was set-up to leave my account a day after I get paid so it was never something I would have "noticed" leaving my bank account.

    The company raised the CCJ in December and sent all letters to my old address as they insist I did not contact them to change where I lived. As such, March was the first time I had heard anything about it. In the past, they have contacted me by both phone and email when letters went without a response (I went on holiday for three weeks and did not reply to a letter).

    Do I have a case to dispute how the CCJ was raised on the basis that they did not contact me in the same manner they had done so previously? I can prove when I moved/that I contacted other companies and paid the outstanding amount in full on the day that I found out about the CCJ's existence.

    I have been trying to deal directly with the company to no avail and wonder if a N244 is the best option. Ideally, I don't want this hanging around on my credit file for six years.
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  • #2
    Re: Disputing a CCJ

    Hi duplicatetrack, & welcome to Legal Beagles
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    • #3
      Re: Disputing a CCJ

      Hi charitynjw. Thanks for the welcome.

      Comment


      • #4
        Re: Disputing a CCJ

        Originally posted by duplicatetrack View Post
        I have had a CCJ registered against my name for an address I previously lived in. I moved in August 2012 and was sure I informed the company I owed money to along with a few others. My bank, electric, TV etc. were all notified and updated their details. I did it all by phone.

        In March, I joined a credit checking website to discover a CCJ on my file. Upon ringing the courts, I discovered it was the company that had raised it.
        What company? :confused2:

        Originally posted by duplicatetrack View Post
        I called them and in my panic, I used what money I could to settle the debt. All of the money has been paid. I admit that I owed the money.

        However, I was under the assumption it was being paid by a standing order each month. The standing order did not get set-up properly (something I am contesting with my bank); however, as I didn't think to check/didn't receive any correspondence from the company I assumed it was being paid each month. It was set-up to leave my account a day after I get paid so it was never something I would have "noticed" leaving my bank account.
        Did you set up a standing order to pay the debt BEFORE they took you to court and they still did? Or did you set up one to pay into your CCJ once it had been obtained?

        Originally posted by duplicatetrack View Post
        The company raised the CCJ in December and sent all letters to my old address as they insist I did not contact them to change where I lived. As such, March was the first time I had heard anything about it. In the past, they have contacted me by both phone and email when letters went without a response (I went on holiday for three weeks and did not reply to a letter).

        Do I have a case to dispute how the CCJ was raised on the basis that they did not contact me in the same manner they had done so previously? I can prove when I moved/that I contacted other companies and paid the outstanding amount in full on the day that I found out about the CCJ's existence.

        I have been trying to deal directly with the company to no avail and wonder if a N244 is the best option. Ideally, I don't want this hanging around on my credit file for six years.
        You can try to have it set aside but you'll need to prove not just that you had provided your creditor with your new address but also that you have a good prospect of defending the claim. Without knowing what the claim was for, it's hard to guess. :ohwell: See this for reference regarding setting aside a CCJ: http://www.nationaldebtline.co.uk/en...e_county_court

        Comment


        • #5
          Re: Disputing a CCJ

          Originally posted by FlamingParrot View Post
          What company? :confused2:
          drydensfairfax. I was overpaid holiday at a previous job.

          Originally posted by FlamingParrot View Post
          Did you set up a standing order to pay the debt BEFORE they took you to court and they still did? Or did you set up one to pay into your CCJ once it had been obtained?
          I set up the standing order before they took me to court. I was trying to pay off the debt; however the payments didn't go through. So once I had moved, I received nothing from them to say it hadn't arrived. I assumed things were going swimmingly as they were sending letters to my previous address.

          Originally posted by FlamingParrot View Post
          You can try to have it set aside but you'll need to prove not just that you had provided your creditor with your new address but also that you have a good prospect of defending the claim. Without knowing what the claim was for, it's hard to guess. :ohwell: See this for reference regarding setting aside a CCJ: http://www.nationaldebtline.co.uk/en...e_county_court
          Thanks FlamingParrot. Your response is much appreciated.

          Comment

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