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Have a CCJ of over 9K !! Help please ASAP

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  • Have a CCJ of over 9K !! Help please ASAP

    hello can someone tell me where to turn
    I received a court claim and was advised by a friend to use someone they knew who said they could prevent me getting a CCJ on my credit file and they would handle the claim for me and i wouldn't be bothered by the firm again. They changed the address on the claim form (to one in Birmingham) and they said they would deal with the whole claim. 2 weeks ago I get a letter from a company saying I owe their client 9K as a result of a lost court claim! And just 2 days ago i get notification from my credit report that a CCJ has just appeared on my credit file. I don't know what to do!. Ive been told by the courts even if I pay it off it will not go off my credit file as the hearing was in January and so past the timescale for it to be paid and removed. The person I used is no longer answering emails. They have completely screwed me, Someone said i could maybe get a set aside of the CCJ by a consent order but not sure if possible as the hearing was done and i lost it apparently. I didn't know anything about the hearing as it all went to this guys address in Birmingham and filled out the forms and replied to the courts etc
    Any ideas please!!!.
    This has come at a bad time as we had just started to approach estate agents and moving house
    Last edited by barrowboy; 12th November 2021, 09:27:AM.
    Tags: None

  • #2
    Hi BARROWBOY

    I think you need to make a complaint via CAB to Trading Standards regards the person / firm in Birmingham.
    As it's fraud / scam. Did you pay any monies to them? How did you pay? Debit or Credit Card?

    What you can do is try to get a set aside (you'll need a good reason). If you can get consent (order) from the creditor, that will help your cause.

    Then agree a schedule. Regards payment see if the Creditor will agree to 3 installments, then the matter goes before a Judge, hopefully he will agree to the set aside.

    Comment


    • #3
      Thank you
      I paid him £100. For that he filled in something called the AOS, logged my defence and then the allocation questionnaire, paid by bank transfer
      The court told me the hearing went ahead in my absence and never heard anything for over 9 months and the court had written to this persons address

      Comment


      • #4
        Originally posted by barrowboy View Post
        Thank you
        I paid him £100. For that he filled in something called the AOS, logged my defence and then the allocation questionnaire, paid by bank transfer
        The court told me the hearing went ahead in my absence and never heard anything for over 9 months and the court had written to this persons address
        The first step might be to contact the creditor to see if they will consent to the set aside, as their ultimate goal is to have the debt paid. See what they say, if they give consent the court fee is £100.

        It might be an idea to send the creditor a SAR, they have 30 days to provide all the data on the account, that should include the court documents. Make sure you get Proof of Postage.

        https://legalbeagles.info/library/gu...ccess-request/

        Here is some info: https://www.nationaldebtline.org/fac...side-a-ccj-ew/

        Comment


        • #5
          Originally posted by echat11 View Post

          The first step might be to contact the creditor to see if they will consent to the set aside, as their ultimate goal is to have the debt paid. See what they say, if they give consent the court fee is £100.

          It might be an idea to send the creditor a SAR, they have 30 days to provide all the data on the account, that should include the court documents. Make sure you get Proof of Postage.

          https://legalbeagles.info/library/gu...ccess-request/

          Here is some info: https://www.nationaldebtline.org/fac...side-a-ccj-ew/
          thank you
          I am contacting them today to see if they will agree to a consent order and see what they say

          Comment


          • #6
            As another side someone has told me that this person could be /could have unlawfully conducting litigation and it could be illegal/unlawful
            https://www.legalfutures.co.uk/lates...valid-ca-rules

            Comment


            • #7
              Originally posted by barrowboy View Post
              As another side someone has told me that this person could be /could have unlawfully conducting litigation and it could be illegal/unlawful
              https://www.legalfutures.co.uk/lates...valid-ca-rules
              It sounds like it, you'd need dig a bit deeper to find out what authority entitled them to carry out the work they did.

              Comment

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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