New CCJ *Advice Required*

[MatthewUK]

Hello Everyone,

I hope you are all doing well in this uncertain times. My name is Matt and I have an issue with a CCJ. I am dyslexic so please forgive any errors or mistakes I may make. I am also not at all familiar with court processes and similar. I am in absolute dire need of some help amn advice. I will outline the problem initially and ask questions if that’s okay. Please be kind I know I may have misunderstood, but I am in a really bad way with my mental health also not to chime on.

I have tried my best to understand the position I am in but really I am not sure what to do, and how to act I am basically paralysed with fear.

I have received a judgement in default letter from Northampton Court. Dated 3rd December, 2 days ago. I have tried to understand the process and steps I need to take. The issue is I have a part time job at a bank (not with numbers obviously) and if this CCJ remains I’ll lose my job.

So I’ve been trying to understand if I can apply to have this set aside as I did not have a good chance to defend as I wasn’t aware of this. All I had was the letter before action (I think) from the creditor who which I replied with a survey.

It is for a credit card which I defaulted on 2016/17. So my main question is can I apply to set it aside, do I I have time to do this? If I do apply to set aside and it’s failed. Can o still pay within 30 days or is it if I apply to set aside I lose that. I don’t have the money but it’s that important I’d lend it from anyone. I have poor credit for my distant pass but as I had no CCJ my employer took me on. But we must not have CCJs or we must be sacked.

I am so bad at writing and I’m a lot better on the phone or in person or responding to questions that writing statements.

I think I have a defence because of a number of things. I have tried to research but I may be very wrong. If someone could help me I could help them in any way I could

1) I didn’t know about the claim (but how can I prove this)
2) at the time of the credit card balance build up and default I was in a abusive relationship and this person used my card
3) I had payment protection on the card which I paid for and I lost my job and payments weren’t made after I lost my previous job
4) I don’t know if the company has a signed copy of the agreements
5) It is very detrimental to my job and well-being if this is there
6) the company leant me more than I could pay back and I had a lot of credit cards

honestly I am lost and pretty afraid. Can anyone help at all. I have a few mental health problems and this is making it all worse. This is not said for sympathy, just as an explanation as to why I may not Ben as smart as others on here or able to cope

thank you Matt

[EnglandPi]

The simple answer is: If the CCJ is paid within 28 days of the date on the CCJ it will not appear on your credit file and will not affect your credit worthiness. However after 28 days the CCJ will hit your credit file and remain there for six years. If within the six years it is then paid it will still remain on your file as Satisfied for six years.

[MatthewUK]

Thank you for your reply. I understand this point. Where I am confused is if I apply to have the CCJ set to one side. If it’s rejected so I get 30 days to pay it.

essentially what I think I’m asking is, if I apply for it to be set to one side am I waiving the 100% chance to have it removed compared to if I wait and see what the judge says.

[EnglandPi]

The time limit for payment without it affecting your credit file is 28 days this will not extend no matter what you do. Any application for a set aside will take you over the 28 days. Setting aside a CCJ will not stop the process.

[MatthewUK]

Ok thank you. So I guess for certainty I need to find the money.

[MatthewUK]

Or do you think I should try to apply to set aside?

[EnglandPi]

Thats for you to decide I cannot offer an opinion.

[Celestine]

If NOT getting a CCJ is the goal and avoiding it appearing on your file, then payment within 30 days is the only safe way.
To set aside a CCJ, you could do so on the basis you did not receive it, but you'd also need to prove you could have defended it? This would mean proving the debt that defaulted in 2017/18 is unenforceable; which could be a long hard fight.