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Filing N244 to get a CCJ revoked

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  • Filing N244 to get a CCJ revoked

    Hi,

    I found out a few months ago that I had a CCJ on my record. I did not receive any court letters or letter before action. I was not living at the address the company had for me at the time as it was a building site. The company in question knew that I was not living there and did not attempt to find the address I was living at.

    I am going to try and fill in an N244 form to at least try and get the CCJ removed. The company that took me to court mis-sold me a product and I did not pay for it. If I had known they were taking me to court I would have attended and tried to defend myself.

    I'm really worried about this as I have been looking into it and it's looking like perhaps too much time has passed. I do struggle with dealing with things like this and it's taking me so long to put together the witness statement. Is it possible to send the witness statement at a later date? or should I send it with the N244 form?

    I did try to get an online legal company to deal with this for me, but their initial quote was much lower than the final amount they wanted and I didn't have that much to pay them. So that has also wasted some valuable time.

    I'd be grateful for thoughts on this.

    Thank you.
    Tags: None

  • #2
    Hi Lock1408

    Welcome to LB

    The first thing to do is seek consent from the company to set a side the CCJ, If they give consent, then the fee is less.
    They might not give 'consent' if they decide to 'dig their heels in'. Write to the company explain why you are seeking their
    consent, i.e. you didn't get the Court papers, explain why etc. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/ho...-judgment-ccj/

    Also send the company a SAR request, they'll provide all the data on the account, they have 30 days.

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

    Update the thread when you get a response from the company.


    Comment


    • #3
      Thank you for taking the time to reply.

      I wasn't sure if the company could set aside the CCJ once it was already on my report. I also I imagine that I would have to agree to pay them.

      I contacted this company as they specialise in compiling reports needed for planning permission. They asked for my planning application number then sent me a quote for the report they said was needed. I agreed to them conducting the report, but it turned out that the report they provided wasn't the one required on the planning application so they then tried to get me to buy another and then another. I spoke with them on the phone, but they ended up putting me on loudspeaker in the office and making me feel intimidated from my lack of knowledge. I then chose to cease communication with them and not pay for the report. I then hired another company to compile the correct report.

      Comment


      • #4
        The company can't do the following, what they can do is give Consent.

        'I wasn't sure if the company could set aside the CCJ once it was already on my report.'

        From your description, I don't think they will give Consent. See link 2.

        Here's info on Witness Statements -

        https://legalbeagles.info/forums/for...ess-statement/

        Comment


        • #5
          Agreed, I don't think they would.

          My ideal outcome would be to get the CCJ removed and then start again with a new hearing so I can have my say.

          Thank you that's really helpful and a great template.

          Once last question. As time is not on my side should I submit the N244 form with a statement of fact so at least no more time has passed and send a witness statement in at a later date. Or should I just get it sent as soon as the witness statement is complete?

          Comment


          • #6
            Originally posted by lock1408 View Post
            Agreed, I don't think they would.

            My ideal outcome would be to get the CCJ removed and then start again with a new hearing so I can have my say.

            Thank you that's really helpful and a great template.

            Once last question. As time is not on my side should I submit the N244 form with a statement of fact so at least no more time has passed and send a witness statement in at a later date. Or should I just get it sent as soon as the witness statement is complete?
            I would get everything done in one go, that way you have set out your position coherently.

            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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