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ccj

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  • ccj

    i have received a letter today from a debt agency that has been granted a ccj against me, i have received no info on this until the letter today everything they have used has been to my old address of 5 years ago. they claimed to the court that i have not payed any money since may 10 but i have been paying the debt off every month to the same company from the beginning apparently the debt was bought by the lewis group last year from the bank of scotland.
    to i have a leg to stand on to have the cck recinded or do i have to just take it and carry on the payments with the lewis group, i have spoke to them today and have to fill out an expenses form and agree a new payment with them.
    any help would be appreciated.
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  • #2
    Re: ccj

    In that the claim papers were not correctly served (wrong address) you can have the CCJ set aside.

    The County Court rules set out when you can apply to set aside a judgment. For example:
    You may not have received the original claim form.
    You may have moved house and not had post from your previous address.
    An order was made against you in your absence in certain circumstances.
    There may be an error in the judgment.
    You want to put in a defence and did not have the opportunity to do this.
    The proceedings did not follow the court rules.
    They were out to get me!! But now it's too late!!

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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.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    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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