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Is it too late to fight a CCJ?

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  • Is it too late to fight a CCJ?

    I subletted a room in a house in London for about three months in late 2009. Due to health issues, I was unable to pay the rent, and despite me staying in communication with the guy I subletted from with regards to working out a payment plan, he pretty quickly started a county court action.

    I sent off the form wherein I stated that I agreed with the claim and would pay so much each month. A few weeks later, I receive a letter from the court saying I had received a judgement by default and had to pay three times the amount I had put in the form I sent. Turns out the court never received the form.

    Eventually a warrant of execution was sent, which I am currently trying to have removed. I, however, have had grave doubts about his legal claim to the money recently, for the following reasons:

    1: I did not have exclusive use of the room. Certain weekends he would come back and I would have to sleep in the sitting room.
    2: Nothing, with regards to me subletting the room was signed between myself and him.
    3: The landlord was clearly not aware of the situation, as the room had a damp problem, and whenever he came round to take a look, I was made to leave until he was done.

    Therefore, when I have had the warrant removed, is it possible, despite the judgement, for me to contest it? If so, are these three things enough for me to get the judgement changed in my favour? If so, will that mean the CCJ is removed from my record?

    Help would be massively appreciated with this!
    Tags: None

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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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