ccj

[bateyes]

hello to all,
could someone please point me in right direction regarding a ccj just entered against me, we were not paid for a job, then owed suppliers, one supplier took legal action, what im not sure as i was very ill at the time and this period is extremely cloudy, no ccj was entered at this time.
the supplier made demand, i could not meet them so i just continued to pay them £125 a month, i kept them updated, solicitors letter claimed i was in default of agreement even though i never made one, i contacted the md of supplier they then agreed to £125 a month.
in may this year i had my bank account emptied by means of our stolen cheque book, i contacted supplier to update them, fortnight ago i again contacted informing i can bring agreement up to date this week, as i can, they were given incident numbers etc.
two days ago i recieved ccj, no notice no warning, the solicitor claims many things which are inaccurate.
i have a form to apply to have ccj set aside but not sure if i am actually able to do so, help please

[Guest]

Re: ccj

You cannot simply receive a judgment against you, are you sure it is not a claim form?

What inaccuracies is the solicitor claiming?

[Caspar]

Re: ccj

Cet,

I just discovered I've got one I knew absolutely nothing about. Turned out everything was sent to a very old address. Have applied to have it set aside.

It might be worth finding what address court info was sent to.

[bateyes]

Re: ccj

thankyou for replies
i have lived at my current address for 10 years.
about feb/march 2010 i did recieve something from northampton county court, however i really cannot remember what exactly, i was ill, bad enough for me to take steps to ensure all my worries were over, my son contacted all my creditors begging them to back off, there was some sort of legal process started but no county court judgement was enforced.
last thursday i recieved a document from northampton county court, which informed me a judgement was entered and i had 7 days to act, friday the judgement arrived

[Caspar]

Re: ccj

I suspect you've just identified where it has come from. If you were too ill to be able to deal with your affairs then the following may help:

Get a form N244 (generic court form and send it to the court where the CCJ was issued) here: http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf

This will help:

http://www.bdl.org.uk/images/12_how_...unty_court.pdf

[bateyes]

Re: ccj

many thanks very grateful indeed
at the beginning of this situation, i was virtually on another planet, i had slipped into a dark illness and im afraid i tried something which ensured all my worries were over on a permanent basis, if you follow what i am saying, the creditors were informed of my health issues by my son at the time and this is why, i think no further legal action was taken way back then.
so it was impossible for me to reply at the time,
Also i have just had it pointed out to me that the creditor prior to legal action, had given quotations then later charged more for the same materials, also drums of a certain cable were charged at a certain price, then a week later at a higher price then later again at an even lower price, my sons and i are going over past events right now, we all work together.

we have another problem, which is being dealt with by solicitors, the conclusion of which requires me to obtain a mortgage which is why im panicking about this ccj

[Guest]

Re: ccj

What action were you required to take in seven days and what were the inaccuracies you refer to in your first post please?

If a judgment is incorrectly served, you may have it set aside as of right, although you do need to act fast. Not having a judgment enforced is not the same as not having a judgment granted, but even then, it takes time and a great deal of paperwork.

[bateyes]

Re: ccj

hello many thanks for replies.
it would appear that some time in early 2010 my creditors solicitor took out a county court action at northampton cc, for some reason, this has not been entered on any register, i know this will sound daft but i really dont know why, this period is a bit of a dream really.
last week i recieved what i think is called a direction order, followed a couple of days later with a county court judgement, the first order to arrive stated i had seven days to respond, i contacted northampton cc, told them i didnt know what the hell was going on and they sent me a form , an application n244 i think, i have already filled this form in and sent it back as time was running out, i have included the truth , at the time legal proceedings began i was on another planet, not them words of course, and copies of letters sent by my son informing this creditor that i was ill, together with copies of a letter i sent to my creditors solicitor early last year explaining the same thing.
well ive done it now cant go back.
interestingly i have recieved another letter from the solicitor today telling me ive now got a judgement and giving me seven days to pay two months installments or further action and costs will be incurred, not quite sure what to do about that one .
I have sent copies of my application to set aside to the creditor and their solicitor

[Guest]

Re: ccj

Before they take action, depending on the wording of the order made when the judgment was granted, they would need to take some other, formal action first. This will have the effect of giving you time to find out what this is all about.

The latest letter from the solicitor should detail what you are supposed to pay and to whom and this might give you a clue as to what this is all about.

Who is the judgment in favour of?

[bateyes]

Re: ccj

thr judgement is in favour of one of my creditors, it is their solicitor who began legal proceedings early last year and continued sending me letters throughout.
the judgement entered last week states that i did not reply and judgement in favour of the claimant.
The solicitors letter recieved yesterday informs me of the judgement and its financial impediments to me, it also gives me 7 days in which to pay £250 which represents the one payment i missed (due to my account fraudulently being emptied) and this month which obviously this new action has taken priority.
i did not reply to the original court action early last year because of mt illness, both the creditor and solicitor were informed of that illness on a number of occaisions.
it would appear that legal action was instigated, then the full implications of my illness incapacitated me, my son informed the md of the creditor, then legal action must have been put on hold somehow but with county court action having proceeded without my knowledge, i am doing my best to remember what actually did go on early last year but the majority of this period is cloudy, very vague, when going through the copies of letters recieved and sent, things are coming back but not everything.
one thing is clear the creditor and solicitor were informed of my condition and of how far the condition pushed me.
i have applied for this to be set aside, i have included copies of letters from the solicitor and my responses. i am now in the courts hand, if unsuccessful i imagine i will have to get an iva or maybe even bankrupt, ive got no assetts , nothing, however we have also an ongoing legal dispute regarding an agreement with a relative made a decade ago, that relative died and her daughter (a nurse) is lying through her teeth, and is trying to get the proceeds of this agreement for herself which is substantial, while this dispute is looking favourable to ourselves we need to raise £14,000 to realise thr proceeds in our favour, we could well lose everything.
a decade ago my then wife became ill with scizophrenia this resulted in me bringing up our five children alone, everything i have ever done ive done for my children, i could now be in a situation where i lose the lot, but i will not give in till my last breath
many thanks for your commenrs