Urgent Underhand CCJ/Charging Order Help Needed Please!

[calamoli]

Hello,
I urgently need some advice please. I was horrified to discover that Maplin/Mortimer Clarke have been awarded a CCJ via Northampton CC Bulk Centre (re an old credit card debt) without my knowledge and giving me no chance to defend – something I believe that I could have done successfully, given that the account had been in dispute since 2008 and they had no documentation to back their claim.

It gets worse, as I did not find out that this had happened until I received a copy of an ‘Interim Charging Order’ on my property, which appears to have been granted from a court in King’s Lynn. I have managed to delay the final hearing, by requesting a change of venue to my local court, which is now set for early January. I understand I now need to apply to have the CCJ overturned (?) I'm researching this now but would really welcome any input, given time restraints.

I did send a CCA request to the Claimant, as soon as I found out and they responded, stating that they would put the Charging Order hearing on hold while they dealt with my request, but that I should have raised this before the CCJ – I quite agree and would loved to have done so, had I known about it! They have not produced any documentation relating to my request (I don’t think they can) and all I’ve had back from them since, is a copy of the notice of the new Charging Order hearing at my local court, which of course I already had. I can only presume from this that they have now lifted the ‘hold’ they had put on the matter, without complying with my CCA request, and are now hoping that the hearing will go ahead.

Obviously, I need to challenge the CCJ, but I also need a way to at least postpone this final Charging Order hearing. Could anyone please help me? I am worried sick with this hanging over my head and it just seems so unfair that I have not had a chance to fight this. I’m certain that they would never have got this far, without being so underhand. I feel very alone right now and I’m struggling to hold it together for my kids.

Thank you for reading this far - all advice gratefully received.

Calamoli. x

[Amethyst]

Re: Urgent Underhand CCJ/Charging Order Help Needed Please!

Hi

Yes you will need to apply to the court to set aside the judgment.

This is the form N244 and a fee of £155 ( unless on certain benefits in which case you may be exempt )

There is some help with the basics of this in the library http://www.legalbeagles.info/forums/...lication-notes so have a look at that and shout with any questions you have.

You have done the right thing sending a CCA request. Any ideas how they managed to get the CCJ without you having received any paperwork from the court ?

Once you enter the set aside application it should put the charging order hearing on hold. I'm not sure what you submitted to have the charging order hearing moved to your local court.

Sharon
xx