CCJ Please - Court Hearing help

[mightyg]

Re: CCJ Please - Court Hearing help

does this mean if I lose ccj will be back on register and I won't have any option to remove it?

Why will court representative make it clear to me thats shocking

thanks

- - - Updated - - -

I've found this info

If you are successful in having the judgement set aside, then it will take the proceedings back to the County Court Claim stage, and you will be able to start your defence fresh.

Having had it set aside, you have the following two options:
i) pay out the company the amount they are asking and then they will no longer have a reason to lodge court proceedings against you. The matter is now over – you don’t owe any money and you don’t have a CCJ against your name.

ii) advise the company you will be defending the re-hearing and make sure they have your current address. Wait till they re-issue proceedings against you and then lodge your defence with the court withing 14 days. wait for the court to notify you of the hearing date, and then attend court on that day defend your case. Best case scenario is you win and have no CCJ and nothing to pay. Worst case scenario is you lose the case and have a new CCJ made against you. However, your 28 days grace to pay starts again and if you pay the full amount owed (including court and legal costs claimed against you) within 28 days, then the CCJ is totally removed from the register.


If I choose this option and say I lose at hearing and pay within 28 days. What documents do I need to get rid of ccj from my file?

[nemesis45]

Re: CCJ Please - Court Hearing help

does this mean if I lose ccj will be back on register and I won't have any option to remove it?

Why will court representative make it clear to me thats shocking

thanks

- - - Updated - - -

I've found this info

If you are successful in having the judgement set aside, then it will take the proceedings back to the County Court Claim stage, and you will be able to start your defence fresh.

Having had it set aside, you have the following two options:
i) pay out the company the amount they are asking and then they will no longer have a reason to lodge court proceedings against you. The matter is now over – you don’t owe any money and you don’t have a CCJ against your name.

ii) advise the company you will be defending the re-hearing and make sure they have your current address. Wait till they re-issue proceedings against you and then lodge your defence with the court withing 14 days. wait for the court to notify you of the hearing date, and then attend court on that day defend your case. Best case scenario is you win and have no CCJ and nothing to pay. Worst case scenario is you lose the case and have a new CCJ made against you. However, your 28 days grace to pay starts again and if you pay the full amount owed (including court and legal costs claimed against you) within 28 days, then the CCJ is totally removed from the register.


If I choose this option and say I lose at hearing and pay within 28 days. What documents do I need to get rid of ccj from my file?

This about having a judgement set aside, your question as I see it was about paying a judgement order within 28 days and the CCJ not being registered, this option will remain open to you.
nem

[mightyg]

Re: CCJ Please - Court Hearing help

I would like to make very thing clear
I am going to file a defence today or tomorrow will send this by next day delivery to court and normal post to claimant.(with evidences)
After that all court formalities I’ve 2 options I will either win or lose.
Win ok done and dusted
If I lose, would I be given an option to pay ccj amount in 28 days to remove ccj from my credit file?


Thanks

[wales01man]

Re: CCJ Please - Court Hearing help

Donot think the 28 days are still available if its not set aside but its not your debt?

[nemesis45]

Re: CCJ Please - Court Hearing help

I would like to make very thing clear
I am going to file a defence today or tomorrow will send this by next day delivery to court and normal post to claimant.(with evidences)
After that all court formalities I’ve 2 options I will either win or lose.
Win ok done and dusted
If I lose, would I be given an option to pay ccj amount in 28 days to remove ccj from my credit file?


Thanks

Responding to PM
I'll put up my suggestions for the defence later to day, nearly done!!

nem

[mightyg]

Re: CCJ Please - Court Hearing help

Nem please clarify this for me please
I am going to file a defence today or tomorrow will send this by next day delivery to court and normal post to claimant.(with evidences)
After that all court formalities I’ve 2 options I will either win or lose.
Win is ok – case done and dusted
Please clarify:
But If I lose, would I be given an option to pay ccj amount in 28 days to remove ccj from my credit file?

[nemesis45]

Re: CCJ Please - Court Hearing help

Nem please clarify this for me please
I am going to file a defence today or tomorrow will send this by next day delivery to court and normal post to claimant.(with evidences)
After that all court formalities I’ve 2 options I will either win or lose.
Win is ok – case done and dusted
Please clarify:
But If I lose, would I be given an option to pay ccj amount in 28 days to remove ccj from my credit file?

Yes, the CCJ will not be on the credit file that quick,, but you need to act as quickly as possible.

nem

[FlamingParrot]

Re: CCJ Please - Court Hearing help

After that all court formalities I’ve 2 options I will either win or lose.
Win is ok – case done and dusted
Please clarify:
But If I lose, would I be given an option to pay ccj amount in 28 days to remove ccj from my credit file?

If the previous CCJ is set aside and this is a new judgment, then you can pay it within one month and it will be removed from the CCJ registry database which is a public record and totally separate from your credit files. To clarify, credit files are only available to companies that share data with the CRAs, such as financial institutions and the credit industry in general. CCJs on the other hand are a matter of public record so anyone can search those records (as opposed to credit files), for a small fee. For example, if I knew your full name and address I could search to see if you have CCJs but I couldn't search your credit files. :typing:

All judgments are recorded on the public registry database as a matter of course but it's up to individual creditors to update credit files. If they've obtained judgment, it will not be automatically entered on your credit file until the creditor decides to update it, but it will be on the registry. Similarly if the old CCJ is set aside, it will disappear off the registry but the creditor will have to update your credit files.

See below for full details regarding paying within one month: http://www.trustonline.org.uk/unders...stay-on-record

Removing judgments: paying within a month

If you pay your county court judgment in full within one month of the judgment date, it will be removed from the register.

You may have to tell the court this yourself – the person you owed money to may not have done so.
Step by step guide to removing judgments

Here’s what to do if you paid within a month

• Search the register First, search the register to see what is recorded against you. If a county court judgment is shown, and you paid in full within a month, you can apply to have the judgment removed.
• Contact the court This will be the court where your case was last dealt with. There is a form to fill out, and you’ll need to know the claim number.
• Get confirmation You’ll also need written confirmation from the person you owed the money to (so get a receipt). If you can’t get a confirmation from the person you owed money to, the court will write to them for you.
• Pay a small fee And there is a fee to pay – the court will tell you this

As you can see, it's up to you to ensure that the records are updated accordingly. As credit files are separate from the public records above, you should also make sure that they are also updated and that neither the old CCJ that was set aside, nor the new one (if applicable), show up on there. You should also check all three CRAs rather than just one, as they are independent companies, to ensure nothing shows on any of them. :thumb:

[mightyg]

Re: CCJ Please - Court Hearing help

Thanks for your reply.

That’s great, that’s what I thought I was confused with Fleming parrots earlier reply.
Can you please help me with my defence pls.

Thanks

[nemesis45]

Re: CCJ Please - Court Hearing help

Defence:
Claim No................................... ( set aside on date: Judge xxxxxxxxxx sitting at Xxxxxxxxxx Court
Between enter claimant's name:
and
Enter your name and address:

1. I became aware of a Judgement against me on date: .....obtained by ..............name original claimant,
on date:...........................:


2. I was not resident in the United Kingdom when this claim was issued and had no opportunity to defend the claim.
(a) Passport entries and details attached ( Exhibit 1P)
(b) attach any other proofs as in (a) above

3. Alleged debt was assigned to the claimant on date...................

4. This claim is in regard to an alleged agreement for provision of mobile telephone services
provided by name company..........................:

5. The defendant has no knowledge of any such account with this provider and all liability is denied.

6. On date ...................: I received a copy of a direct debt mandate ( Exhibit 2) from the claimant pursuant to a request for information.

7. It is denied that the defendant provided the banking details for this mandate and did not sign or agree to any such DD mandate.

(a) The mandate does not have my address as it was when this alleged account was opened.

(b). At no point since the inception of the alleged telephone agreement has any payment been demanded or made to
the best of my knowledge.

8. I your name am not now nor have ever been a customer of name company as a customer for telephone service.

9. The defendant avers that the alleged debt is statute would now statute barred under the provisions of the

Limitations Act 1980, the defendant having not made any payment or written acknowledgment of the alleged debt.


10. It is denied that the claimant is entitled to the relief claimed or any relief;

Statement of Truth:

I your name believe the statements made in this defence are true to the best of my knowledge.


Signed:........................................... . Date:

OK MG fill in the blanks and where needed amend exhibits .
Then post the finished article for checking then it can be put
on the thread.

[nemesis45]

Re: CCJ Please - Court Hearing help

Thanks for your reply.

That’s great, that’s what I thought I was confused with Fleming parrots earlier reply.
Can you please help me with my defence pls.

Thanks

Not surprised:

Defence draft Post#70

nem

[mightyg]

Re: CCJ Please - Court Hearing help

thanks nem really appreciate your and fleming parrots help. Will post the def tomm. to court n claimant and update you further .

[FlamingParrot]

Re: CCJ Please - Court Hearing help

thanks nem really appreciate your and fleming parrots help. Will post the def tomm. to court n claimant and update you further .

Best of luck ray: ray: ray: and do keep us posted :typing:

[nemesis45]

Re: CCJ Please - Court Hearing help

thanks nem really appreciate your and fleming parrots help. Will post the def tomm. to court n claimant and update you further .

Good luck MG we got their in the end via those countless PM's

nem

[mightyg]

Re: CCJ Please - Court Hearing help

Sure, thanks.