CCJ

[mishkan]

HI

I am new to this forum
I am wondering if I can get any advice here,

I have had a halifax credit card back 9 years ago,
it went to some agencies then to Lowell, and than to Bryan Carter,
they have issued a ccj against me in Feb 2014
I have tried to call Bryan a few times, but they wouldn't speak to me as I didn't pass their security questions,
Until once I gave them a wrong DOB (which I think halifax has this wrong DOB too) and I spoke to them,

Is there any way I can get this CCJ removed? as they have a wrong DOB? as it is a very old debt?

I did not make any payments to 6 years before the ccj was issued, can i fight it now?

[FlamingParrot]

Re: CCJ

Welcome aboard

HI

I am new to this forum
I am wondering if I can get any advice here,

I have had a halifax credit card back 9 years ago,
it went to some agencies then to Lowell, and than to Bryan Carter,
they have issued a ccj against me in Feb 2014

Did you receive the claim form last year? Have you moved recently? How come you only found out about the CCJ a year later?

I'm not trying to grill you, the reason I ask is because you'll need to be prepared to answer those questions if you wish to apply to have the CCJ set aside. The court will expect you to act promptly in applying for set aside.

I have tried to call Bryan a few times, but they wouldn't speak to me as I didn't pass their security questions,
Until once I gave them a wrong DOB (which I think halifax has this wrong DOB too) and I spoke to them,

Is there any way I can get this CCJ removed? as they have a wrong DOB? as it is a very old debt?

No point in speaking to them over the phone although you could try writing to them to say you intend to apply to have the judgment set aside since the debt would have been statute barred when they issued the claim. Keep it all in writing.

I did not make any payments to 6 years before the ccj was issued, can i fight it now?

If the debt was already SBd when the claim was issued, then you do have a good prospect of defending the claim so you should be able to apply for set aside. :thumb:

You need to submit an N244 application form and pay a fee of £155. You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details. Most applications will be dealt with at a hearing.

How much is the CCJ for?

[mishkan]

Re: CCJ

Hi


Thanks for you reply

I have just not seen it until later in the year on my experian report
the ccj is £1900,
its not the money,
I just don't want this on my credit file.

[FlamingParrot]

Re: CCJ

Thanks for you reply

I have just not seen it until later in the year on my experian report
the ccj is £1900,
its not the money,
I just don't want this on my credit file.

That's fair enough and you don't want to have to pay £1,900 for a debt that was already statute barred. A CCJ can be enforced in various ways, the creditor can apply for an attachment of earnings, a third party debt order or a warrant to send bailiffs round if no payments are made so it's best to get it sorted. I take it you are not a homeowner or they'd have applied for an interim charging order and you'd have been notified by the Land Registry had that been the case.

You may want to look here to get an idea about what to say on your set aside application: http://www.legalbeagles.info/forums/...044#post415044