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Talk Talk applied for CCJ

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  • Talk Talk applied for CCJ

    Hello,

    Talk Talk has instructed JCI who have been successful in obtaining a CCJ against me. Form were sent on my previous address from where i moved 5 months ago. CCJ was applied just under 2 months ago. I did not get a chance to defend the claim and believe I may have a strong case to defend the claim as I do not believe I owe the money. However as the amount is just under £200, it is not worth the hassle to proceed with setting aside the judgement for which the fee is £155 and it can be time consuming and could impact a lot of other things.

    Is it possible for me to agree with the creditor to pay the amount on the condition to agree to have the CCJ removed using consent order. Given that company agrees to consent order, what would be the process to remove the CCJ? I send the consent form/order to court, court accepts (fingers crossed) and I send this to Registry Trust Limited for CCJ to be removed? or do i still have to apply to court to set the CCJ aside, pay the £155 fee using N244 form and only then consent order will be approved? A bit confused. your help will be much appreciated.

    thanks!
    Tags: None

  • #2
    Re: Talk Talk applied for CCJ

    If you go for option 2, you are effectively acknowledging the debt and accepting you are liable. You could try option 2 but is not always guaranteed and is discretion of the judge at the time. Talk Talk may not agree to consent without payment first, you make the payment they then sign it and judge refuses - your still left with a CCJ and in more of a difficult position to then set aside because you've already paid them.

    If you have strong grounds for believing the debt is not owed by you then I would strongly advise setting aside judgment. If you are successful and it is correct that Talk Talk have obtained CCJ against the wrong person you should be entitled to your cost of the application back.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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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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    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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