Setting aside a CCJ

[PlsHelpme!]

Hi,
I have returned a completed N244 form to the court and have invited creditors to consent to have the judgment set aside. They have responded stating that this wouldn't be in their clients best interest so they wouldn't look to do so.
I am after any help/guidance that can be offered please.
Thanks in advance

[Amethyst]

Re: Setting aside a CCJ

HAve you heard back from the court as yet ?

did you pay the £100 or £255 fee ?

[PlsHelpme!]

Re: Setting aside a CCJ

I haven't heard back from the court - sent it recorded on Saturday morning and not yet paid. Do I call them to make payment?

[PlsHelpme!]

Re: Setting aside a CCJ

Sorry, this is all new to me, hence why I joined.
I have read other posts and found them to be very informative so thought somebody might be able to help.
It relates to an account terminated in 2005!

[Amethyst]

Re: Setting aside a CCJ

I haven't heard back from the court - sent it recorded on Saturday morning and not yet paid. Do I call them to make payment?

Yes - did you send it to the Northampton Business Centre ? If so give them a call, they can take payment by card. With a hearing is normally £255 ( which is required when without consent ).

What reasons have you given on your application for the setaside?

[PlsHelpme!]

Re: Setting aside a CCJ

Thanks, I will call them.
It was sent to the County Court Money Claims Centre, Salford.
I requested that an order to set aside a judgment was made and the defendant given a chance to defend the claim, believing there to be a real prospect of success.
I first learnt of the existence of this claim in July 2017, when I received an Attachment of earnings order. I checked my credit report and the CCJ was added in January 2017.
Since that time, I have been trying to find details of this account.
I initially thought account was statute barred as no payments made since 2009. However, whilst unemployed in 2015 did make 2 £10 payments, no doubt in fear with no understanding of what it was about.
Those who I originally took CCard out with have no details of me. All suggestions of other creditors that may have information, also have no records for me.
I stated that I firmly believed the creditors had no entitlement to collect this money.
I requested the opportunity to defend this claim, which I haven't been able to do before.
They cannot provide the basics - credit agreement, account summary. Letters that I do have all state different balances (none of which are the same as balance stated on CCJ) etc etc
Haven't mentioned all this in detail.

[Diana M]

Re: Setting aside a CCJ

when I received an Attachment of earnings order. I checked my credit report and the CCJ was added in January 2017.

You will need to deal with the Attachment of Earnings Order swiftly.

Di

[PlsHelpme!]

Re: Setting aside a CCJ

Hi Di,

OK, I didn't realise that I would still have to complete and return this at this stage.

I am very concerned about my employers being contacted and could no way afford the % amount deducted from my salary....

Please could you advise.

Thanks in advance

- - - Updated - - -

It will be late now. How should I proceed please?

[Diana M]

Re: Setting aside a CCJ

I didn't realise that I would still have to complete and return this at this stage.

I am very concerned about my employers being contacted and could no way afford the % amount deducted from my salary....

Please could you advise.

It will be late now. How should I proceed please?

I can't advise you but I can give you some information which may help to explain the situation. I think you need to contact your local CAB and asked their advice on how to proceed.

From your post I'm guessing you've received a Form N56 and you believe you've missed the deadline for returning it to the court.

I don't know what stage the AOE process has reached but if there is already an Order then ask the CAB if you have the option to ask the court to suspend the AOE until after the Set Aside Application has been decided.

Read this link from National Debtline > https://www.nationaldebtline.org/EW/...gsorders.aspx#

Di

[PlsHelpme!]

Re: Setting aside a CCJ

Hi Di,

Believe it or not, I have spoken to CAB, who were unable to help! I have no idea why. They could only offer advice on dealing with debt, not this situation.

I have just come off the phone from the CCMCC, who informed me my case had been transferred to my local court.

They advised that I need not complete and return the AOE form if I had completed and returned the N244 form.

They too are not able to provide advise but gave information about how they were surprised that claimants were not prepared to set aside when have no agreement, T&C's, account information for the account that this claim relates to.