Request for CCJ to be set aside

[jojo03]

Hello,

I plan to request a CCJ on my file is set aside, would you be able to help me with this?

I never knew the CCJ had been actioned because the DCA (Sigma Red) sent the paperwork to a previous address. I discovered the CCJ when checking my credit file recently, it was applied in July 2013.

The debt in question is a very old T-Mobile debt which I believe should have been statute barred in 2011.
Opened: 11 Aug '06 with an initial balance of £192

First Payment: Not reported

Terms: Periodical repayments

Status: Defaulted on 10 Aug '10 with a default balance of £192

Last Updated: 1 Apr '15

Here are the details of the CCJ;£281 COURT JUDGMENT

NORTHAMPTON- Case No. 3QH*****

Name: Miss J R

Address:

Type: Court Judgment or Scottish Decree

Order Date: 1 Jul '13

Status: Active

Contact:
4th floor
St Katharine's House
21-27 St Katherine's Street
Northampton
Northamptonshire
NN1 2LH
01604 470 400



The debt should have been cleared by T-Mobile in the first place since they did not advise me of any cancellation fee's when I asked them prior to cancelling the contract. I wrote them a letter of complaint of which they didn't respond to, and then over the phone they agreed that if I paid £146.98 the remaining £282.27 would be struck off.
At the time the DCA was Moorcroft, so I passed on the information and they said they will wait to hear from T-Mobile.
They then sold the debt on to Sigma Red so I had to start all over again, I complained to T-Mobile once more with no response.
I then moved house and completely forgot about it. When they issued the CCJ I had recently moved and was heavily pregnant. If I received the paperwork I would have had a good case to defend, as I have copies of the emails I sent T-Mobile and the debt should have been statute barred.

I have found the N244 form but I am unsure about what I need to do. It appears I could be liable to pay court fee's of £150, which hardly seems worth it as the CCJ is £281.00.
Also, will I need a hearing? Do I need to contact Sigma to advise them of my intention to have this set aside?

Thank you!

[dan_1207]

Re: Request for CCJ to be set aside

The fee for doing this will be £155.00. You'll need to set out a coherent statement explaining why you have a reasonable prospect of defending the claim. Then, you'll need to prepare a defence. You'll have plenty of help from lots of people on here with everything you need to get this sorted out.

[jojo03]

Re: Request for CCJ to be set aside

Hi, thank you. If the decision goes my way in the hearing, are the court costs still payable by me? I don't have £150 to spare at the moment but I don't want to leave it too long.

[dan_1207]

Re: Request for CCJ to be set aside

Yes, they will remain your responsibility to pay and you're unlikely to recover them from the other side. You may be entitled to a fee remission, so may wish to check this: https://www.justice.gov.uk/courts/fees

[jojo03]

Re: Request for CCJ to be set aside

Ok yes it looks like I would have to pay which now makes me question if it's worth doing :-( so annoying as I wasn't at fault!
I suppose the benefit of me doing it will be that my credit score will improve massively... and I will have £126 less to pay.
Going to have to wait until I can afford it though which could be a while!

[jojo03]

Re: Request for CCJ to be set aside

This is what I have written for the n244 evidence box, do you think this would have been a successful defense?

I did not have the opportunity to respond to the claim form because I did not receive it. Having checked my credit file recently, I have discovered this CCJ and seen that it had been issued to a previous address. I have also only just found out that I am able to request that it is set aside.
I contacted the original creditor to dispute their claim in the form of a letter of complaint in June 2010. After receiving no response, I contacted them via email once again in July 2011. This time I received a response but it was completely irrelevant. I have copies if required as evidence. I was disputing the debt because when I cancelled my T-Mobile contract I was advised that there was no outstanding debt to be paid.
The claim was opened on 11 August 2006 with an initial balance of £192. I believe that this should have become statute barred in August 2011. This CCJ was applied to my file in July 2013. By July 2013 I was heavily pregnant, had moved home and as I thought that this was statute barred I did not think I had to contact Sigma or T-Mobile with my new address.
Had I have received the claim form I would have defended the claim in full, and since the debt should have been statute barred, I believe I would have had a real chance to successfully defend the claim.

I appreciate your time and advice. Thank you!