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CCJ Set Aside application

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  • CCJ Set Aside application

    Please heIp, I tried to get accommodation and was unfortunately told that I have a CCJ and could not rent and I am now in a bad place, I believed this to be an error, therefore I carried out a credit check which revealed that I had a CCJ issued 2months ago, thus I telephoned the court to find out who it was issued by, and it was an energy company.


    I have paid off all and every credit card / phone bill and I have done this for years , I am excellent in paying my owed bills, loans never missed a payment etc.


    This energy company and I have had numerous disputes over miscalculations with my bill and thier overcharging me, the last conversation I had with them was last year, where I informed them on the phone that I was moving address and gave the new address to them and warned them about complaints, this was over the telephone, at this point there was still outstanding balance that was not paid over this dispute. I also redirected my mail to my new address.



    They must have gone for a CCJ and sent it to a very old address (not my last known address) . Actuually, 3 address prior to thier billing address they sent it to (can be seen from credit check address history). They issued the CCJ in my absence of 315 . I did'nt even get the chance to challenge it and it has ruined my credit and life as I cant meven get accomodation (I am lodging).


    Please I need help with this CCJ, how can I reverse this and get the CCJ removed as soon as possible?Help with an application statement?




    I also stumbled upon this article and it describes how I feel. Insert the title below into Google as Im not allowed to post links as a new member.

    "Government crackdown on unfair CCJs by rogue companies"
    Tags: None

  • #2
    Morning,
    First of all, I would suggest you take a look at my guide on setting aside a CCJ so you get a broad idea of how things work and what you need to satisfy (CLICK HERE).

    On the face of things, I would think you have a reasonable prospect of getting the CCJ set aside, and I understand you told them of your new address but did you update your addresses manually such as on your credit reports, electoral roll, drivers licence etc. The other point is whether you are in a position to pay the outstanding balance or if the judgment is set aside but you eventually lose at a hearing?

    It would be helpful if you can give us the name of the energy company so we know who we are dealing with. Setting aside CCJs have to be done promptly so you need to get all your ducks in a row, but I would say that the starting point is to write a letter setting out the position and that you want them to agree setting aside the CCJ and withdrawing their claim altogether - you could offer to pay for the costs of the application so they don't, but if they refuse or ignore you then you should make them aware that you'll recover those costs if you are forced to commence legal proceedings. A short window of time should be given i.e. 7 days which ought to give you time to prepare your application.

    I've attached an example letter to the energy company although it is general in nature so you should adapt to reflect your current situation. I have also attached an example Consent Order which you should enclose for them to consider. When completing the Consent Order, try to keep it all on one page i.e. the address information.

    Ideally, you should send this straight to their legal department rather than faffing around so I would address it for their legal team and also send it by email too marking the subject line something like "Urgent: Intention to commence legal proceedings against [comapny name]" might prompt someone to pass it on to the relevant department.

    If you would like feedback from one of us before you send anything to the energy company post up your drafts (personal info redacted) and we provide our comments.
    Attached Files
    Last edited by R0b; 19th June 2018, 08:43:AM. Reason: Error in Consent Order
    Check out some useful guides below

    A guide to voluntary termination
    Seting aside a CCJ
    Completing an N180 Form (Courtesy of Jaguarsuk)

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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

    Comment


    • #3
      In addition you had a dispute with them that was logged, therefore they should not have gone forward to legal proceedings anyway. As such I would make a complaint to the Ombudsman straight away about them failing to resolve your complaint, the commencing legal proceedings, them sending those proceedings to a past address (not even the billing one) and then them obtaining judgement in those proceedings due to you being unaware of them.

      You should state that you feel their conduct to have been deceitful and they have purposely sent the proceedings to an old address, so as not to have to deal with your original complaint.

      The ombudsman is here: https://www.ombudsman-services.org/sectors/energy

      slainte caragh is very good with the non court proceedings side of things - how to handle the complaint and ombudsman so will be able to cover more with you that side.

      R0b 's advice should be followed for the set aside and legal side of things.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

      Comment


      • #4
        The energy company is Genergy please don't use them as they have destroyed myou livelihood/ credit file .

        Comment


        • #5
          First thing's first, I would strongly suggest sending a SAR request to Genergy.
          This costs 10 and you need to insist on full notes, transcript of telephone calls etc. I would then, armed with the evidence in black and white, contact the Ombudsman.

          This is where things can become grey, they might say you need to give them 8 weeks to resolve your issue before you can go to the Ombudsman. Keep reiterating the only settlement you will accept is your credit file being reset (due to you having no idea of the debt) and adequate compensation.

          Ask for a copy of the final bill, if you can remove all identification from it and post it here, I can do some math and check if I think it is correct or not.. and if not how much I suggest your bill should be!

          All I need to know is

          How many were in the property, if you were absent from the property for most of the day or not and if you have any hobbies/pets that would mean a high usage (I.E tropical fish, lizards etc- you would be amazed I have dealt with a guy who had about 4 snakes and a HUGE bill)

          We can and will help

          Callie
          PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

          "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

          Comment


          • #6
            Originally posted by slainte caragh View Post
            First thing's first, I would strongly suggest sending a SAR request to Genergy.
            This costs 10 and you need to insist on full notes, transcript of telephone calls etc. I would then, armed with the evidence in black and white, contact the Ombudsman.

            This is where things can become grey, they might say you need to give them 8 weeks to resolve
            Under the new rules there is no payment & they have 30 days to comply.

            Comment


            • #7
              Thanks Tom.

              I have been out of if for a couple of weeks. Blame the painkillers for that knowledge gap
              PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

              "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

              Comment


              • #8
                Originally posted by slainte caragh View Post
                Thanks Tom.

                I have been out of if for a couple of weeks. Blame the painkillers for that knowledge gap
                Bottle of Jameson would be my favourite.

                Comment


                • #9
                  Originally posted by ploddertom View Post

                  Bottle of Jameson would be my favourite.
                  Not allowed it, too many painkillers at the mo
                  I am a poorly called with a pummelled picanto atm Me Peke got pulverised
                  PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

                  "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

                  Comment

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