My wife had a major aneuryism and has huge cognitive damage

[Tomw]

I have to care for her full time..do everything for her. We rent and I am worried about getting a new place. I have one CCJ and some defaults outstanding..due essentially to the accident etc
Does anyone know if I applied to get the CCJ removed...since they sent it to an old adddrtess that this is a sufficient reason...also if the company I owe would be symathetic to settling for a lot less, We are benefits and likely to be going forward. Any advise gratefully received. Thanks Tom

[Naww]

I'm sad that you have to go through this, but you have to be strong, I think things will work out soon.

[EnglandPi]

How long ago was the CCJ issued?

[Tomw]

2018 just after she had her brain injury...it was at a previous address...do you think if I applied I could get it set aside on that basis...since the injury means she couldn't have paid it in time nor disputed it? Any advice would be appreciated

[echat11]

2018 just after she had her brain injury...it was at a previous address...do you think if I applied I could get it set aside on that basis...since the injury means she couldn't have paid it in time nor disputed it? Any advice would be appreciated

You should definitely contact the creditor to see if they will write off the debt under the circumstances, (if not except a token settlement figure, something you can manage to pay i.e.£50). Also ask they consent to removing the CCJ, send a Doctors letter with dates.

Send the following: - https://www.citizensadvice.org.uk/de...debt---letter/

You have evidence that when the CCJ was received, your wife suffered a brain injury and couldn't pay or dispute the CCJ,

You will need to complete and send a completed N244 form to the Court.

There is a court fee for setting aside a County Court Judgment. However if you have the consent of the claimant or did not receive the court claim or any court notice, there is a reduced fee.

You might be able to get help with fees, if on certain benefits etc.

It might be an idea to review all your debts, ask if they can be written off under the circumstances.

[MIKE770]

deleted

[MIKE770]

How do I use the N244 form to ask for the CCJ to be set aside?

If you want to apply to set aside a CCJ, you’ll need to fill out an N244 form (pdf). If you’re unsure about how to fill out the application form, you can use these N244 guidance notes (pdf) to help.

• The application fee is £255, but if you’re on a low income, you can apply to get help with court fees
• In the form, you’ll need to explain that you want to set aside the judgment and the reason why
• If you didn’t respond to the original claim form the court sent, explain the reason for this. If you delayed applying to set aside the CCJ after you found out about it, you should also explain why
• If you dispute the amount claimed, for example because the balance is wrong, or the debt was already statute barred before the claim was issued, explain this and include photocopies of any documents that support your argument

[echat11]

How do I use the N244 form to ask for the CCJ to be set aside?

If you want to apply to set aside a CCJ, you’ll need to fill out an N244 form (pdf). If you’re unsure about how to fill out the application form, you can use these N244 guidance notes (pdf) to help.

• The application fee is £255, but if you’re on a low income, you can apply to get help with court fees
• In the form, you’ll need to explain that you want to set aside the judgment and the reason why
• If you didn’t respond to the original claim form the court sent, explain the reason for this. If you delayed applying to set aside the CCJ after you found out about it, you should also explain why
• If you dispute the amount claimed, for example because the balance is wrong, or the debt was already statute barred before the claim was issued, explain this and include photocopies of any documents that support your argument

Thank you.

[MIKE770]

If both parties consent then the fee is £100

[Tomw]

You should definitely contact the creditor to see if they will write off the debt under the circumstances, (if not except a token settlement figure, something you can manage to pay i.e.£50). Also ask they consent to removing the CCJ, send a Doctors letter with dates.

Send the following: - https://www.citizensadvice.org.uk/de...debt---letter/

You have evidence that when the CCJ was received, your wife suffered a brain injury and couldn't pay or dispute the CCJ,

You will need to complete and send a completed N244 form to the Court.

There is a court fee for setting aside a County Court Judgment. However if you have the consent of the claimant or did not receive the court claim or any court notice, there is a reduced fee.

You might be able to get help with fees, if on certain benefits etc.

It might be an idea to review all your debts, ask if they can be written off under the circumstances.

Thank you very much for these suggestions

[Tomw]

Thank you very much for these suggestions