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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I WAS ISSUED WITH A CCJ BY A FORMER FRIEND STATING I OWED HIM

Resolved Question:

I WAS ISSUED WITH A CCJ BY A FORMER FRIEND STATING I OWED HIM MONEY FROM 51/2 YEARS AGO I DISPUTE THIS FACT.
I NEVER RECEIVED A DEFAULT NOTICE OR ANY WARNING THAT THE INTENTION WAS TO GO TO COURT.
I COMPLETED A N244 FORM AND PAID £80 TO THE COURT TO HAVE IT SET ASIDE.
I HAVE JUST BEEN CHECKING MY CREDIT SCORE AND NOTICED THERE IS THE CCJ SHOWING CAN YOU ADVISE WHAT I DO AND WHY THIS IS SHOWING AS I THOUGHT I HAD SET IT ASIDE.
I HAVE NOT RECEIVED ANY CORRESPONDENCE FROM COURT FOLLOWING SENDING THE NC44 AND PAYMENT.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has it actually been set aside yet please?
Customer:

I am unsure what thetime limit for it being set aside is as i sent the N244 and payment back in April 2013 and have not received any other correspondence?

Alex Watts :

Was there a Court hearing for the set aside application?

Customer:

Not as far as i am aware. I received no claim form prior to receiving the judgement for claimant (in default) and received no correspondence before action.

Alex Watts :

Was your cheque cashed for the application to set aside?

Customer:

i paid direct to the court by debit card. I have just checked my statement and think this shows as CCB office

Alex Watts :

Then you need to call the Court.

Alex Watts :

There should have been a hearing for the application

Alex Watts :

It is not done on the papers, only ever at a hearing

Alex Watts :

If there has been no hearing then it has not been set aside

Customer:

Do you think there has been an error?

Alex Watts :

Its possible they took the payment and didnt list it

Customer:

I did ask for a telephone hearing but have not heard

Alex Watts :

But I can't say of course I am only guessing

Alex Watts :

Either way there would have been a hearing

Alex Watts :

But call the Court and ask.

Alex Watts :

But you should know that to set aside a CCJ you have to show that you have a realistic defence, which is why there is a hearing

Alex Watts :

So:

Alex Watts :

1) Call the Court tomorrow and ask

Alex Watts :

2) If it has not been listed then ask that it is

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

just if it is set aside should it not show on credit reports as i wanted to remortgage!

Customer:

How would i determine it is set aside?

Alex Watts :

If it has been set aside you would need to send a copy of the order to the credit reference agencies

Alex Watts :

You would have known because the Court would have sent you an order saying its set aside

Customer:

No as i said i have not received any correspondence since completing the N244.

Alex Watts :

Ok - then you have to assume there has been no hearing and it has not been set aside

Alex Watts :

So call the Court tomorrow morning

Customer:

Thank you for your assistance, i appreciate it as i have never been in this predicament before

Alex Watts :

I understand. Is there anything else I can clarify for you

Customer:

If it is set aside will that be until i have to go and voice my reason for disputing the claim?

Alex Watts :

Yes - that is the reason for disputing

Alex Watts :

If the Judge considers you have a defence then they will set aside

Customer:

as i did not receive a claim form before receiving the judgement is that a valid reason along with the fact i have proof that the said amount was partly paid from my account etc

Alex Watts :

The fact you didnt get the claim form is not a good enough reason.

Alex Watts :

The reason is the amount claimed was partly paid from your account.

Alex Watts :

Can I clarify anything else for you?

Customer:

i read that i should of received months of requests for payment before i received the judgement but this was not the case - i received one letter which i the =n contacted the plainant and he agreed the matter was sorted - that was 41/2 years ago and then nothing until the judgement

Alex Watts :

Well you are talking about pre action. Forget that - that is not a defence.

Alex Watts :

Your defence is:

Alex Watts :

Any claim is statute barred (41.5 years ago)

Alex Watts :

In any event £ was paid from your account

Alex Watts :

That is your defence

Alex Watts :

Does that help

Alex Watts :

But dont worry about that until you know about the hearing

Customer:

statue barred?

Alex Watts :

They have 6 years to bring a claim for a debt. Out of time

Customer:

So he was in time

Alex Watts :

You said there was a letter saying he agreed you were clear 41.5 years ago? If that is the case, he is not out of time

Customer:

despite it being so long

Alex Watts :

Yes

Alex Watts :

Out of time

Alex Watts :

More than 6 years ago

Customer:

no letter he said i owed him nothing in a phone call

Alex Watts :

So any claim going back to 2008 is or earlier is statute barred

Customer:

ok thabk

Customer:

ok thank you

Alex Watts :

Can I clarify anything else?

Customer:

i will contact court tomorrow to clarify things and hopefully get it sorted

Alex Watts :

Great. Let me know how this develops and I am always happy to answer future questions

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Thanks will let you know

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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