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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had a CCj registered against me, it was for a mobile

Resolved Question:

I have had a CCj registered against me, it was for a mobile telephone 02 UK, they said I owed £300, which I did not as I had sent the phone back, but they kept billing me, I repeatedly rang them, this was in 2010 and the company passed the debt to BCW they sent a let in May 2011 I told them I didn't owe it then in Jan 204 I received a letter from the Court saying a CCJ would be registered. I accepted this although I know it can affect my credit rating. I have now received another letter from BCW saying I am behind with the monthly repayments as ordered by the court, the court did not order this. What should I do, can I ignore this as I do not want to pay this the debt, when it was registered it was £1748.21.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you not file a defence when the claim form came through please?

Customer:

no I did not file a defence

Alex Watts :

Why not?

Alex Watts :

When was the CCJ?

Customer:

I didn't think I had to, the CCJ was issued on 23/1/14

Alex Watts :

The problem is this.

Alex Watts :

You can apply to set aside if you have a defence, which you do

Alex Watts :

But the rules also require that you act promptly.

Alex Watts :

You have done nothing

Alex Watts :

You need to complete form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

There is a Court fee to pay as you are applying to set aside.

Alex Watts :

The fee is £155 but if you are on benefit or low income you may be entitled to fee remission

Alex Watts :

In your application you need to say why you don't owe it and why you have waited since January, some 8 months before making an application

Alex Watts :

If the Judge believes you then the CCJ will be set saide

Alex Watts :

* aside *

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes what can they do I never had any instructions from the court to pay monthly, I received the letter late as I was away, I assumed the CCj would be registered and stay on the file for 6 years.

Alex Watts :

You can apply to the Court to vary the order so you can pay monthly if you want.

Alex Watts :

And yes, its on file for 6 years from the date of Judgment

Alex Watts :

But if you contest the CCJ as a whole you need to apply to set aside

Alex Watts :

Does that help?

Customer:

I don't want to pay this, they had the phone back, I do not owe the money

Alex Watts :

Yes which is why you have to set aside the CCJ

Alex Watts :

If there is a CCJ - you owe it

Alex Watts :

It can be enforced

Alex Watts :

If you don't agree you owe it you need to set it aside.

Alex Watts :

But clearly the delay will cost you the £155 application fee, which is something you wont get back

Customer:

In what way can the enforce this

Alex Watts :

Bailiffs, make you bankrupt, attachment to earnings, charge on any property you own, freeze bank account

Alex Watts :

Does this answer the question for you today?

Customer:

Thank you, ***** ***** bit frightening. I signed up for the £30 didn't realise it was monthly, can I just have the free trial, what do I do to cancel this. You were very helpful, but I won't use the service again.

Alex Watts :

For that you need to speak to customer services.

Alex Watts :

However if this answers the main question can I invite you to rate my answer today please?

Customer:

Thank you

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