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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I received a CCJ to my current address which I've been

Resolved Question:

Hi
I received a CCJ to my current address which I've been living for over 2 years. I never received any claim form. The claim form actually went to my parents address where I lived until 1998, they wrote back no person at that address the next I heard was CCJ against me to my current address.
The claim I could easily defend against and I've written to the court to have it set aside based on my never receiving the claim and that I will definitely defend myself and should be given the chance.
The judgement was on the 1st December, I sent it back on the 12th and the court received it on the 15th.
I have two simple questions; firstly, I read that it cost money to set aside but there was no mention of it on the form so I didn't send any. where or how do I pay or do I not need to al all?
Secondly, How long do I wait to hear back from them? If its not set aside I will have no choice but to pay and if so I want it done within 28 days so that it doesn't get onto my credit file. What do I do?
Your knowledge and advice will be appreciated.
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 : You need to complete form N244 to set side which can be found here
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Alex Watts : There is a court fee of £155 to pay unless you are entitled to fee remission
Alex Watts : The court won't process the application until you pay the fee.
Alex Watts : So I would send a cheque to the court or they may take cards over the phone.
Alex Watts : But yes if your application fails and you won't pay within a month it will be on your credit file.
Alex Watts : But if you have a valid defence, then it will be set aside.
Alex Watts : Not receiving the papers is not a valid defence, you need to show why you don't owe the money
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you for that. They say its for a loan from 2009. I wrote to them about 3 years ago from my previous address for proof that i owed them money and they ignored three letters. so they have no proof. I didn't write that on my form, I only wrote that I didn't receive it, I completely reject the claim and I can defend myself against the claims. Is that not enough?

Customer:

If you don't think I will get it set aside from this can I put in another form with a stronger defence? I haven't paid for the form yet.

Customer:

And finally to go back to my original question. If I pay how long until I find out if it has been set aside? If it is more than 10 days then I will have lost my chance to settle before the 28 days. That's a big risk because I know if i get it set aside i will win the court case but if i dont then I have a record against me for 6 years. That is all. Please advise.

Alex Watts : Did you inform them you had moved?
Alex Watts : Yes you have to wait until the court lists it to hear whether it will be set aside. It is not automatically set aside because you ask it to be
Alex Watts : There will be a court hearing,
Alex Watts : Of course you run the risk if it is not set aside and over the 28 days you will have a ccj
Alex Watts : that is the risk
Alex Watts : but if you have a valid defence the court will set it aside.
Alex Watts : Does that help?
Customer:

Yes, it does answer my question. The only thing that I have to consider is, will the court be satisfied with my defence that I have asked for proof and they couldn't provide it, as well as not receiving any documents. What do you think? I will decide my options based on that.

Alex Watts : If you dispute the debt then you have a defence. But you need to say why.
Alex Watts : Just asking for proof is not enough you need to say something more.
Alex Watts : Ie you didn't sign for a loan, the Amount is disputed etc
Alex Watts : Does that help!
Customer:

Thanks for that. I did write that I completely reject the claim because I have no idea what it is as I never received any papers and I have no loans and just one credit card. I hope it will be accepted.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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