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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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/Madam, I have been recently filed a CCJ against

Resolved Question:

Dear Sir/Madam,
I have been recently filed a CCJ against me and first of all I would like to dispute it and then should the credit prove that i actually owe them money then obviously clear the debt off, and remove the charge on my credit file.
Any advice?
Thank You,
MR A. Flora
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you get the summons?
Customer: replied 2 years ago.

the only information I have is the amount £3222 and some ref number which appears on my credit file, again at this stage i dont even know whetther i have been asked to attend a court hearing or what´s the situation

Expert:  Jo C. replied 2 years ago.
Ok.
So is this a court summons that you have received?
There is no CCJ yet?
Customer: replied 2 years ago.

this is what appears on my credit file


86, SANDRINGHAM ROAD, LONDON, NW2 5EN






























Name:



Mr Arcidescampos Flora



Date of Birth:




Court Details:



COUNTY COURT BUSINESS CEN / A0DJ473X



Type:



County Court Judgment (England, Wales and Northern Ireland)



Court Date:



26/01/2015



Amount:



£3,222



Date Satisfied:






Expert:  Jo C. replied 2 years ago.
Ok. That is a CCJ.
Did you get the original summons?
Customer: replied 2 years ago.

Yes I did, can send this afternoon. In any case, that´s a CCJ because of a Barclays Credit Card issued on 2011 which I have never used and worse of all I have been abroad starting-up various business so quite frankly i need the creditor company to actually prove where and when I spent all this money. I beleive i need a specialist solicitor ASAP...

What´s your thoughts?

Expert:  Jo C. replied 2 years ago.
No, you don't. It is very simple.
What I need to know is whether you got the original summons to attend court or admit the claim?
Customer: replied 2 years ago.

Yes i got the original summons but unfornutately as Im abroad didnt seem them, and now i have asked my assistant in the UK to mail them via DHL which I should receive no later than 3 days time

Expert:  Jo C. replied 2 years ago.
Ok. That is a problem.
You need to apply to set this aside. It is very simple to do that. You don't need a solicitor at all.
The problem here will be that you did get the summons. I realise that you may have been busy but unfortunately that is not a defence.
Not having received the summons is a classic ground to set aside a CCJ. You can apply anyway essentially on the basis that you did receive it, should have dealt with it and did not. If you try to make excuses you will definitely fail. If you put it on the basis that you should have dealt with it but did not then you might well find a Judge who is willing to set it aside in the wider public interest.
When it is set aside then it just returns to being a perfectly normal defended action against you.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Actually my assistant has scanned the originals before sending via mail, one of the difficulties is to deal with this matter from abroad...

i will be forward the documents now

thanks

Expert:  Jo C. replied 2 years ago.
Yes, I understand. But the law requires that you keep tabs on things like this even from abroad.
I don't need to see the documents. It won't change anything. You need to apply to set it aside.
Customer: replied 2 years ago.

ok i will apply to set it aside, and then what happens next? and how do I get this CCJ removed from my credit file?

Expert:  Jo C. replied 2 years ago.
If it is set aside then it is for the claimants to pursue this again.
If they do then you just defend it in the normal way.
Customer: replied 2 years ago.

What if I just pay it off at once?

Expert:  Jo C. replied 2 years ago.
If you pay it within 28 days of judgment then you can apply for its removal from your credit file on the basis that it is not an issue of poor money management but a dispute over liability or just other admin error.
Customer: replied 2 years ago.

And could you help with that?Cause I heard that creditors tend to Close their eyes sometimes when it comes to removal of charges into the credit file

Expert:  Jo C. replied 2 years ago.
This is a question and answer site. I can provide general information about your situation but we do not act for you.
However, you are right. They can be unco-operative sometimes. You can always complain to the DPA if they do not act because they have a duty to keep their information correct.
Customer: replied 2 years ago.

I appreciate and thank you for all your answers, could you refer someone who could act on my behalf then? Reason is simple, I am abroad, on one hand, on the other, i beleive if i hire a solicitor "they will look at the case differently an dmore seriously" , pardon if I´m mistaken...

Expert:  Jo C. replied 2 years ago.
You could instruct a solicitor. I wouldn't bother. It will be expensive and they will do nothing you cannot do yourself.
I realise you are abroad but we are only talking about sending letters or emails. It is all a paper exercise. You just write to them asking them to remove it with prove that you paid in good time. If they refuse to complaint to the Information Commissioner. You don't even have to phone anybody.
Customer: replied 2 years ago.

ok last but no least, can i contact you back in case i some some doubts or further queries?

Expert:  Jo C. replied 2 years ago.
Yes, no problem.
If it is connected then I don't mind answering follow ups.
Customer: replied 2 years ago.

THANK YOU VERY MUCH...

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
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