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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have recently had a ccj put against due to a ex partner claiming

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I have recently had a ccj put against due to a ex partner claiming I had belonging of his and it got sent to me in a money value it got sent to me as a ccj as it went to default due to them sending the form for me to counter this to wrong addresses that my ex partner was claiming for me to live no im stuck with pay a 1200 bill which I don't owe
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask when you discovered the CCJ please?What was the date the CCJ was made?From what you say, I believe I'm correct in concluding that you dispute that you owe any of the money claimed?
Customer: replied 2 years ago.

basically this was set out I found out last October from my previous partner as he said I had belongings of his which I don't the im not sure when they started as they were sent to wrong addresses my previous partner was giving it was until I had a letter sent to my employer about it going to default and I owed this money as there was no response i replied to this in worry saying that i would pay the 100 to get them off my back whilst i was looking to see what i could do i had a phone call conversation with the civil justice centre where i sent a email to them to pass on to the judge which she read and sent back a general form of judgement stating that the debtor offered to pay therefore the order still stand i did it as i worried what would happen but didn't realise that this would show on my record i offered to pay the money the money to get them off my back not for it to turn into this as i don't owe him any money in first place

Expert:  Joshua replied 2 years ago.
Thank you. So to ensure I have understood correctly you discovered the judgment last October but have not to date taken steps to set aside the judgement. Is that correct?
Customer: replied 2 years ago.

i have taken step i only found out about this January due to letter not being sent to me

Expert:  Joshua replied 2 years ago.
Thanks. Sorry to ask this again, but I am not clear from the above the date you discovered the judgement had been made against you. Did you discover the judgemen in october or January? What steps since discovering the judgement have you taken if any to remove the judgement?
Customer: replied 2 years ago.

January i realised and i have rang the court to see what i can do and they sugguested for me to send a email which said this

To who this may concern,


This is the second email i have sent to this so i hope this has been received as this can not go on any more i am writing in regards ***** ***** property that has been claimed against but has now been turnt into monetary value for me to pay i need to make clear i do not any longer live the property in question or work at the place in question nor do i do have any of this property this was delivered to said claimant by myself and my friend

i now currently lodge with my friend at 18 mil and mews bs2 0pl which i happy for my mail to be sent to but must stress that alex can not know my address as he has become a massive hassle for me and my friends sending silly messages trunning up at different addressees and also to my work regarding all of this we split up over a year ago me and alex and slightly confused on why he feel this is nesscessary we split on very on bad term i understand as i couldn't be with him on more as he was to much which I'm sure if u have dealt with him individually u you would understand as is his family this has turnt from a claim into a bullying from them to me i do to understand how this has got this far i need this to stop as i know this bloke does not have anything in my possession and all i have is what is mine i know longer live at*****and the council cleared that property and took all that i needed to and was mine and wasn't junk before i moved on if there is anything in question to whether it was left you need to contact the bristol city council in regards ***** ***** as myself didn't empty that property as i left there very quickly and didn't return because of break in that happen a couple days after after me and the claimant splitting up which put worry into my i would like the chance to speak to judge that ov ruled the money that i offered just to get this bloke out of my life as i offered 100 in my first letter of this that i received on a n56 and was basically pushed aside to be told no i will be contacting your employer to get his money which caused me a lot of problems and question from them so there had to leave there asap which made me jobless homeless and well no longer contactable because of a childish boy who doesn't like that me and him are not together

I look forward to your reply

Joseph Magin

07984994724
Expert:  Joshua replied 2 years ago.
Many thanks for that. Default judgements are relatively straightforward to set aside but it is important to move quickly to do so. The first step is to get a copy of the judgement if you don't already have it now so you know the details of the claim against you and exactly what it was for. You can contact the Northampton Bulk Court Centre to obtain details of where the judgment was made and obtain a copy of it. They can be contacted by the following link. From what yu say you may already have this or at least know enough to know the above details already:https://courttribunalfinder.service.gov.uk/courts/northampton-crown-court-county-court-and-family-court From there you will need to consider making an application to set the default judgement aside using form N244.You will need to give a statement explaining the position briefly and ask the court to set aside the default judgement on the basis that you did not receive papers because they were sent to the wrong address address and that you had a reasonable prospect of a defence briefly setting out what that is. You will need to explain why you are late in making the application to explain the delay. You will have to pay £155 fee with your application. http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484 You do not need to prove in your application that you are not liable for the debt or submit a full defence, but merely that you did not receive papers and have a reasonable prospect of defending the claim. Assuming the application is successful and courts are usually very willing to allow default judgements to be set aside the claimant will be back to square one, the entry on your company credit file will be removed and the claimant will have to have a hearing to establish your liability where you will have the opportunity to fully defend your position in court or alternatively if you accept the debt, pay it. At the time your application is made, any warrant for bailiffs will also be suspended meaning that any bailiffs will be called off. Time is of the essence with such applications. Providing you can demonstrate that you have not delayed the application from the point you discovered the CCJ unreasonably and you can demonstrate that you claim that you did not receive papers and that is why you did not respond to them, your application to set aside the judgement is likely to be received well by a court. this is the one aspect I am concerned about in that if you discovered the default judgement in January, approximately four months has gone by since the date you discovered the judgement and therefore you will need to be prepared to explain the reason for the delay because the court will expect you to take steps as soon as possible having discovered the judgement to set it aside using the above procedure if this is your intention. Unreasonable delays can be prejudicial though my hope would be that you would be able to explain the reason for the circa four months delay from the point of discovering the judgement to making the above application. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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