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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 put against my name which I was not aware

Customer Question

I have had a ccj put against my name which I was not aware of, until I tried to apply for something. Where do I stand and what can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do they have your address correct? Do you have any defence to the claim?
Customer: replied 2 years ago.

Yes they had right address, as i have found out from their solicitors. The first i knew of the claim was when i tried to apply for something which required a credit check, they advised me of the ccj against my name when i asked for more information the told me to open an experian account as it would have more details of the ccj. This is how i know who did it.

Expert:  Ash replied 2 years ago.
Do you know what the ccj is about?
Customer: replied 2 years ago.

Yes i do, but the option was not given to me to discuss it

Expert:  Ash replied 2 years ago.
Ok. But do you have any defence, putting to one side that you did not know about it?
Customer: replied 2 years ago.

The claim relates to money paid incorrectly into my bank, i had various people asking me to confirm it was there which i have not done till date. This started July last year.

All i wanted was for someone from bank to ring and explain to me how a third party got hold if my account details? Why did the bank reverse the process?

No one could explain this to me, end of nov last year i got letters from my insurance (which everything is linked to) stating i had no outsaoutstanding payments on the account they even gave me a refund.

Based on all this i assumed everything had been sorted. Till early this year in march i found out about the ccj against my name.

Sorry i have tretried to keep it short.

Customer: replied 2 years ago.

The insurance where dealing with a fire claim on a property i owned.

The mortgage on the property and the insurance was with the Halifax.

i sold the property Nov which was when i got a closing balance from them of everything owed which obviously includes the insurance

The bank took what i owed and the rest paid to me.

So i assumed the over paid amount from the insurance was included, as the difference from the sale of my property was less than i was expecting.

That with the fact that i had no correspondence otherwise. Plus the refund i thought the case was closed

Customer: replied 2 years ago.

Plus a letter from the insurance stating my account was closed with nothing owing

Expert:  Ash replied 2 years ago.
Ok. So do you have a defence to then claim? So I am clear.
Customer: replied 2 years ago.

Please explain what you mean by a defence to the claim?

Expert:  Ash replied 2 years ago.
Ok. You can only apply to set aside the CCJ if you have a defence to the claim. Just not getting the claim form is not enough, you need to show you have a realistic defence to the claim.
If you do then you can apply to set it aside. You need to complete form N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf and pay a Court fee of £155.
The court will list the matter for a hearing and decide whether to set it aside. You will also need to attach a copy of a defence to the claim so the Court and Claimant can see how you have a defence.
But you can only set aside if you have a defence, which should be annexed to the application to set aside.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

i still don't understand the defence to the claim?

Expert:  Ash replied 2 years ago.
Ok. There is no point setting it aside if you don't have a defence as it would be just delaying the inevitable. Therefore you can only set aside if there is a defence to the claim against you.
Does that help?
Alex
Customer: replied 2 years ago.

So what would class as a good defence claim

Expert:  Ash replied 2 years ago.
If you can say why you don't owe it and have a good reason.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex