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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 two county court judgements against me paying

Customer Question

I have had two county court judgements against me for not paying the ground rent on an apartment I bought one year ago, due to the fact that the ground rent company sent the demands to the aprtment, not my correspondence address. These demands and court orders were not given to the agents that rent the aprtment out for me, only presenting them to the rentals agent after I have paid the arders and costs involved. The second one was less than 30 days opld, so will be removed automatically. The second , although now paid, was OUTSIDE the 30 day period, so will now go on record for 6 years, albeit be marked as satisfied. I deal in property and do not want anything on my credit record stating that I had a ccj against me. How can I get the ccj set aside or eradicated, as this was clearly not my fault. The solicitor that dealt with the transport of the property is adamant that she provided the ground rent company with my corresspodence adress. I have all the corressponcence now in my possession and the ground rent company said they would help me, but I have not had any reply from them. I have phoned the county court and their advisor said there are 2 ways, either on my own, or "with consent" although neither is a gaurantee that the judge will oblige unless I have a good case. Can you advise please?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Will the creditor agree that its set aside please?
Customer: replied 1 year ago.
Yes
Expert:  Ash replied 1 year ago.
Ok. Then it can be done by consent. You need to make an application using form N244:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
The Court fee is £50. All you need to say is that it is set aside because although it was paid outside the 30 day period it has been satisfied and the Claimant agrees for it to be aside.
The Judge is more than likely to agree.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
I have actually just received a phone call from the person acting on behalf of the ground rent company, stating that he will help me with my application and what to do, letter to write, etc. as he has the experience and believes me, so unless the judge is awkward, my application should be successful.
Expert:  Ash replied 1 year ago.
Yes it will be. If they consent its fine. Its £50 application fee and you can tick without a hearing.
But make sure you have evidence that the Claimant consents too.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes the claimant will write a letter of support. Thank you for our help.
Expert:  Ash replied 1 year ago.
Great. Good luck
Alex

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