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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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My wife has a CCJ appear on her credit report. We have no idea

Resolved Question:

My wife has a CCJ appear on her credit report. We have no idea what it is for and it is marked against an address we have not lived at for 7 years.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
I would like to know how to have the CCJ removed
Expert:  Jo C. replied 1 year ago.
It isn't that simple.
You have to first identify it. That is quite easy to do normally as credit expert scores usually contain helpful information about who to contact at the bottom of your credit report. Also, the trustonline website contains details of the person who has the CCJ.
If you get over that hurdle and it is a CCJ that you have no reason to have then you have to apply to get it set aside. It is not a ground to say that you don't owe the money but it is a ground to say that you did not receive the summons which is a consequence of your post above.
If you can get over that hurdle then usually it is set aside. They may sue again but then you can defend in the normal way.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I have details of CCJ but it doesn't state who made the claim. We have a case number, the name of the court and the amount. It then states unsatisfied judgement.So, as we have no knowledge of this claim, I want to remove it. If money is owed, we will happily pay it once this CCJ is set aside and we receive a formal notice.Is it easy for me to apply to the court or is it prudent to ask a solicitor?
Expert:  Jo C. replied 1 year ago.
No, you can do it yourself. It is easy to do.
You can't get the CCJ removed on the basis that you would have paid it though.
Your only grounds are that you didn't get the summons and I suppose you could argue that there were no attempts at debt collection.
Customer: replied 1 year ago.
We didn't get the summons, we only returned to the UK last year after 6 years abroad.So, how do I apply?
Expert:  Jo C. replied 1 year ago.
Does that mean it was sent and you just didn't receive it because you were away?
Or were you keeping tabs on your post?
Customer: replied 1 year ago.
No, haven't received or seen anything to do with the summons. I am assuming it went to the address on the report which is, as stated earlier, an old address for us. The strange thing is the date on the CCJ is 26/11/15.
Expert:  Jo C. replied 1 year ago.
Then it is a recent CCJ.
You just apply to set it aside using the N245 form from any county court.
Customer: replied 1 year ago.
N245 OR N244?
Expert:  Jo C. replied 1 year ago.
Sorry, N244 form. The general form. There probably is a more specialist one but I always use the general form.
Customer: replied 1 year ago.
Ok, thanks. Final questions, on application form;1. Do I need to apply for a hearing?
2. Can I send electronically or do I have to post. Either way, to whom?
3. Is the fee £155?
Expert:  Jo C. replied 1 year ago.
1 No, but the other side will probably want one.
2 I think there probably is a way of doing it electronically but I always do it manually.
3 Yes.
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