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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Few weeks back I was checking my credit file and realised a

Customer Question

Few weeks back I was checking my credit file and realised a CCJ was issued by Cap Quest early 2015 against my old home address. I then contacted the County court and they advised the CCJ notice and summon was served at my old address and the case also was transferred to the local country court in Colchester.
However, I had the detail to contact claimants solicitor obtaining from court and they were unable to provide all the information. Having a conversation with them I realised, total CCJ amounting £3816 was for one of the Bank of America account (MBNA credit card) issued before 2005. But as per the defender's solicitor the default on the account was issued on 30 June 2009, yet I cant find any default notice on my credit file matching approximate amount (£3816).
I want to apply for CCJ to be set aside as a summon hasn't been served correctly.
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you.When did you find about this please?Alex
Customer: replied 7 months ago.
I have checked my credit file around 4 weeks ago and then had to contact court to find out who was the claimant.
Expert:  Ash replied 7 months ago.
Ok then you dont need to worry. It is only on your credit file for 6 years, so wont show. In any event they can't enforce it without leave of the Court.You can just leave it there and not worry about it or apply to set aside.You can do this using form n244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfThere is a court fee to pay and you will have to attend a hearing.Can I clarify anything for you about this today please?Alex
Customer: replied 7 months ago.
Hi,Thank you for reponse. It's showing in my credit file and will be for another 5 years or so, which I don't want due to nature of my work and profession.I'm not sure what do you meant by "on your credit file for 6 years, so wont show" & "can't enforce with out leave of the court", can you explain ?Could you please help me how to set aside filing N244 form. Also shall I contact cap quest to remove it or is it something I have to do myself.And what about requesting a CCA ?Thanks,
Customer: replied 7 months ago.
Also, is it a requerment to serve default notice before issuing any CCJ. Because there is no default showing for that amount neither by Barclays or cap quest ?
Expert:  Ash replied 7 months ago.
Yes they will issue a default notice. But the default notice does NOT need to appear on your credit file.Does that clarify?Alex
Customer: replied 7 months ago.
Ok but can you explain my previous question please ?
Expert:  Ash replied 7 months ago.
Can you be clear which one so I can address it - thanks
Customer: replied 7 months ago.
Ok I'm reposting as belowHi,Thank you for reponse. It's showing in my credit file and will be for another 5 years or so, which I don't want due to nature of my work and profession.I'm not sure what do you meant by "on your credit file for 6 years, so wont show" & "can't enforce with out leave of the court", can you explain ?Could you please help me how to set aside filing N244 form. Also shall I contact cap quest to remove it or is it something I have to do myself.And what about requesting a CCA ?Thanks,
Expert:  Ash replied 7 months ago.
On credit file for 5 years - I said: I read that your loan defaulted in 2005 but assumed this was the same date as the CCJ. However I note that the CCJ was issued in 2015 and sadly therefore they are in time.Set aside - that is an additional service which I can assist with completing the document. I can help but its not included within the question price.It does appear you have a defence as if the default was in 2005 they cant wait 10 years for a CCJCan I clarify anything else?Alex
Customer: replied 7 months ago.
Ok let make it clear, the credit card was issued before 2005, default was issued June 2009 and CCJ was issued Jan 2015 to my old address with out serving a correct summon or opportunity given to defend. So I know I have a defence which is why I mentioned in my initial question about willing to set aside and assistance needs on that perspective.Will you be able to add any further thoughts or advise on that ?
Expert:  Ash replied 7 months ago.
You apply to set aside on the basis that you have not been served with the claim form.You can only defend the case if you actually have a defence, ie its not your card, not your debt.But the test for setting aside is: Do you have a realistic defence.Does that clarify?Alex
Customer: replied 7 months ago.
That's why I need your assistance in first place, I know all that but question is can I apply for set aside and if do would you be able to assist me with the information to include in N244 ?

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