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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My husband was still paid wages when he left employment with

Resolved Question:

My husband was still paid wages when he left employment with Network Rail. We arranged a payment plan to repay these wages, but unfortunately we were struggling with debt and had to take out an IVA. The IVA company tried to contact Network Rail but they didn't get in touch. My husband then received a letter from Manchester County Court saying that he had to appear in court. He went to court and neither Network Rail or their solicitors attended the hearing. The judge said to my husband that if they couldn't be bothered to turn up he was 'throwing it out'. That was in 2012 fast forward to now and we have been to trying to get a secured loan. However they have now said that there is a CCJ restriction on the property. The original solicitors who took out the CCJ no longer trade and the passed it on to another solicitor who no longer trades. As far as we are aware they haven't passed it on to anyone else. Network Rail has no knowledge of this debt. We never received any documents from the courts and we never received any payment scheme or anything. How do we get the CCJ removed. Many thanks Jane Bibby
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 6 months ago.

Hi there. I am sorry, I sent you that response by accident. I will opt out so that another expert can assist you. Thank you.

Expert:  Ash replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear was the Network Rail debt INCLUDED in the IVA?
Alex

Customer: replied 6 months ago.
No the IVA company contacted Network Rail and they never got in touch with them.
Expert:  Ash replied 6 months ago.

Ok - you need to apply to set it aside.
You do this using form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

The Court will list the matter for hearing and decide whether to set CCJ aside. If the Court does then you can send it to the credit reference agencies (Experian, Equifax, Call Credit) and get it removed.

There will be a Court hearing and a fee to pay of £255, unless you are entitled to fee remission
Can I clarify anything for you about this today please?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Do we send the payment with the form or will they send us an invoice.

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