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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1344
Experience:  Solicitor
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My husband has a CCJ on his record which we would like to

Customer Question

Hello, my husband has a CCJ on his record which we would like to appeal to be removed from the register.We put our house up for sale during early 2014, with Sharman Quinney and it did not sell and we needed to relocate for work, so we took the house off the market during Oct 2014 and rented it out. We made Sharman Quinney aware we were taking off the market and that we would not be living in the house anymore as there would be a tenant. They did not ask for a forwarding address and we did not give them one as we did not believe there would be further correspondence.They had my phone number and email address and rang/emailed since Oct 14 about other services and us putting our house up for rent through them instead, or back on the market and regarding us buying a house in Stamford through another branch.A letter was sent in February 2016 to the house we rent out asking for £300 for marketing fees for taking the house off the market. Our tenant did not pass this onto us, or any of the further communications all sent by post to the address we no longer lived at. Unfortunately we therefore were unaware of this outstanding £300 and it escalated quickly and a county court judgement was raised. We then received copies of all the letters to our new address (as Sharman Quinney had done a credit check to obtain our new address), however unfortunately this was outside of the 4 week window to pay in order for the CCJ not to remain on my husband's record for 6 years. We paid immediately and spoke to Sharman Quinney and raised a complaint which took a very long time for them to respond.We are now in the position where the CCJ is showing up as satisfied on my husband's credit record, but is affecting us as we need to renew our mortgage on the house.We feel this is unfair as Sharman Quinney knew we did not live there%
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with this.
For now please let me know what date the CCJ was?

Customer: replied 2 months ago.
Hi Jamie,Sorry I don't have the paperwork to hand as I'm away with work this week, but it was raised in either April or May 2016. We received the letter around 7 weeks after it had been raised to our correct address.kind regard
Louise.
Expert:  Jamie-Law replied 2 months ago.

Was it as a result of a hearing?
Did your husband get the Court papers?

Customer: replied 2 months ago.
Hi Jamie,No as far as we know there was no hearing, it was just a result of Sharman Quinney raising a CCJ with the County Court as we had not responded to their letters and a CCJ was raised by the Local County Court stating if it were paid within 1 month then it would not be held on the register. We paid it within 7 weeks as soon as we received it, so it did not go any further, but is now listed as satisfied.We have a copy of the CCJ with the amount plus the £35 admin charge, but it is just 1-2 pages, no court papers.Thanks for your help
Louise.
Expert:  Jamie-Law replied 2 months ago.

So when he had the Court papers, I assume he didnt file a defence?

Customer: replied 2 months ago.
No, we haven't done anything other than pay the monies owed and filed a complaint with Sharman Quinney as we hoped they could contact the court to have the CCJ removed. They admitted that it had taken a long time to contact us and that they had had admin issues at that branch but said that there was nothing they could do to help us remove the record of the CCJ. That process took a very long time to get a response from them.
Customer: replied 2 months ago.
It was £300 plus £35 admin fee, and we were worried if we didn't pay it that there could be further repercussions and decided the best thing to do was to pay immediately as soon as we received the letter to our correct address so that no one could say that we had delayed any payments. We were obviously not appreciative of being contacted so long after the event to pay Sharman Quinney money, but it was not the £300 that was our concern it was the raising of a CCJ.
Expert:  Jamie-Law replied 2 months ago.

So you paid the ccj? Did you do that before judgment was entered? Did you pay the full amount claimed on the claim form?

Customer: replied 2 months ago.
Hi Jamie,Sorry for my late reply, I have been away with work.
I'm afraid I'm not entirely clear on the language used in your previous response. We paid the full £300 plus the £35 country court admin fee (£335) after we received the letter from the court to say a CCJ had been raised. We received a copy of this letter around 7 weeks after the letter was dated.I'm not sure at what process the judgement would be entered?kind regards
Louise.
Expert:  Jamie-Law replied 2 months ago.

Lets take this step by step. You got the claim form - when AFTER then did you pay the CCJ?

Customer: replied 2 months ago.
We paid it the day after we received it in the post.Which was around 7 weeks after the date on the claim form, as the original copy had been sent to our address which we no longer lived at.So, just to clarify the house we no longer lived at which was rented out (in March, Cambridgeshire) was the original location for the first copy of the letters and claim form (which we didn't ever receive). We then received copies of all the letters including the claim form to our new address (in Stamford, Lincolnshire) about 7 weeks after the claim form was dated. We then paid the money the day after we then received the copies of all of the letters from Sharman Quinney and the Claim form from the County Court.
Expert:  Jamie-Law replied 2 months ago.

Ok - so it was sent to a previous address?
Did you get a copy of Judgment in default?

Customer: replied 2 months ago.
Hi Jamie,Yes the correspondence was sent to a previous address, I thought I had made this clear in previous messages?I do not believe we have had a copy of Judgement in Default, only a Claims Form and the Judgement for Claimant:Background - we had put the property in March, Cambridgeshire up for sale with Sharman Quinney in March 2014. The house did not sell, so we took it off the market during October, 2014 (I have email correspondence evidence to state this), we told Sharman Quinney we would rent out the house and no longer be living there.Between October 2014 and 2016 we have had correspondence from Sharman Quinney via phone and email as they were trying to sell us other services such as renting out our house in March through them. However, at no point did they contact me to ask for new address details by email or phone in order to send an invoice for £300.They sent an initial letter dated 1st February 2016 to claim for £300 for marketing fees which we owed them for taking the house off the market to the address at March, Cambridgeshire. We did not receive this, as we do not live at the property.A second letter was sent on 29th February to state that we had 48 hours to respond before legal proceedings would commence (again to the address in March, Cambridgeshire, which we did not receive)A third letter was sent on 7th March to state again that we had 48 hours to respond before legal proceedings would commence. (again to the address in March, Cambridgeshire where we did not live).There was a Claim Form from Peterborough County Court for £300 plus £35 Court Fee (which was also sent to the address in March, which we did not receive).There was then a 'Judgement for Claimant' sent from the County Court Money Claims Centre as we had not responded to the Claim Form (which we did not receive) which was dated 5th May 2016 for the £335. This stated that if the monies were paid within full within one month that we could ask the court to remove the record from the register.We then received copies of all of the letters and the Claims form and the 'Judgement for Claimant' to our correct address in Stamford, Lincolnshire dated 20th June 2016. We paid the monies the day after we received the copies of the letters, but it was outside of the one month of the Judgement for Claimant being raised, so it has been listed as a CCJ Satisfied on my husband's account.We then put in a formal complaint to Sharman Quinney regarding how long it had taken for them to contact us, and that we were very unhappy with the email correspondence and phone calls to contact us to sell services, but not when it came to the outstanding money. We did not receive any communication other than via post to the address which we no longer lived at, when Sharman Quinney were aware that we did not live there anymore.They said there was nothing that they could do to help us remove the CCJ from my husband's record.So we are now in need of some advice to determine what to do in order to appeal to have the CCJ set aside please.Thank you
Louise.
Expert:  Jamie-Law replied 2 months ago.

What date was Judgment in default and when did you pay after then?

Expert:  Jamie-Law replied 2 months ago.

Just to be clear you paid how long after Judgment for Claimant?

Customer: replied 2 months ago.
The Judgement for Claimant was dated 5th May, and we paid on 22nd or 23rd June (my husband paid the money from his account so I am not exactly sure on the date but can check if necessary).
Expert:  Jamie-Law replied 2 months ago.

OK - will the Claimant agree to set the CCJ aside?

Customer: replied 2 months ago.
Sharman Quinney? I don't know. They have said that they can't help us with removing the CCJ and that we will have to apply to the Court to have it set aside, but I don't know how to go about doing this.
Expert:  Jamie-Law replied 2 months ago.

Ok - you need to complete form N244:

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

If they will agree for it to be set aside you tick the box without a hearing, enclose a letter from them agreeing to have it set aside. The court fee then is £100.

Submit form N244 to the Court where the Claimant obtained Judgment

If they dont agree, you need to tick the box with a hearing, but the court fee then is £255

Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
The form N244 seems to be quite legally worded, can anyone fill one in or do they need to be a solicitor?
Expert:  Jamie-Law replied 2 months ago.

No, its not online. You can do it yourself, they are fairly easy questions.
Then its just the evidence in box 10 you need to think about

Does that clarify?

Expert:  Jamie-Law replied 1 month ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

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