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JimLawyer
JimLawyer, Solicitor
Category: European Law
Satisfied Customers: 14262
Experience:  Senior Associate Solicitor
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1 - I have had a CCJ for over 2 years, and it may be late to

Customer Question

1 - I have had a CCJ for over 2 years, and it may be late to set it aside by CCJ.
2 - The claimant is satisfied, as the claim was put against me by mistake. The claimant can write a statement if needed.
3 - I want the CCJ completely withdrawn form my record, as opposed to being marked as resolved. What is the best way to do this, and improve my credit rating? Some advice I have heard mentions N161, another mentioned a draft order to the court with consent from the claimant to set the CCJ aside. What is the most effective way to resolve this matter and hopefully not having to go via a judge who can then though more spanners in the works.Thank you,Michael
Submitted: 1 year ago.
Category: European Law
Customer: replied 1 year ago.
I have seen this website and had a brief consultation with them, they mentioned the draft order approach.
Customer: replied 1 year ago.
https://removedltd.co.uk/
Expert:  JimLawyer replied 1 year ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you this evening.

I will firstly clarify the position and answer your 3 questions in turn :

1. No, a CCJ lasts for 6 years during which time you can still apply to the court to set it aside - if successful it comes off your record as if it never appeared;

2. Yes, if you can get their statement, this would support your application. You should also ask them for the court fee of £255 if it was made by mistake; and

3. You need to make a formal application to set it aside. The N161 is completely wrong as this is an appeal - where a judge was wrong to make a decision. A judge will need to hear your application but you can use an advocate if you do not feel confident - more details to follow....

For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years.

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here: https://www.gov.uk/government/publications/form-n244-application-notice

I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption – you can check your eligibilty here: http://www.gov.uk/get-help-with-court-fees

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made promptly. If you want an advocate to do the hearing for you, which is entirely optional, you can try http://www.lpc-law.co.uk who would charge around £250-£350 and the fee is recoverable from the claimant if your application succeeds.

If you decide to pay for an advocate then if your application succeeds their fee is recoverable from the other side - in addition to the £255 application fee.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 1 year ago.

Hello, I'm just checking whether I can clarify anything else for you or if you have any other questions?.

Many thanks,

Jim

Customer: replied 1 year ago.
I already made two N244 applications previously that weren't successful.1 - It has been a long time since the CCJ, does that not make the N244 application less likely to work?2 - As opposed to going via the N244 route, is there a way of removing the CCJ/withdrawing it with consent from the claimant?
Expert:  JimLawyer replied 1 year ago.
Hi, the courts like the applications to be made promptly, yes. But if there’s a good reason to set it aside then the judge will do so. No, the court has issued a CCJ and it has now gone on to the credit registers so the court is the only party able to remove it by order of a district judge. Does this clarify?
Expert:  JimLawyer replied 1 year ago.
Sorry you didn’t say you had already made two applications in your initial question - why were they refused please?
Customer: replied 1 year ago.
The first was refused because it was received a year since the CCJ. The second was because the first dismissed it.
Expert:  JimLawyer replied 1 year ago.
Ok, presumably the judge asked why it took a year to apply. It’s at their discretion to set it aside-there are no guarantees but if you do a well written witness statement and enclose a draft order you are more likely to get the judge on side with a further application.
Customer: replied 1 year ago.
Okay. I think I didn't do it will enough to be honest. So if you can guide me through that that would be very helpful.1 - From reading online, the claimant made the claim on MCOL, and it also shows on their site that the defendant is given the opportunity to respond. I was never given that opportunity or informed until after the CCJ was served.
2 - As soon as I got the CCJ, I emailed the court to ask why I just got a CCJ without getting a chance to defend myself. I promptly (within a few days) made the first N244 application by postal mail but did not hear back and it escaped my mind. I then made the second application a year later. However my second application reached them first and it was dismissed for being late.3 - I then wrote another N244 application which was also set aside since the first judgement was made.4 - I am not in the position to see how to go about it the most effective way.Any thoughts?
Expert:  JimLawyer replied 1 year ago.
Hi, if you draft the application I’d be happy to check it for you. I can’t do it for you as solicitor-client relationships are not permitted on this site. If you could rate the answer to the question I’d be grateful too. Thanks
Expert:  JimLawyer replied 1 year ago.

Hello, I'm just checking whether I can clarify anything else for you or if you have any other questions?.

Many thanks,

Jim

Customer: replied 1 year ago.
Hello Jim, I have attached the files from the case previously, and I have attached two documents with the word "NEW" at the start. Could you give me feedback on these please? I will then make any changes needed
Customer: replied 1 year ago.
I don't seem to be able to attach, so here are the documents https://drive.google.com/file/d/1L7cv_eXTF1cZkM1bte7Gs6vX5P0SnMmg/view?usp=sharing
Expert:  JimLawyer replied 1 year ago.

Thanks, ***** ***** there is nothing further that I can add, in respect of how to set aside the CCJ. I will therefore opt out to let another expert assist you with your question going forwards. Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.