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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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02 have placed a CCJ without informing myself, I have phoned

Customer Question

02 have placed a CCJ without informing myself, I have phoned 02 and explained this to them, I have been a 02 customer for about 8years. They have all my contact details and yet failed to inform me of this. No emails , letters or phone calls. The only reason I found out about this is because I have tried to apply for a mortgage. The CCJ was for an amount of £266.
Any help with this matter would be greatly appreciated.Matt brooks
Submitted: 12 days ago.
Category: Law
Expert:  F E Smith replied 12 days ago.

Hello for clarification - how long ago was this ccj put on your records?

what was the reason?

Customer: replied 12 days ago.
About 6/7 months ago.I’m been told for early cancellation fee. As soon as I found out I owed money,it was paid that day. But I only found out because I applied for a mortgage ..... and because of the CCj it was denied.
Expert:  F E Smith replied 12 days ago.

You now need to apply to court to set aside the judgement.

The process is shown here. The fee is £255.

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

you need to have a reasonable defence or another reason why the judgement should be set aside and that is because you did not receive any court papers and that the matter has since been settled.

What would normally happen is that if you got the judgement set aside it would then go forward to a full trial hearing where the matter would be decided by a judge. There is no need for that now because you have paid the amount but you could ask the court order that the court fee and any solicitors costs that you have already paid, are returned to you.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.