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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75082
Experience:  Over 5 years in practice
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Ive found out purely by chance that ive got a ccj from a non

Customer Question

Ive found out purely by chance that ive got a ccj from a non paid parking fine dating back to last year while parking at my gp surgery, they had just set up the system and I didn’t know. Ive recieved no paperwork, i only know now because i contacted the court to find out what the ccj was for. So ive got an outstanding bill of £291 but i dont feel this is fair as i had no idea about any of it. Is there anything i can do? Can bailiffs turn up to my home? Thanks
Submitted: 13 days ago.
Category: Law
Expert:  Jo C. replied 13 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 13 days ago.

do they have the right address for you?

Customer: replied 13 days ago.
Yes
Customer: replied 13 days ago.
No thank you to the call
Expert:  Jo C. replied 13 days ago.

What is the date of it?

Customer: replied 13 days ago.
June 2019
Expert:  Jo C. replied 13 days ago.

If there is a valid basis upon which the claim may be contested, like a dispute over liability, then you do have the option to apply to set aside the judgment.

 

You can do that using the N244 forms although there is a fee. The application will be heard fairly quickly but you can also request that the execution is stayed in the meantime.

 

If judgment is set aside there will no longer be a debt although it may be brought again.

 

If you apply to set judgment aside you should draft your intended defence and give it to the court as part of your application.

 

A good idea is to ask the creditor if they agree with the application. Often they will and then it is almost automated. If they do agree, write to them confirming the agreement and copy it to the court.

 

Can I clarify anything for you?

Customer: replied 13 days ago.
What do you mean the debt maybe brought again?
Who is the creditor? You say ask the creditor if they agree with the application
Expert:  Jo C. replied 13 days ago.

They may sue again.

Customer: replied 13 days ago.
What happens if i dont do anything? If i dont pay it or contact the court? Should i have been summoned to court for this?
Expert:  Jo C. replied 13 days ago.

Then they may enforce using bailiffs and you will have a CCJ.

Customer: replied 13 days ago.
I already have a ccj though
Customer: replied 13 days ago.
i was never informed of a court date for the ccj is that normal?
Expert:  Jo C. replied 13 days ago.

No, but this is all covered above.

Customer: replied 13 days ago.
Its very underhand what if they say they wrote to me and i say they didnt, what view do the courts have on that do you know?
Expert:  Jo C. replied 13 days ago.

I have made a further offer.

Customer: replied 13 days ago.
I cannot speak on the phone now
Expert:  Jo C. replied 13 days ago.

No, I know.