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I have a CCJ which I am applying to have set aside by completing…

I have a CCJ which...
I have a CCJ which I am applying to have set aside by completing a N244 for the amount is £1400.00 plus court cost and solicitors fees now it is £2000.00. I was not given any time scale to settle, still indispute with the amount. Now can I pay what I think I owe and have the whole matter set aside on the following grounds sent to wrong address, not given 28 days to settle b4 proceeding, received no correspondance from the university, agreed to pay the amount but heard nothing back from them, unaware it was passed to a debt recovery company. are there any part of the law i could include in the statement. should I pay what I believe I owe now in full and dispute the rest. do I include a covering letter, and How should I begin and end my letter and statement does my application stop bailifs coming to my address.
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6/29/2010
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,554
Experience: Over 5 years in practice.
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Can you tell me what the debt is for?
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Customer reply replied 8 years ago
university fees £1300, then it has risen to £1400 for library fees for a book that i do not have, as I returned it. I offered to pay the fees but was told that is the amount to pay.
Did the creditor have the correct address for you?
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Customer reply replied 8 years ago
They have not got the correct address as the university has used the old address and have passed this on to the recovery company,I have found out this as I applied for a mortgage and discovered i had a CCJ. Someone could have shot me down and I would not have felt pain, as I do about this. The university has my mobile number, which has not changed over the last ten ten years. I have missed all the deadlines for resolving this matter. I was not given 28 days notice nor confirmation, I have no correspondence or have they responded to several calls for a breakdown of the costs until I requested thsi last week again and have now been given this.

OK. Thats going to be a real problem for you.

 

did you give them the correct address?

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Customer reply replied 8 years ago
yes this was done over the phone.

 

Do they accept they were given the correct address?

 

Did you give them the correct address before they issued against you?

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Customer reply replied 8 years ago
1). the question that was asked by the finance department why did I not give the recovery company my address, this is simple, i gave the university my new address as we were still in negotiation regarding the outstanding amount. I have not entered into any discussion about my address,as I have made it clear that I have not received the papers, on any level just received a CCJ.

2).I had gave the address to the university, but they have never corresponded with me at my current address. I went back to my old address and there has been no letters no papers no summons nothing. It is these points that lead me to challenge what has been presented, I ned to have the CCJ set aside and I am aware it is not straight forward but I feel I have not been given an opportunity to present my case regardless of whether I have a strong case or not.

But you need to understand the difference between having grounds to set aside a CCJ and having a good case to do so.

 

If the forms went to the wrong address that would be a good ground to do so unless the court is of the view that you failed to give the creditor the correct address. in those circumstances your application would be refused.

 

If its refused, its game over whatever the merits of your defence.

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Customer reply replied 8 years ago
not sure what you are saying, regarding the information that was presented to you.

a)what are my grounds to set aside judgement
b) do I need to have a covering letter to support the N244 form
c) should this include asking for bailiffs, not coming to my address.

 

1 That the summons and other information went to the wrong address although you may have some explaining to do on that point. The rest is a non issue at this stage.

 

2 No. You can do if you wish but it needs to be stapled to the N244

 

3 No. That will make no difference.

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Customer reply replied 8 years ago
what about paying what I think I owe, ie £1000.00 and dispute the rest. will this put me at a disadvantage.

 

Well, there's just no point in it.

 

Either the court will set it aside in full or it will not. Paying a reduced amount would be pointless at this stage.

Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,554
Experience: Over 5 years in practice.
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Jo C. and 87 other UK Law Specialists are ready to help you
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Customer reply replied 8 years ago
are there any aspects of the law i can quote to support my N244 form. you did say you were going through the same thing can you give me an example, or prompt.

I didn't say anything about going through this.

 

What you need to focus upon is satisfying the court that you did not receive the court forms and that it was not your fault you did not. Obviously you can only tell the truth on that point though. You will have to explain that you did give them the correct address and hope that the court believe it.

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