can we have ccj lifted or set asside?

[geoff.g]

My wife has recently recieved a CCJ for a debt that she was unaware of due to a change of address.
The circumstances are that the finance company sent letters to my old address despite being informed last yearof our new address. They eventually did a credit serch in June 2008 and dicovered our new address, but thet had been to court prior to this.
We were only notified after the event and have now paid the debt in full however we still have a ccj and the point is if we had been contacted at the very beggining we would have paid it then, can we have to ccj lifted or set asside.

[kallis3]

Hi Geoff and welcome to the forum.

If you have paid the debt in full, then I would imagine that the company involved would have to lift the CCJ. Have you tried phoning them and asking?

I will bump this back up to the top in the hope that one of the experts will be able to give you advice.

[Storm]

The company can't "lift the CCJ" although there are grounds for having the judgement set aside based on the fact that the documentation was sent to the wrong address.

You can apply to have the judgement set aside by completing the relavant forms and paying the Application Fee.

You should obtain an "Application Notice Form" (N244) from the court. You will need to support your application with either an Affidavit or a Statement.

Usually a court will agree to set aside judgment if you can show that you did not receive any court papers and therefore were not aware of the court case against you.

[geoff.g]

Hi and Thank you for the prompt replies,
I will ask the finance company, but don't hold much hope there as they are very unforgiving. I will apply to the court to have the CCJ set asside and see how this goes.
Thanks for you help again Geoff

[Adam Davies]

Hi
Let us know how you get on.
Storm is an expert in this area so I would think that you will be successful
Regards

[geoff.g]

Thanks Andy, Im going with Storm on this seems to know all about it. I have just written my requset to the court for a certificate of Satisfaction along with the payment details and requested a Form N244 to have the judgement set asside.
Thanks again will be able to sleep better tonight.
Geoff.

[Soulgrowth]

Good luck Geoff

Debbie

[geoff.g]

Thanks for your support Debbie,appreciated
Geoff

[kallis3]

Good luck from me too, let us know how you get on.

[geoff.g]

Hi Jan, I will keep you all informed on progress. With you lot behind me I can't fail can I.
What have you got 57 of to go?
Geoff.

[kallis3]

My IVA payments - soon to become 56 at the end of this week!

[Soulgrowth]

Shall we all come round and storm the court with you Geoff [:D] [:D]

"Power to the people!!" [:)] [:)]

Debbie

[geoff.g]

Just keep going, it will fly by,Good luck and I am definately up for storming the court, preferable the credit company. Thanks to you all geoff.