After some advise please

[fanny2002]

HI Everyone after a bit of advise, HFC took me to court a couple of months ago for the sum of £1584.01 with court costs £1739.01 regarding a loan taken out in 2003, i did not defend this because i had no paper work regarding this loan,i now have the paper work from them and it turns out that i had paid all but £249.03 of this loan the rest is made up of charges, so my questions are

 

1 is it to late to ask for this money to be paid back as i did not defend the claim when it went to court.

 

2 can i ask for the ccj and court cost to be removed even though i did owe them some money when it went to court just not the amount that was stated.

 

3 i have been paying them £291 a month for the last 2 months should i still carry on paying as its a court order.

 

any advice would be very much appreciated.

[Guest Old_andrew2018]

Hi

 

You could send An SAR for info on what penalty charges were levied, once you have these details claim them back and include interest.

 

As for having the CCJ removed I must confess I have no idea, so this reply will also BUMP your thread

 

Regards

 

Andy

[fanny2002]

HI thanks i have already got the SAR info and orginal agreement except for £249 all the rest is is charges.

[Castlebest]

Hiya fanny, CCJ's are a bit out of my area, I will put up a flag and see if I can get a Mod who knows about getting CCJ's set aside to have a look at your thread. I know it is possible with the right circumstances but they will know how to go about things.

 

pete

[ukaviator]

Hello Fanny2002

 

Write to each of the credit reference agencies as listed, not forgetting to enclose a £2.00 postal order/cheque for each of the agencies that you write to.

 

Then fill out form N244 giving all of the details relating to your county court judgement and give a reason for having the judgement set aside.

 

Send off form N244 to the county court and ask that they acknowledge receipt of this form, this will normally be done in any case. Once you have received a receipt or confirmation that they have set the judgement aside you can then send this letter on to the credit reference agencies that have the county court judgement on your file.

 

Until such time as a new hearing takes place, your records will be free of the county court judgement.

 

You should then file a counterclaim for the money you are owed.

[fanny2002]

Sorry to be thick what does the write to the credit agencey bit mean with a £2.00 postal order what is that for. understand the rest thank you.

[fanny2002]

Also more questions LOL where do i get the N244 form from is it my local court and do i send it to the court where the ccj was awarded. when a new hearing takes place will i have to appear in court the reason i ask is i work away alot so if i have to appear could i nominate someone to go on my behalf, my wife said she would do it.

[Castlebest]

Hiya fanny, I found this on the National Debtline site, it may be useful to you

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

 

I think the letter to the CRA's was to get a copy of your credit report

 

N244 form can be downloded, I think there is a link in the templates library, its the same form you use to correct an error in a claim too.

 

Send everything by recorded delivery to the court that issued the CCJ.

 

pete

[fanny2002]

OK thankyou i take it i should carry on paying untill i have had the ccj set aside, do you no about the attending court question thanks

[Castlebest]

If you carry on paying it shows you have the intention to clear the debt and your not just trying to pull a fast one so it will look good to the court.

 

People who appear in court should either be the litigant in person (you) or your legal representative (a qualified solicitor or barrister) the problem with sending someone else is they are not named as part of the legal action in the documentation.

 

pete

[fanny2002]

ok thankyou not going to let them get away with £1300 worth of charges.