County Court Judgement Woes

[mhartley]

in May 2010 I had a CCJ appear on my credit file,

not that I knew about it until around 2011 as I wasn't checking my credit file at the time.

 

the long and short of it was that

 

I sold an item to a guy on a forum,

it arrived "damaged" so I claimed compensation through the insurance of the courier,

and asked that the item be sent back to me.

 

The guy never sent the item back and I never had contact with him again,

 

I assumed that he was a [problem]mer as I wasn't going to pay him his money until I had the item,

otherwise he may have been quids in.

 

Well I moved address, and it seems that he applied for a CCJ against me,

which as I moved and no longer resided at my address that he was familiar with,

papers must have been served and as no reply was made, the CCJ was granted.

 

It's for the whopping grand total of £130, and if I settle the CCJ, it will still remain on my credit file,

so I'd rather get it set aside on the reasons that I didn't receive any paperwork,

was no longer living at that address, and the fact that I believe he shouldn't get a penny as he never returned the faulty item.

 

I contacted the courts in Northampton with my set aside application and also an application to wave any fees,

as I receive a few benefits and as the fees are also almost the same cost as the CCJ in general,

why should I pay for the courts mistakes?

 

as advised by them,

I send them all my copies of housing benefit, council tax, tax credits etc...

proof and they write back saying they need 6 months bank statements.

 

I then send that in and they write back saying they need me to highlight all of the appropriate benefits

on my bank statements (even though it clearly says) and send it back.

 

They then write back saying they need the proofs with the bank statements together.

 

I send this off and they write back asking what the small paypal deposits are for items ive sold on ebay

(old stuff that i no longer need).

 

I feel like every time i send off what they ask, they ask for something more and to be honest it's doing my head in.

 

I feel like the time this CCJ is sorted, the 6 years will be up anyway.

Is there any way I can get help with this,

as it's stressing me out and just want it off of my file as I don't believe it should be on there anyway,

and with looking to obtain a mortgage in the next couple of years,

I can't afford for it to be on there.

 

Many thanks

[AndyOrch]

Hi

 

It may be prudent to pay the fee and get the set a side processed...you can then resume payment arrangements once the matter is being dealt with.

 

Regards

 

Andy

[mhartley]

Really So I lose out for some guy who didn't play by the books

[AndyOrch]

No you dont lose out ......you sort payment exemption out after .........getting the set a side would have priority I would have thought.

[panther12]

Few years ago I started a small claim on behalf of my dad who gets pension credit guarantee. Didn't realise at the time he didn't need to pay the fee but claimed it back later on.

 

If you can afford to be out of pocket with the fees for the time being I'd pay and get things moving and sort out the reclaim later. You've got 6 months from when you paid the court fee to apply for a refund "retrospective application". Forms can be downloaded from the court web.

[AndyOrch]

Few years ago I started a small claim on behalf of my dad who gets pension credit guarantee. Didn't realise at the time he didn't need to pay the fee but claimed it back later on.

 

If you can afford to be out of pocket with the fees for the time being I'd pay and get things moving and sort out the reclaim later. You've got 6 months from when you paid the court fee to apply for a refund "retrospective application". Forms can be downloaded from the court web.

 

Exactly

[mhartley]

Ahhh, didn't realise that. Will get on it asap. Thanks all

[mhartley]

Got it set aside.

 

Now to try and get the fee back, oh joy.