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How to set asside a CCJ on credit card debt?

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2 posts • Page 1 of 1

How to set asside a CCJ on credit card debt?

Postby Harley Horsefield » March 9th, 2017, 5:41 pm

This happened to my aunty last week, previously she got a ccj, credit card debt from a credit card taken out in 2008. Just under 4 thou, off the top of my head. (however never received the ccj) upon bailiffs arriving, she had to file a defence witness statement very quickly - advice was from ( CA3debtfreeme) and (getoutofdebtfree.org) 3 letter templates/advice. In doing so had no replies after 3 lettering lowell. she sent in her defence (witness statement) the the judge said that her defence was inadequate. He laughed at the three letter process and said that all internet advice is rubbish..he found in lowells favour, but she sought further advice, a mcenzie friend, and she got a re hearing.

The new judge last week, said he had not seen the particulars of the first defence (lack of liaison) nor did he want to see it when immediately offered it, my aunty had a file full. He just said that she could not keep having another try to get it set aside and that the first judge has made the decision and that is the end of it. (so then why does the process of appeal actually exist, in that case??) Despite my aunty saying she had since had proper advice,, an excellent defence, and a very real chance of winning, it had been proved that lowell had not followed correct procedures on 3 counts, but he didnt want to know.!!

Even worse, the rep for lowell then rushed up behind them cornered my aunty's mackenzie friend in the waiting room, in front of everybody waiting, and screamed at her that she had no rights of audience, no right to be a mackenzie (she had, she was a law graduate) he demanded my aunty tell him how much she paid the mackenzie friend, (she actually hadn't) and my aunty told him to go forth and multiply and that it was none of his business, and that she would report his unproffessionall behaviour, outburst,threatening, clearly it was all on their cctv in the courts, however I would not be surprised if they wont allow access/it goes inexplicably missing, how can my aunty proceed, she has no money to pay, is on benefits, ill health.

Can she have another hearing, will she get past them not wanting to overturn the first judges decision, and how does she go about reporting the solicitors terrible behaviour, and to whom, or would it be a waste of time as they look after their own kind? any help appreciated. My aunty is very upset.
Harley Horsefield
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Re: How to set asside a CCJ on credit card debt?

Postby Debtwizard » March 9th, 2017, 6:25 pm

Hello Harley Horsefield and a very warm welcome to the DebtWizard IVA and Debt help forum.

It might be a good idea to speak with National Debt Line about what your Aunt's options are, they are free to use and I have great feedback. Contact details are below but I have taken a fact sheet from ther website called 'How to set aside a county court judgement' see https://www.nationaldebtline.org/EW/fac ... eaccj.aspx

National Debtline

National Debtline is a national telephone helpline for people with debt problems in England, Wales and Scotland. Their service is free, confidential and independent.

Their opening times are: Monday - Friday 9am-9pm and Saturday 9.30am - 1pm

Helpline: 0808 808 4000 http://www.nationaldebtline.co.uk/

Another port of call might be your Aunt's nearest Citizens Advice Bureau, if you just post back her postcode, no other address details please then I can locate the CAB nearest to her. This again might be helpful as they will do a face to face meeting whereby your Aunt's documentation can be made available.

Trust this helps,

Best wishes,
Mike
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