CCJ to wrong address - company had new address on file.
mattyprice4004
Posts: 7,492 Forumite
Hello there all,
Just a quick one (and I'm sure it's asked all the time, just wanted to put out the exact scenario) - I moved house last August, and gave HSBC the new address on the day of the move.
Since then, they've taken me to court (and won by default) for a credit card debt - but they've done it all in the old address.
The date of the CCJ is Feb 11th - a long time after the move, so I'd have hoped they would have contacted me at the new address really.
I've had no letters or court documents to this address.
My question is - HSBC now say they're not responsible as they would only write to 'the last address on file' (ridiculous as I've had cards and statements to my new address) and so it's not their problem.
Do I go to the court and pay the £15 to have the CCJ marked as settled, or is it worth pushing HSBC to have it removed from their side?
Just feel a bit hard done by, that's all.
Just a quick one (and I'm sure it's asked all the time, just wanted to put out the exact scenario) - I moved house last August, and gave HSBC the new address on the day of the move.
Since then, they've taken me to court (and won by default) for a credit card debt - but they've done it all in the old address.
The date of the CCJ is Feb 11th - a long time after the move, so I'd have hoped they would have contacted me at the new address really.
I've had no letters or court documents to this address.
My question is - HSBC now say they're not responsible as they would only write to 'the last address on file' (ridiculous as I've had cards and statements to my new address) and so it's not their problem.
Do I go to the court and pay the £15 to have the CCJ marked as settled, or is it worth pushing HSBC to have it removed from their side?
Just feel a bit hard done by, that's all.
0
Comments
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The address issue may give you some grounds to challenge the original judgement - however, you would still need to convince the judge that you have a reasonable change of defending the claim when the case is heard again. (And you'll need something better than changing address for this part) Can you do that?0
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CCJ would only be marked as settled, if you pay it in full.
I think you have got confused with set aside, the fee for that is £155.
You could argue the bank did not update your address details, and so you were unfairly disadvantaged by not been able to defend the action.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
you could hand in n244 form and pay £155 fee to setaside judgement for that.0
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As per sourcrates.
You should have had it to the correct address to give you chance to pay in full or defend. It helps you have proof in the form of statements etc at the new address.:beer:0
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