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    • superfen1983
    • By superfen1983 29th Nov 17, 7:11 AM
    • 9Posts
    • 0Thanks
    superfen1983
    CCJ notice sent to wrong address.
    • #1
    • 29th Nov 17, 7:11 AM
    CCJ notice sent to wrong address. 29th Nov 17 at 7:11 AM
    Upon checking my credit file a few weeks back I see I have 2 x CCJs totalling £9k.
    I moved abroad in 2011 and upon my return in 2014 I moved in to a new address in the UK.
    Therefore I did not receive the default notice(s) from lender or County Court.
    If I speak to the lenders directly and offer to pay the debt immediately in full as well as completing N244 form to please the court will these CCJs be removed and set aside from my credit report as if there were never there in the first place?


    Thanks
    Fen
Page 1
    • StopIt
    • By StopIt 29th Nov 17, 8:50 AM
    • 1,449 Posts
    • 1,239 Thanks
    StopIt
    • #2
    • 29th Nov 17, 8:50 AM
    • #2
    • 29th Nov 17, 8:50 AM
    You can only apply for a Set Aside if you have a defence to the CCJ as well as stating that you didn't defend it because you were not at the address the papers went to.


    It is your responsibility to update your creditors with your addresses, so the act of not doing so will not get a set aside granted.


    You can of course make the offer to your creditors to grant a set aside by consent but they do not have to do this as you're legally obliged to pay in any case. The set aside fee is £255 per CCJ. And yes, if they are granted the CCJs will be removed from your credit files.
    I'm a Board Guide on the Debt Free Wannabe, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
    • GM1880
    • By GM1880 29th Nov 17, 8:53 AM
    • 48 Posts
    • 17 Thanks
    GM1880
    • #3
    • 29th Nov 17, 8:53 AM
    • #3
    • 29th Nov 17, 8:53 AM
    I'm in a similar position, though the fact you moved overseas is likely to muddy the water.

    The creditor only has to send correspondence to your last known address, so if you didn't pass on your new address to the creditors it's unlikely the Judge would agree to set it aside. Plus, if the judge thinks it's being set aside by consent just to fix your credit record, then he may throw it out even if it's with consent of the creditor.

    My situation is that the creditor did send the CCJ to the wrong address even though I can prove I had notified them of my current address, but even that's proving tough.
    • GM1880
    • By GM1880 29th Nov 17, 9:12 AM
    • 48 Posts
    • 17 Thanks
    GM1880
    • #4
    • 29th Nov 17, 9:12 AM
    • #4
    • 29th Nov 17, 9:12 AM
    You can only apply for a Set Aside if you have a defence to the CCJ as well as stating that you didn't defend it because you were not at the address the papers went to.

    .
    Originally posted by StopIt
    This is a part of the legalities which I find a little odd.

    In my case, I can prove the creditor should have had my current address. If they then send the documents to where I could get them I could have paid off the debt there and then to avoid the CCJ being on my credit file and essentially putting my life on hold (appreciate that's a little dramatic). But, because they didn't, either through the fault of the original creditor not passing on my correct, current address (which they had) or the DCA using the wrong address, I was unable to avoid the CCJ.
    • Tarambor
    • By Tarambor 29th Nov 17, 10:54 AM
    • 1,756 Posts
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    Tarambor
    • #5
    • 29th Nov 17, 10:54 AM
    • #5
    • 29th Nov 17, 10:54 AM
    Upon checking my credit file a few weeks back I see I have 2 x CCJs totalling £9k.
    I moved abroad in 2011 and upon my return in 2014 I moved in to a new address in the UK.
    Therefore I did not receive the default notice(s) from lender or County Court.
    If I speak to the lenders directly and offer to pay the debt immediately in full as well as completing N244 form to please the court will these CCJs be removed and set aside from my credit report as if there were never there in the first place?
    Originally posted by superfen1983
    Nope. As has been said unless you kept your creditors up to date with your addresses you have no defence. They only have to serve papers at the address they have for you on file. They are not required to go hunting for you.

    Given they were for £9,000 in total it would be hard to argue that you didn't know about that level of debt. A £30 final bill from a mobile phone company is understandable but leaving the country with £9k of debt and not informing creditors of your move would be seen as trying to escape paying them.
    • superfen1983
    • By superfen1983 30th Nov 17, 8:50 AM
    • 9 Posts
    • 0 Thanks
    superfen1983
    • #6
    • 30th Nov 17, 8:50 AM
    • #6
    • 30th Nov 17, 8:50 AM
    Thanks for this. I reckon that before I go down the road of sending in N244 forms I will contact the lender direct to ask if they will set aside the CCJ by consent if the payment is made immediately in full.
    • GM1880
    • By GM1880 30th Nov 17, 8:56 AM
    • 48 Posts
    • 17 Thanks
    GM1880
    • #7
    • 30th Nov 17, 8:56 AM
    • #7
    • 30th Nov 17, 8:56 AM
    Who's the creditor out of interest, I've had no luck with this approach,
    • Samsung_Note2
    • By Samsung_Note2 30th Nov 17, 8:58 AM
    • 207 Posts
    • 79 Thanks
    Samsung_Note2
    • #8
    • 30th Nov 17, 8:58 AM
    • #8
    • 30th Nov 17, 8:58 AM
    Thanks for this. I reckon that before I go down the road of sending in N244 forms I will contact the lender direct to ask if they will set aside the CCJ by consent if the payment is made immediately in full.
    Originally posted by superfen1983
    You could try the "If i pay in full will you be helpful in return and do XYZ" and if that fails then id be along the lines of "Oh dear thats a shame,so shall we say i pay £100 a month".

    Some will say its wrong but why make life easy for them if they wont do the same for you.
    If my appalling spelling offends you that much...dont read my posts.
    • nic_c
    • By nic_c 30th Nov 17, 12:29 PM
    • 1,125 Posts
    • 640 Thanks
    nic_c
    • #9
    • 30th Nov 17, 12:29 PM
    • #9
    • 30th Nov 17, 12:29 PM
    Most creditors won't agree to it, why should they there is a CCJ they can enforce. Also if you informed them of a non UK correspondence address they may have left it as your previous address as its hard to enforce debt internationally.
    • LadyDee
    • By LadyDee 30th Nov 17, 1:08 PM
    • 2,571 Posts
    • 2,664 Thanks
    LadyDee
    It begs the question, if you knew you had debts why didn't you settle them before you left the country?
    • superfen1983
    • By superfen1983 30th Nov 17, 1:30 PM
    • 9 Posts
    • 0 Thanks
    superfen1983
    Who's the creditor out of interest, I've had no luck with this approach,
    Originally posted by GM1880

    Creditor is Barclaycard
    • superfen1983
    • By superfen1983 30th Nov 17, 1:31 PM
    • 9 Posts
    • 0 Thanks
    superfen1983
    It begs the question, if you knew you had debts why didn't you settle them before you left the country?
    Originally posted by LadyDee

    because I didn't have a spare £9k ...now I do.
    • superfen1983
    • By superfen1983 30th Nov 17, 1:36 PM
    • 9 Posts
    • 0 Thanks
    superfen1983
    Most creditors won't agree to it, why should they there is a CCJ they can enforce. Also if you informed them of a non UK correspondence address they may have left it as your previous address as its hard to enforce debt internationally.
    Originally posted by nic_c

    As it stand s I am paying creditors £0.


    They have had no comms with me for over 5 years and realistically must have given up hope of ever receiving funds.


    I have been advised that if I offer to pay in full and given that I had not received default notice they may be very happy to consent to set the judgement aside. Especially as they will be getting £9k that they thought they would never see again.
    • Gary_Dexter
    • By Gary_Dexter 30th Nov 17, 1:52 PM
    • 186 Posts
    • 108 Thanks
    Gary_Dexter
    because I didn't have a spare £9k ...now I do.
    Originally posted by superfen1983
    So you knowingly hid away from a debt hoping it would go away?
    • GM1880
    • By GM1880 30th Nov 17, 1:53 PM
    • 48 Posts
    • 17 Thanks
    GM1880
    As it stand s I am paying creditors £0.


    They have had no comms with me for over 5 years and realistically must have given up hope of ever receiving funds.


    I have been advised that if I offer to pay in full and given that I had not received default notice they may be very happy to consent to set the judgement aside. Especially as they will be getting £9k that they thought they would never see again.
    Originally posted by superfen1983
    They may, but I suspect it's still unlikely as the debt is enforceable still. Plus even it they consent, if the judge doesn't think there was good reason for a set aside then he/she may just dismiss it as credit repair. It doesn't seem there is good reason in the eyes of a court, but little harm in trying other than losing the court fee.
    • superfen1983
    • By superfen1983 30th Nov 17, 2:02 PM
    • 9 Posts
    • 0 Thanks
    superfen1983
    So you knowingly hid away from a debt hoping it would go away?
    Originally posted by Gary_Dexter

    I didn't ever expect the debt to 'go away'.


    This is not a question of ethics or morals I want to know the facts.
    • Arleen
    • By Arleen 30th Nov 17, 2:10 PM
    • 1,038 Posts
    • 768 Thanks
    Arleen
    I didn't ever expect the debt to 'go away'.


    This is not a question of ethics or morals I want to know the facts.
    Originally posted by superfen1983
    The facts are very simple, you owe the money, you got the CCJ correctly, you didn't keep them up to date. You want something shady, not them. And since you fled the country from debt judge will likely allow collection past 6 years.
    • superfen1983
    • By superfen1983 30th Nov 17, 2:16 PM
    • 9 Posts
    • 0 Thanks
    superfen1983
    The facts are very simple, you owe the money, you got the CCJ correctly, you didn't keep them up to date. You want something shady, not them. And since you fled the country from debt judge will likely allow collection past 6 years.
    Originally posted by Arleen

    I informed the creditor I was leaving the country.....
    I agreed a lesser monthly fee which I was honouring....
    I could not provide a forwarding address as I worked and lived in various Iron mines in the Western Australian outback.
    I didn't receive default notices.
    I return home to find I have CCJ.
    These are the facts.

    I do not want anything shady. Get off your horse.
    • Arleen
    • By Arleen 30th Nov 17, 2:21 PM
    • 1,038 Posts
    • 768 Thanks
    Arleen
    I informed the creditor I was leaving the country.....
    I agreed a lesser monthly fee which I was honouring....
    I could not provide a forwarding address as I worked and lived in various Iron mines in the Western Australian outback.
    I didn't receive default notices.
    I return home to find I have CCJ.
    These are the facts.

    I do not want anything shady. Get off your horse.
    Originally posted by superfen1983
    yes you do, you want a perfectly valid CCJ to be wiped off so it won't stink up your credit report. Many people go work aborad, without fixed address, and manage to collect their mail through PO boxes/friends and so on. You elected to do neither of those things. Additionally, if you had agreed to a different payment plan (assuming that they've agreed to it too), you already were in default of original agreement.

    The issue of default notices is easily fixable by issuing them, not by anything else (though they most likely were issued but went to the last address provided). Same with court paperwork. So just go, pay off the CCJ and it will be gone in whatever amount of time it is missing to 6 years.
    • StopIt
    • By StopIt 30th Nov 17, 2:25 PM
    • 1,449 Posts
    • 1,239 Thanks
    StopIt
    I informed the creditor I was leaving the country.....
    I agreed a lesser monthly fee which I was honouring....
    I could not provide a forwarding address as I worked and lived in various Iron mines in the Western Australian outback.
    I didn't receive default notices.
    I return home to find I have CCJ.
    These are the facts.

    I do not want anything shady. Get off your horse.
    Originally posted by superfen1983

    If you provided no forwarding address, creditors are legally entitled to send default notices and CCJ papers to the last known address.


    Again, as I stated, not receiving the court papers is not enough to apply for a set aside, you also need a reason why the CCJ would have been defended had you been given the chance.


    If you cannot do this, a creditor will oppose the set aside motion and it likely will not be granted. Offering to pay it may not be enough because the CCJ is there to try to make you pay, doing so is just fulfilling the court judgement.


    Some creditors do set aside by consent for full payment, but many do not.
    I'm a Board Guide on the Debt Free Wannabe, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
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