Surprise CCJ

malaxim

Following on from my success with two catalogue debts of my wife's I've been trying to close down her 5 store card debts with what was G E Capital with a full and final offer. She's been religiously paying off her debts for nearly 2 years but now I've made a final offer I've found she has ne debt with them that is now a CCJ and no longer held by them. Its been so for nearly 12 months but I she has no record of notification of the court action, she may have forgotten in her depression, and no one has been chasing. No Bailiff, no letters, no phone calls, nothing.
I've been given a contact number for the company dealing any advice.

K9cuddles

You can appeal if you weren't notified.. funny enough my bf was talking to me about this thing morning! He has a website link of how CCJ's can be cleared, no notification is one of them! Apparently no back up records i.e letters are kept, so they might not be able to prove otherwise.

Xbigman

You can get a CCJ set aside if you never recieved the court papers BUT this is only a postponement. The creditor can just reissue the paperwork and it is re heard. First find out what the current judgement was and see if you can live with it. If not then go for the re hearing and do a deal you can live with.
Regards



X

file_wizzard

Xbigman wrote:

You can get a CCJ set aside if you never recieved the court papers BUT this is only a postponement. The creditor can just reissue the paperwork and it is re heard. First find out what the current judgement was and see if you can live with it. If not then go for the re hearing and do a deal you can live with.
Regards

The courts are very wise to this now, and just claiming that the form was not received is not an adequate defence, you would also need to prove that on the balance of probability that you would have been able to successfully defend the original claim anyway, so as Xbigman says, this will only lead to one of 2 situations,

1. The original judgement will be “stayed” or upheld,
2. The original judgment would be set aside ( cancelled) but the claimant would then make an application to have a new order issued as part of the hearing or shortly after.

Either way it may be worth going to court in an attempt to have the original judgement set aside, as if the creditor / claimant is not in a position to adequately document the debt then this will be a complete defence to their claim and as such they will have no chance of getting a further CCJ issued.

It may be worth asking for copy’s of the relevant credit agreement and default notices Ect. from the creditor / claimant before you go down this route to evaluate your chances though.

malaxim

Firstly I'm not sure of the debt's value but I'm assuming its less than £500 so I would be willing to clear it off.
Secondly and more importantly, why has no one chased the money. Why has there been no correspondence since I came back from Belgium.
Surely by now Bailiffs would have called. Until I spoke to the finance company to ask about other outstanding debts I didn't even know we had a ccj against us. Had I I would have argued it or paid it off before it went on our record.