what is happening?

Loretta

My daughter has just phoned me about a friend, I will tell you the story as we think it has happened and I hope that someone may know what is happening.

Her friend has received some sort of judgment from the County Court. He has never received a summons but what he has received looks like a CCJ. He has been at his address for some time and if this judgment managed to get there the summons should have too. He has to pay this within 14 days. He feels he does not owe this money and if a summons had been sent he would have defended it and feels he has the proof that he does not owe this money.

Can someone get a CCJ without sending a summons? If it is a CCJ what should he do? Can he get it cancelled and have the process start again so that he has a chance to defend it? It is a person not a firm. Is it some other sort of thing other than a normal summons?

We are not sure what is happening so we do not know what to ask. Any help would be appreciated.

keith_lard

If he does not owe the money he has nothing to worry about, this could be an error!
If this is the case he should ring the court direct, they will see to this.

If he does owe the money fill out the claim form and pay ONLY what he can afford per month!

CCJ your name and address goes to Court not yourself in person!

Dont ignore these papers, and get some advice on how to deal with them.

K.

Loretta

keith_lard wrote:

If he does not owe the money he has nothing to worry about, this could be an error!
If this is the case he should ring the court direct, they will see to this.

If he does owe the money fill out the claim form and pay ONLY what he can afford per month!

CCJ your name and address goes to Court not yourself in person!

Dont ignore these papers, and get some advice on how to deal with them.

K.

Thanks for that, if he had received a summons in the normal way he would have put in his defence and sent it back, it just seems strange that it all seems to have gone ahead without any prior notification. We have said he must go down to the County Court tomorrow but we just wanted to know is we had missed anything or this had been don another way rather than the usual County Court summons.

mountainofdebt

If the paperwork is a claim (I think it will be blue) then your daughter's friend can put in a defence.

If the paperwork is a judgement and the claim never reached the friend, then the judgement will somewhere from memory say that in lieu of a defence, the claim has been found against the defendant.

If this is the case then it is possible to put in a defence but the friend will have to pay £60 (again from memory) to have the case reopened. He can get all the necessary paperwork from the county court concerned....just get him to write a letter stting that he never received the inital paperwork and they will do the rest.

Loretta

mountainofdebt wrote:

If the paperwork is a claim (I think it will be blue) then your daughter's friend can put in a defence.

If the paperwork is a judgement and the claim never reached the friend, then the judgement will somewhere from memory say that in lieu of a defence, the claim has been found against the defendant.

If this is the case then it is possible to put in a defence but the friend will have to pay £60 (again from memory) to have the case reopened. He can get all the necessary paperwork from the county court concerned....just get him to write a letter stting that he never received the inital paperwork and they will do the rest.

He is going down to the County Court first thing this morning. It seems a bit much to have to pay £60 because he did not receive the summons, it is odd that the judgment got to his address, he is a settled family man who has lived at his address for some time