Newbie - with a CCJ question

highhorse_2

Hi everyone - I have been pretty rubbish at managing my finances in the past few years, but thats all changing now.

However, Ive just discovered that I had a CCJ loaded against me in january this year.

Im not denying that I owe the money, BUT the CCJ was filed against me at my previous address - and therefore the first i knew about it was when a debt collector tracked me down at my new address.

If I had known about the CCJ at the time I would have paid it off in full within a month - however I obviously dont have that option now.

Has anyone any advice about appeailing this? again - not appealing against the fact that I have to pay, but that it was served against me at an old address and I didnt have the chance of paying within 30 days and therefore saving my credit rating even just a little

any advice would be really really appreciated!

blind-as-a-bat_2

Did the creditor know your new address? and had they corrisponded to you there BEFORE the date the summons was issued to prove they did?.

If so you have good grounds to get the judgement overturned

highhorse_2

All their correspondance was seemingly to my old address (which I had moved out of 8 month prior to the CCJ being applied)

I had no no idea that they were looking for money as I (wrongly) assumed that I was paying the debt off through a debt managemnt company

blind-as-a-bat_2

Ok, so the creditor passed it to a DCA, who you where paying, but for whatever reason the creditor commenced legal action against you.

So apply what i said above as it is still valid, if you where instructed by the creditor to deal with the DCA and you informed the DCA of your new address, the DCA had a duty to pass that info to the creditor.

What i am getting at is simple, the creditor MUST issue the court claim to your last known address to deem it as being served, if they did not, it was not served, so not valid, and any judgement cannot stand.

As long as you can demonstrate to the court the creditor should have been aware of the new address, the judgement is flawed as you where deniied your right to defend, should you have wished to do so, or as you have stated, denied the chance to remidy the issue within the 14 allowed thus avoiding the CCJ being recorded.

This is a common tactic used by creditors to fastrack a CCJ through the system, by sending it to a previous address, your problem is proveing it was a reasonable assumption on your part they had, or should have had your new address