can't pay ccj cos claimant refused receipt of mail - confused?

Ian_Gambit

Good Morning.

I'm a bit confused and don't know what to do.
I have a CCJ against me that I have been dutifully paying for the last 2 years (there are 8 years of payments to go).

Payment has always been made by cheque, at their request. In December 2009 the Claimant (a PLC) never cashed my cheque, in January 2010, I sent it Recorded Delivery and it got returned marked as "Refused - Addressee gone away".

I have checked with Companies House and the company still exists and according to the public search, is still trading, I tried phoning them but the number just rung off eventually, so I can't contact them at all.

I am posting my cheque again today and have kept the January envelope, but I'm a little concerned, this technically puts me in breech of the Judgement, but how am I supposed to pay a company that I can neither contact or communicate with?

I have considered that I should write a letter to the Court and explain what has happened and that as I am unable to communicate with them I'm unable to pay them and simply have to wait until they contact me - is this the way to go?

This nearly cost me my marriage originally through the stress it caused me, everything has been fine for 2 years so the though of a Bailiff turning up on the doorstep out the blue because of circumstances outside of my control is a bit worrying.

Any advice much appreciated.

ceejaydee23

I didnt want to read and run, but it certainly sounds liek that is exactly what you should do, write a letter to the court explaining what happened, and possibly even go in person to the court and show them the envelope having been returned. Its possible the company themselves could be dodgy, or certainly doing dodgy sounding things!

Welshdebtor

I have had this happen to me, I wrote to the court explaining and got no reply off them either. Kind of worrying............

Ian_Gambit

I think the Courts just add the letters to the case file, when the case was ongoing their solicitor was playing hard ball so I wrote to the Court and asked that a letter be added to the case files and when we eventually had the hearing on top of the papers infront of the judge was my letter.

I'd considered applying for a Variation Order but that's not my issue, I can pay the judgement thanks to Working Tax Credit and strict household budget management, but I don't want to rock the boat with them because it was a very strained "relationship" with the company.

Welshdebtor

Mine is to do with a store card, but payment was being taken via a solicitors in yorkshire.

brians_daughter

Ring the court, ask advice then send letter. You seem quite (rightly) stressed about it - if you call for advice at least you will get some resolution today. Always follow up with letter - do put in who you spoke to and the date and time and that you are just confirming the conversation and also include the action they suggested you take.