Is this possible?

Please_help_me_3

As this is my first post - please forgive me if it is too long or I have posted on the wrong forum.

I have had an informal arrangement with my credit card company paying £150.00 p m minimum off my balance - more in the months when I can afford extra. I have spent the last 4 weeks nursing my very elderly mother (flu virus victim) and returned home today and opened my mail and found a 'Judgement for Claimant' had been awarded (19/12/2010) on behalf of the credit card company. My first thought was a mistake had been made as this was the first indication I had received of a possible problem. Immediately, I phoned both the County Court involved and the solicitor acting on behalf of the claimant - the credit card company. It was explained to me that a County Court Judgement had been obtained against me and at a later stage (no date yet set) the credit card provider would apply for a charge against my property for the outstanding balance if I ever re-mortgage or sell my property (I was told they had no intention of making me sell my home). I was then asked if I could afford to pay £100.00 per month off my balance!!! My queries are:

1. Shouldn't I have received previous notification of the pending court action? The solicitor stated that they only have to send notification to the last registered address and this they did in September 2010! Surely, it must be sent recorded or registered delivery to obtain proof of receipt? How else can you lodge an objection if you are unaware of pending action?
2. Why ask me to pay £100.00 per month when I am already paying £150.00 per month?
3. It appears I now have a CCJ recorded against me, and this is very serious as I will now loose my job as I have to have a clean credit record and one of the reasons I would have responded immediately of receipt of possible legal action. Is there anyway of appealing against a CCJ?

Thank you for taking the time to read this post and I hope someone will be able to help me as the thought of loosing my job at my age scares me. Many th:janks.

fermi

I think that you may struggle with grounds for a 'set aside', but anyway.....

Some info on that in this link: How to set aside a judgment in the county court

debtinfo

1. no it doesent need to be sent recorded. You have a duty to keep them updated with your address so if it was sent to a previous adress because you didnt tell them you had mobed then the judgement stands

2. Who knows, the point for them is that the debt is proven in the eyes of the court in case you try and challange it later

3. You can apply to have it set aside

fermi

To add to (1). The Civil Procedure Rules allow service of the claim forms by regular 1st class post to your "Usual or last known residence.".

theoretica

I believe if you pay the CCJ in full within a month (the 18th January!) then it does not get recorded i.e. your credit record remains clean.

PNPSUKNET

what grounds would your appeal be? The debt was owed, however a plan is setup.

Please_help_me_3

I certainly accept I have to repay my credit card balance, which I was doing to the satisfaction of the provider. My query was why did they have to apply for a CCJ (can't get a response from card company), and the fact I received no indication of a problem or a potential judgement against me until after the event. I now understand that recorded or registered mail is not necessary to notify me of proceedings, but at least if I had known I could have responded to the action.

Unfortunately, I belatedly learn of the CCJ and consequently unless I can have it set aside I will lose my job as I need a clear credit record.

Thanks.

Mowgli87

Hi PHM.

Who is the credit card company/debt agency?

when I first fell behind with my debts, I was working in finance. I explained rather teary eyed to the cc company and dca that if had bad credit I would lose my job. They were very understanding of my situation and agreed to give me time to pay it off as long as I didnt default again.

The way they saw it was, if I lost me job as a consequence of this, they wouldnt have a chance in hell of getting any money from me.

I know this situation is slightly different, but have you explained your situation? They may help you.