Help Me CCJ

Timmyk

Hi all

Im new to this im filling out a n244 and wondered if i could get some advise.

What order are you asking the court to make and why?

set judgement a side.

I moved from the address this CCJ went to on the 6th of January 2006 due to getting a divorce, so i never recieved
any letters so was unable to defend myself. The court hearing was on the 15/01/2009. The letter should of been posted to my current address.

the evidence set out in the box below

In July 2008 i advertised a set of toner cartridges on ebay and stated in the advert i said these were used and not been tested sold as seen. They sold to the claiment and recieved and they was happy as i got good feed back through ebay so all was well then found that the claiment said they had run out and opened a dispute with paypal which they investigated and closed with no further action so thought this was the end of it. Due to the sale being 3 years ago i can not get the information from ebay. I would like the option to defend myself and also have the chance to pay if i lose within the 1 month, which i would of done if i got the letters for me to attend court as the amount is not that much.


Please help im no solicitor but not happy i cant get a morgage and i never knew about this ccj till i did the credit check

Thanking you in advance

Tim:(

KingElvis

So your CCJ is from Paypal for running your account in negative balance after an eBay sale went pear shaped?

Timmyk

No its from the person that bought from me and was not happy paypal did not give them a refund. they took me to small claims court

telboyo

I don't understand:
You moved house in 2006 but the ebay transactions took place in 2009, what exactly is the problem?

Timmyk

Yes i moved so didnt recieve the summonds due to it being sent to my previous address i might not of changed my address in ebay, i sold a ebay user some toners as explained above and they took me to small claims court which where i got the ccj from so i am doing a n244 form to hopefully get another hearing to get the ccj removed.

Tixy

What address was the court paperwork sent to? where was that address obtained from? If it was your paypal/ebay account had you not updated that to your new correct address?

If the paperwork went to an old address then to get a judgement set aside you would need to prove that the debtor had been informed of your new address. If you didn't update them with the new address then that won't normally be grounds to get a judgement set aside.

Timmyk

Tixy wrote: »

What address was the court paperwork sent to? where was that address obtained from? If it was your paypal/ebay account had you not updated that to your new correct address?

If the paperwork went to an old address then to get a judgement set aside you would need to prove that the debtor had been informed of your new address. If you didn't update them with the new address then that won't normally be grounds to get a judgement set aside.

I think they obtained the address from ebay and not my Paypal account which is correct as i didnt know they were taking me to court i didnt give them the correct address.

KingElvis

They took you to court over a couple of secondhand toners?

Timmyk

KingElvis wrote: »

They took you to court over a couple of secondhand toners?

Yes they did wich is laughable but not now i got a ccj

Apples2

Staggers me why anyone would buy anything on Ebay if it states, "Not Tested"
It only means one thing... It doesn't work, it's broken, it's empty.

I went though something similar a few years back. In my case I specifically informed themI was moving out, but didn't give a forwarding address as I hadn't identified a new address (and wasn't expecting any invoices).

My argument was that I would have paid it if I had known about it, the other party made no attempt to call me or email me.

I paid it first, then went to Court. The judge took a matter of minutes to Set it aside and strike it from my file.

Timmyk

Apples2 wrote: »

Staggers me why anyone would buy anything on Ebay if it states, "Not Tested"
It only means one thing... It doesn't work, it's broken, it's empty.

I went though something similar a few years back. In my case I specifically informed themI was moving out, but didn't give a forwarding address as I hadn't identified a new address (and wasn't expecting any invoices).

My argument was that I would have paid it if I had known about it, the other party made no attempt to call me or email me.

I paid it first, then went to Court. The judge took a matter of minutes to Set it aside and strike it from my file.

Thanks for the info i did recieve a email from them saying they were taking me to court but never recieved anything but they sent the summinds to the wrong address im not sure what to do, do i pay it and have on my credit history or goto court but if i would of known about it i would of paid it im starting to get a head ache all about i cant understand why they took me to court when they say they were fine one minute and moan about it the next, it not even that much money but i have a good credit history apart from that.