Just found CCJ sent to old address

drummer_666

Gordon_Hose wrote: »

I take it you left your employment before you moved, hence why they didn't have your new address?

yes, I finished working with them April 2010. Moved July 2010. CCJ issued April 2011...

but from what I can work out, moving house is not a case for this being set aside, unless I gave them my new address. Which I didn't, because they were an ex employer

I don't know whether if I phone the court now and pay it in full, whether I can then appeal to have it set aside also?

Tixy

Its possible to apply to try to have it set aside even after its been paid.

fermi

Rules on service of the claim form are here:

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part06.htm#IDAKT0HC

Gordon_Hose

If the OP had no reason to give his ex-employer his new address because he his employment had terminated, surely he can get the CCJ set aside to give him a chance to pay the outstanding amount within the permitted 28 days so that the CCJ doesn't affect his credit file.

I wouldn't leave my job, then 3 months down the line, while moving house, think "Ooh I best give my ex-employer my new address, just in case I owe them money!"

The Op hasn't had the opportunity to rectify the situation with his employer, because the warning letters and court paper work went to his old address. That seems very unfair to me.

Either way, you have to pay back the money.

paulmapp8306

Totally agree with Gordon Hose.

the "giving your address" is there so if you owe a debt you must notify them of a change of address. Failing to do so while owing is then no reason to have a CCJ set aside.

in this case the OP was unaware of any debt, and it was an ex-employer not a utilities/loan/financial organisation. There was no requirement to inform them of a change of address. it also seems that 3 months to notify an ex-employee they had been overpaid seems long. Surly they should have realised and made contact before that.

did they not have a mobile number, an EMail address etc they could have tried as well as normal mail? seems they didnt try anything to contact the OP except one letter in the post.

Id think you could get the CCJ set aside in this case - especially if its paid as soon as you became aware of it.

drummer_666

i just rang the court and turns out it wasn't my ex employer at all......

it was the water company

i moved out july 2010. totally forgot about the water account, coz everything else was in my ex's name.
when me and him split, and i moved again oct 2011, i set up a new water account, remembered the old one and tried to close it.
i had to send proof that i'd moved out, so sent my tenancy agreement from july 2010, they accepted this and last week I got a final bill for £66. I paid this last night....

what's the deal now?
The CCJ says £300+ - the water board sent me the final bill of £66, no mention of CCJ on it or the costs... I've now paid that.

Now I don't know what to do?
The bill they sent me must've been wrong, because they thought I still lived there April 2011 when I didn't. BUT the only info I got from the court was the judgement amount. Not a breakdown of the cost. If they did charge me for more than the £66 does this mean that I can get it set aside, because it was incorrect? And I've now paid the final bill. So doesn't that mean I don't owe anything?

In any event, even if I can't get it set aside, I have paid £66 which is all they've asked for, but the CCJ says £300+ and is 'active'

thank you

paulmapp8306

You need to pay the court. Give then the receipt for what you have paid the water company. There may well be court costs included int he £300+ (never had a CCJ) which will still need paying as well.

Speak tothe court - explain whats happened, what you have paid, and ask what to do next.

drummer_666

ok will do. thank you. I will keep you posted.

Although when I rang the court they wouldn't even tell me who had filed it on the phone, only via email!!

I'm just hoping the waterboard were chasing for more than I owed, because then I think I have a good case of getting it settled!

drummer_666

ok guys,

I just got home and looked at the back of my bill

it says:

amount bought forward from your last bill £603
court judgement cost - £22
court judgment interest - £10.29
court summons fee - £15
Court summons cost - £50
Court Summons Interest - £6.45
Cancelled Charge 26 feb 11 water supply - £141.79
Cancelled charge 21 june 10 water supply - £136.51
Cancelled charge 26 feb 11 used water & drainage - £131.09
Cancelled charge 21 june 10 used water & drainage - £122.92

Amount bought forward to this bill -£32.29

water supply for bill period 3 apr 10 - 5 jul 20 = £35.07
used water drainage = £31.57

total charges due £66.64

So I don't get where the figure of £363 on the CCJ came from

But in any event the costs, fee and interest adds up to £103.74.
So that means they were chasing a debt of £259.26, when clearly I only owed them £66.64 (my final bill I've just received)

So that must mean if I apply to get the CCJ set aside, I will win!!?

When will the court agree to set aside a judgment?

The county court rules set out when you can apply to set aside a judgment. For example:

• an order was made against you in your absence, in certain circumstances;
• there may be an error in the judgment;
• you want to put in a defence and did not have the opportunity to do this;
• the proceedings did not follow the court rules.