CCJ - dealing with it

subhuman

Hi,

Received a credit report from Experian yesterday, just found out I have a CCJ.

Now, I'm going to phone the issuing court later this morning as the case number was included in the entry, but if anyone can offer some advice or has experienced this situation personally then I'd appreciate a reply.

1) I don't know what it is - I'm in a DMP with Payplan and it doesn't seem to be related to that
EDIT: Called the court, old ISP - they filed online.

2) It was issued at an address (on 22/08/06) that I moved from in June 2005. So obviously I didn't get a notification, nor chance to defend myself - so it looks like I have a judgement by default.

3) After doing a bit of digging, it would appear that because the judgement was served without my knowledge (ie, I didn't live there) I may be in a good position to get it set aside.

So my question is, do I settle this debt with the original creditor prior to filling in form N244 (ie, notify the court I didn't live at the address) - or do I send the N244, wait for a decision from the court, then settle with the original creditor ?

When I phoned the court, the woman asked if 'I accepted the judgement' - it was at this point I made my excuses and explained that I would need to go away and fully investigate the situation.

Thanks,
sub.

chevalier

Not sure which is the best way to proceed, but bumping for someone more knowledgeable
chev

fivemice

My OH had this happen to him last week too. Seems Severn Trent Water had issued a CCJ as we didn't pay the water bill for the period of 6 months after we had moved out. We told them we had moved but the new owners obviously didn't bother notifying them that they had moved in so ST continued to charge us - the cheek!

We knew nothing of it until H got his credit report last week.

https://www.consumeractiongroup.com had some helpful advice. I'm not quite sure, but it seems we don't have to get it set aside as it was never for us really anyway and ST just have to remove it but we are having to really jump through some hoops for them to do this.

lush_bucket

Hi Sub, you can only submit the N244 form if you do not think you owe the money. So do not pay the creditor. If you pay the creditor, you acknowledge the debt.
If you want to ask for the judgement to be set aside, you need to fill in the form stating that you did not receive the claim form and state why you do not think you should pay the judgement. You have to provide evidence to support the application and pay the court a small fee for this.
You cannot ask for the judgement to be set aside if you agree that you owe the money.
Hope that helps a little.

subhuman

Thanks for the replies.

I've found this guide which seems to help a little: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

lush_bucket - thanks for this tip. I was originally going to state in my evidence statement something along the lines of 'I am fully willing to clear this debt once I receive a claim form' - but now I'll think I'll simply be straight to the point and state something like:

'I did not receive a claim form as I was no longer resident at [address]'

...is it worth providing a copy of something from my current address dated before or around the time the judgement was made ? I do have a reference from the estate agent who managed the property which clearly states the date which I vacated the property ?

Or should I just keep it simple ?

Thanks.

beanielou

Dont think it would do your case any harm to also attatch evidance of what you say.
Good luck.

lush_bucket

Hi again, if you can provide a tenancy agreement if you rent for your current property showing the date you took up occupation, that would strengthen your position no end. If you have moved into a property you have bought, then a letter stating when you got the keys would be beneficial. Also, if you have your experian credit report it should show your new address and then beneath it the dates you have been registered as living there on the electoral roll from.

CCj's remain on your credit file for 6 years even if they are marked satisfied. You would have had to have paid it within a month of its issue for them to remove it, so your only option remaining is to apply for it to be set aside which is the only other way it will be removed.

fatbelly

If they're not enforcing the CCJ, it's not causing a problem, is it?

I'd leave it alone. When your debts on the dmp get below 5k you can use the CCJ to get an Admin Order, maybe with composition.

subhuman

Well, N244 is in the post.

Northampton Bulk Centre were pretty helpful, they also advised as well as asking for it to be set aside that I ask for any warrants to be suspended.

Fingers crossed. Not getting my hopes up but think I have a good case.

If the CCJ is set aside, I am unsure of what happens next!

JGWT8M

subhuman wrote:

If the CCJ is set aside, I am unsure of what happens next!

They will probably re-issue at your new address.
It is why the clerk asked if you acknowledged the debt or not.

As fatbelly said, you could be opening up more hassle for yourself depending which way it goes as once the CCJ is set aside the claimant will be notifed of your new address.

subhuman

As fatbelly said, you could be opening up more hassle for yourself depending which way it goes as once the CCJ is set aside the claimant will be notifed of your new address.

I'd rather that than it stay on my credit record though... I intend on settling this particular debt in full if I get a claim form.

The only reason I found out was when checking credit record before applying for rental properties - I need to be CCJ free to avoid hassle if at all possible.