CCJ - NO paperwork received

mearsal

hi

I moved house a year ago but found out recently that i had a ccj against me and i didnt know it turns out they sent the details to my old address,

is there anyway i can get rid of it, i dont mind paying the debt because it is only £250 i just didnt know that i owed it untill 2 weeks ago.

i would appreciate it if someone could give me some advice as i am looking to buy a house this year and don't really want that on my record especially as there would of been no need if they had posted it to me


cheers dan

=booboo=

Hi Dan,

I think if you can prove that you moved house and HAD informed the creditor of your new address but they sent details to your old then it can be overturned, however if you didnt inform them, im not sure you can.

try this
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

give_them_FA

Is there some reason why you could avoid paying it? Would you dispute the claim, or was it for an old and statute barred debt?

You should be able to go into your local County Court and apply for a set aside of the judgment on the grounds that the paperwork was never served on you. If any of the above were to apply then you might be able to get rid of it altogether.

vax2002

The paper work does not require to be served, just sent to the address the creditor has been told the defendant lives at.

give_them_FA

Yes the paperwork may be sent to last known address and a judgment may be obtained in default. But that does not prejudice the right to apply for it to be set aside if the defendant avers that he did not receive any notice of the matter.

Gordon_Hose

The debtor would have to prove they took all reasonable steps to notify the creditor of their change of address.

Getting it set aside only gives you time to defend yourself. It doesn't guarantee the CCJ will be removed, that obviously depends on how well you prepare your defence.

nottoolate

vax2002 wrote: »

The paper work does not require to be served

it does. but 1st class post is an acceptable method of service form the claim form under cpr

Tixy

If the debt is owed and the debtor did not inform the creditor that they had moved address then usually not being aware of the CCJ is not enough defence to get the judgement set aside (as per factsheet from national debtline - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

However if the debtor did inform them of the change in address / or if the debtor could reasonably not have known the debt existed then they may get it set aside.

The advantage of getting it set aside of course is that then they can pay up before the claimaint issues court proceedings again (or even within a month of the claimant getting a new CCJ).

OP - suggest you have a read of the national debtline factsheet in relation to your circumstances.