CCJ help!

WickedWitch123

Hi there
I haven't posted on this forum for a while but I was a regular user some years ago. Anyway, to cut a long story short, I have just viewed my credit file for the first time in several months and found that we (hubby and I now separated) were issued with a ccj in January this year.

My ex had agreed to contact our creditors last year and had told me that he had come to an arrangement with them so I'm shocked to see that this has been issued. I won't be able to contact him till tomorrow so my questions are: What happens if a ccj is ignored? Is there anything I can do to have this set-aside (does the 14 day rule still apply). What do i do now.

Any advise or words of wisdom will be gratefully received. I don't want to start a sob story but seriously, my life over the past 5 years has been a living nightmare.

darren_clarke

what was loan for, was it in joint names, who address did the mail go to for the debt

WickedWitch123

darren_clarke wrote: »

what was loan for, was it in joint names, who address did the mail go to for the debt

Hi, it was a loan we took out years ago for some redecorating, consolidating etc etc. Yes, it was in joint names and we have moved 3 times in 4 years but I always made sure we either had redirections or we informed companies that we'd moved. Hubby left in 2011 and he agreed to handle certain things - this was one of them (more fool me).

WW

poppasmurf_bewdley

WickedWitch123 wrote: »

What happens if a ccj is ignored? Is there anything I can do to have this set-aside (does the 14 day rule still apply). What do i do now.

If a CCJ is ignored by the person(s) to whom it was issued, it is still deemed to have been served if it was sent to your last identified address. I don't think you have any reason to have it set aside.

WickedWitch123

poppasmurf_bewdley wrote: »

If a CCJ is ignored by the person(s) to whom it was issued, it is still deemed to have been served if it was sent to your last identified address. I don't think you have any reason to have it set aside.

Ok thank you for that. I guess my next course of action is to contact them on Tuesday and assess the damage.

fermi

14 days applies to the right to have payments redetermined if you think the court has set them too high.

Set aside would only be possible if you did not have papers sent to you current address, where you can show that they had your current one. AND that you would have a realistic prospect of defending the claim.

The one month timescale for paying the CCJ off in full and removing it from the register/CRA still applies.

WickedWitch123

fermi wrote: »

14 days applies to the right to have payments redetermined if you think the court has set them too high.

Set aside would only be possible if you did not have papers sent to you current address, where you can show that they had your current one. AND that you would have a realistic prospect of defending the claim.

The one month timescale for paying the CCJ off in full and removing it from the register/CRA still applies.

Thank you Fermi. I've just contacted ex who said that he was not aware of it either but says he's still paying as per the arrangement made last year and he'll contact them on Tuesday. My head is spinning so i'll have to let him handle it.

WickedWitch123

Ok, ive just had a look through some old papers and have found a letter from Cabot (who have issued the court papers) which has been sent here to my current address. I remember receiving this letter asking us to make contact, which my ex then did to set up a payment plan. Why then would they issue papers to an old address?

Sorry to go on about this - i'm just really stressed now as I thought we'd made arrangements with everyone. I know I just need to wait till Tuesday but it seems a long way away.

WW

WickedWitch123

I made some enquiries today and spoke to Cabot's solicitors. It seems that they did have our new address but have no record of a payment plan. The solicitor is going to make some enquiries and come back to me tomorrow. Apparently the ccj requires us to pay back the full amount but the solicitor has said that we can come to an arrangement with them without having to go back to court.

I obviously don't want a ccj on my file but I just have to make sure I stick to the payment plan. Life's too short to stress over something I now have no control over.

WW.