Help CCJ Just appeared!

us,thecat&thedebt

Hi All,

its been a while and its good to be back

we have finally moved and become homeowners!

just as we thought all was getting better, all debt under control ect i get a alert from my equifax credit report to say a ccj has been added to my credit report dated 8th June at northampton court for 524

i have no idea what this is for! its registered at a previous address that we moved out of january this year..

i have a double barrelled surname ''a smith-jones'' and it is only registered as a smith

this has baffled me further as it cant be for a bank ect

anyway to the point what i want to know is how do i find out what it is for and do i stand any chance having it removed if its not against my real name?
and went to my old address.

i contatced the ea who sold the house and the buyers confirmed that when our redirection finished tey returned further mail to sender.

HHHHEEEELLLPPPP

TIA

fistfullofdollars

Hi

That doesn't sound good. Well done on the house. We are in the process atm. Offers in, mortgage promise done so just waiting for a full offer from the Halifax. Solicitor is doing the searches etc.

Re your CCJ. Barclaycard have one of there main offices at Northampton ?

us,thecat&thedebt

no barclay card

have just checked paper work for argos card i held that defaulted in 2005 and it seems they addressed everything to the name on ccj .

i had been paying this to moorcroft at 25 per month for nearly 2 years have missed the last 2/3 payments due to moving.

the last statement i have from moorcroft shows balance 0f 427

tried to moorcroft but they are closed

would they go for a ccj when i had been paying, they chased me for 8 months before i paid intially without court action so why now!

us,thecat&thedebt

correction to above post actual last balance 377.66

Sharifa_2

Maybe they thought you were defaulting as you hadn't paid for 2-3 months? Presumably Moorcroft bought the Argos debt because you defaulted on that as well?

us,thecat&thedebt

moorcroft bought the debt over 2 years ago and i have been paying upon double checking it was only 2 months just 1st may and 1st june missing.

my point is at the beggining of the agreement i missed payments and took a while to accept their proposals expecting that it takes more than 8 days to get a ccj from start to finish that would mean they took me to court over a missed payment of £25!

say they sent a letter and it was returned no known return to sender is it right for them just to issue a ccj knowing i dont live there

i am even in a postion to pay the 377 in one go something i was intending to do

if i can prove i never got court documents ect and can pay the 377 can i get it ff my file?

also do the court ignore it if the summons comes back undelivered?

fermi

us,thecat&thedebt wrote: »

if i can prove i never got court documents ect and can pay the 377 can i get it ff my file?

also do the court ignore it if the summons comes back undelivered?

You may have grounds to get the judgement set aside, if you believe you were not at fault for failing to receive the documents.

This is from: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

You may find the whole link useful, but the bits in red may apply to you in particular.

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:

• you may not have received the original claim form;
• you may have moved house and not had post from your previous address;
• 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.

DEFAULT JUDGMENT

You may have a default judgment made against you where there was no hearing and you have not sent back the 'Acknowledgement of Service' form to say you intend to put in a defence. You may also have a default judgment made against you if you have not sent in the reply form asking for time to pay within the time limits.
You should not have a default judgment if you:

• paid off the whole amount owed.

The court must set aside the default judgment if you either:

• sent back the acknowledgement of service form with the time limit; or
• put in a defence within the time limit; or
• sent in the reply form asking for time to pay within the time limit.

The court may agree to set aside the default judgment if you did not send in a reply form within the time limit if it thinks:

• you have a real chance of a successful defence to the claim; or
• the court thinks you have a 'good reason' to set aside the judgment e.g. where you did not get the papers through the post.

You will need to way up the pro's and cons to see whether it is worth the court fee of £65 to attempt to get it set aside.

us,thecat&thedebt

Thanks for this it really helps..

i haved no problem paying my debt i accept it i just think its unreal the way the jumped at a court judgement...

final step how do i find out for sure it is for what i think it is?

fermi

us,thecat&thedebt wrote: »

Thanks for this it really helps..

i haved no problem paying my debt i accept it i just think its unreal the way the jumped at a court judgement...

final step how do i find out for sure it is for what i think it is?

I would make contact with the court concerned. They should be able to tell you how to go about obtaining the info you require. Most court staff are very helpful.

EDIT: Do not get tempted to search for the CCJ at the Registry Trust as:

1) £8 per search (ouch!!)
2) You will not find - Details of the claimant, plaintiff, or pursuer – this information is only held at the court. For some jurisdictions it is only available to the defendant.

us,thecat&thedebt

Thanks for details,

the court is in northampton and i live in hertfordshire (just north of london) do i actually have to go there or can i get details over the phone?

fermi

us,thecat&thedebt wrote: »

Thanks for details,

the court is in northampton and i live in hertfordshire (just north of london) do i actually have to go there or can i get details over the phone?

That I'm not sure of. Someone else here may know, but otherwise I would ring them up and ask. Nothing like getting the answer from the horses mouth.

If they need any documentary proof of who you are, you may have to do all the formal stuff in writing.