CCJ to incorrect address...

missarch

Hi all,

I'm hoping somebody can help...

I've recently acquired a copy of my credit file and discovered that in June 2012 there was a CCJ issued against me for a debt of £500. This CCJ was issued at my old address, which I left in December 2011.

The debt is with T-Mobile and upon moving to my new address, I sent them a letter, as well as a letter to the agent acting on their behalf. I have no idea where the postage slips are as obviously this is now a year ago and I'd heard nothing from either about the matter. Yes, I should have thought this was bizarre at the time.

Anyway, had I known that I had the CCJ issued, I would have borrowed the money from my parents (I was not in a very steady job at the time as I'd just graduated) and paid it within the 28 days so it never showed up on my file. Due to the incorrect address being supplied to the court, I was not given this opportunity and am therefore stuck with a CCJ on my credit file until 2018!

Is there any way I can pay this CCJ and have the decision overturned on the grounds that I never received the correspondence? I'm not disputing the debt, I'm in a far better position to pay it now, but I just cannot have a CCJ hanging over me.

Look forward to your responses and thanks in advance!

spacey2012

You need two reasons to file a N244
You did not receive papers + You dispute the debt and had a valid defence.

If you have updated your details with a credit referencing agency, they will flag your file with your new address and you are very likely someone will contact you with regards to the CCJ, as they can instruct bailiffs within 14 days of knowing your new address, you might be better paying the CCJ .

You can try a N244 but you usually need a secondary point other than incorrect served papers.
If you had the proof of postage for the letters changing address, that would make the application mis-leading to the court which is two points, which would have it re-set to hearing stage.
So get looking through those cupboards for any proof of postage.

missarch

Thanks for that info there Spacey2012, much appreciated. I'm going to hunt those slips out this weekend, let's hope I can remember my "safe place".

It's frustrating that I'd need two reasons to submit the N244 however at this stage I'll do anything to have the CCJ removed so I'm willing to give it a shot.

Anyway, thanks again for the help

spacey2012

There is a third way, you can file a affidavit sworn in front of a solicitor (£5 fee) that you posted them change of address and informed them, but obviously only if true.

To just apply for N244 without a secondary point is usually a waste of time.
You need to convince the hearing that you did all necessary to inform them or have a very good defence likely to succeed.

spacey2012

Also, worth baring in mind that these companies are so big, the chances of them getting the n244 application for re-hearing and acting on it and sending a solicitor along are usually slim and if they dont turn up, if you have a defence of lack of disclosure and failure to provide a contract or constructed agreement, the judge may strike the old CCJ out completely as it is in effect a new hearing.

missarch

Ok well I'll keep the 3rd option in mind in case I'm unable to find the post slips.

So re: 2 reasons, could these not be that 1. The court papers were sent to an incorrect address despite notification being given that I had moved and 2. As a result of point 1, I was not able to settle the amount before the 28 days limit.

(Potentially clutching at straws there but I genuinely only have 1 reason as I'm not disputing the debt!)

Thanks again!

missarch

spacey2012 wrote: »

Also, worth baring in mind that these companies are so big, the chances of them getting the n244 application for re-hearing and acting on it and sending a solicitor along are usually slim and if they dont turn up, if you have a defence of lack of disclosure and failure to provide a contract or constructed agreement, the judge may strike the old CCJ out completely as it is in effect a new hearing.

Sorry to be a pain, what exactly does this mean for me? That potentially the old CCJ could be struck off and a new one issued on that current date, or I would be given new opportunity to pay up and have it removed from my file? Or both?

MIND. BOGGLED.

Thanks!

Thrugelmir

So you were aware of the debt owed? Prior to moving what attempts had you made to resolve settlement of the debt?

missarch

Hi,

Yes, I was aware. The debt had been passed to a DC agency (not sure on the exact date of when this happened) and I had offered to pay a certain amount per month to settle it, which they rejected. This was not long before I moved house.

Thanks!