To set aside or not? CCJ

cmb621

Hi there,

I was hoping to get some advice on whether I apply to the court to have a ccj set aside. Sorry for the lengthy post, but I thought it best to give you all the facts!

I have managed to build up service charge arrears (I rent out the property) - a tidy sum of £407 including court fees. I was unaware of this due to my housing association sending my correspondence to an address which was 6 years old. In September 2013 they made a claim with the Court. And in October a Judgment was issued. In December I found out about it and paid it immediately.

I had informed housing association's customer service department of my new London address through their web contact form on-line in August 2013. I had also emailed them in March 2013 informing them of a correspondence address in Leeds. (My mothers address) and I had notified them by post (no proof of postage but have an electronic copy of the letter) in April 2010 of a current address in London. Their customer service department was not updating their leasehold department, but I failed to check on them and didn't think about the fact I had not received a statement over a few years.

Now the frustrating thing is my mother had received a letter in September 2013 from my mortgage provider notifying me that they had had correspondence from my housing association notifying them of the arrears. She did not open it (god knows why as she under instruction to open my post and usually does) and only did so in December when I gave her a call and she mentioned that I had post. At that point I got in touch with the housing association and discovered the arrears and the CCJ.

I otherwise have an excellent credit report and the ccj does not show up on my experian or equifax credit report due to the old address not being linked to me. (At a guess)

My partner and I would like to apply for a mortgage - and I believe that if I wait for a year then high street banks may consider me again. If i apply to set the judgment aside - apart from the fact i may have to pay the court costs if I lose, then I think the CCJ will become linked to my current address therefore adversely affecting my credit score.

Do I apply or do I leave it and wait until Jan 2015 to buy a place? - and hopefully by then there has been a housing crash!

Dovah_diva

I work in a leasehold department and have to say, your chances of getting the CCJ overturned are slim. I am assuming that the address on the Land Reg is the same as the property address? If so, the HA have acted correctly on serving the papers to this address.

While I appreciate your frustration at them failing to update your correspondence address, it is your responsibility to make sure you are paying your service charges. A DD would have avoided this.

I think in your position I would certainly write to the HA, expressing your concerns about their apparent failure to update their records. Then I'd pay the outstanding balance, set up a DD for future charges and wait to buy a home.

cmb621

Dovah_diva,
Thanks for your reply. I have already done what you have suggested - I wish I had set up a DD in the first place rather than a standing order. Unfortunately they didn't serve me at the property address as I would have got it from my tenants. They served me at the last correspondence address which they had failed to update, even though I had informed them of my new address.

Hmmmmm

Experian_company_representative

If the court papers were not served correctly you can usually apply for cancel the judgment so it can be re-served. But as you've settled the debt I suspect that might weaken your position. The court should be able to advise you on this.

James

rizla_king

Can you prove you gave a new address?

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

I did not get the court papers

If you did not get the court papers through the post the court will not always agree that this is a good reason to set aside the judgment. The court is allowed to send the papers to your usual or last known address (even if you have moved). If you have given your creditors your new address then they should contact you there.

If they still send the papers to your old address then you may have good reason for the judgment to be set aside.

If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

• you can prove you gave the creditor your new address;
• the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
• the post office returned the claim papers as they were not able to deliver them.

ValHaller

Dovah_diva wrote: »

I work in a leasehold department and have to say, your chances of getting the CCJ overturned are slim. I am assuming that the address on the Land Reg is the same as the property address? If so, the HA have acted correctly on serving the papers to this address.

While I appreciate your frustration at them failing to update your correspondence address, it is your responsibility to make sure you are paying your service charges. A DD would have avoided this.

I think in your position I would certainly write to the HA, expressing your concerns about their apparent failure to update their records. Then I'd pay the outstanding balance, set up a DD for future charges and wait to buy a home.

That advice is thoroughly wrong. OP had updated his address by multiple means. Why did the HA have an on line form for updating contact addresses unless they were either incompetent or lulling people into false security so they could get CCJ?

Now what you are saying may excuse the HA for not directing the demands for Service charges to OP. But it does not excuse them for not serving court papers to the correct address. OP is to my mind fully entitled to have the CCJ overturned and most costs reimbursed.

Dovah_diva

cmb621 wrote: »

Dovah_diva,
Thanks for your reply. I have already done what you have suggested - I wish I had set up a DD in the first place rather than a standing order. Unfortunately they didn't serve me at the property address as I would have got it from my tenants. They served me at the last correspondence address which they had failed to update, even though I had informed them of my new address.

Hmmmmm

That does change things a bit. When we are in the process of referring to court, we always check the address on the Land Reg and also whatever correspondance we've received from the leaseholder. Ultimately, the address we have on the Land Reg takes precedence. For example, if we have a correspodance address on our systems but are receiving no responses from the leaseholder and have the property address on Land Reg, we then write to and ultimately refer using the Land reg address. So what address is on Land Reg?

The HA are very likely to argue that they did not receive the COA requests you made. I know that when I have used the on-line forms of my HA they have gone ignored - unfortunately though, I have no evidence I even sent it!

Do you have any evidence of the requests you've made?

Thrugelmir

Why was your mortgage company writing to your mothers address?

Where are you registered on the electoral roll?

Not asking for answers. Merely that in the event that you apply for a mortgage there would be some considerable explaining to do.

Dovah_diva

ValHaller wrote: »

That advice is thoroughly wrong. OP had updated his address by multiple means. Why did the HA have an on line form for updating contact addresses unless they were either incompetent or lulling people into false security so they could get CCJ?

I doubt it very much. Although the OP claims to have advised the HA of the change of address, it remains their responsibility to ensure that the service charges are paid. You would be amazed at the number of leaseholder's that claim to have sent us change of address requests but have not. The OP has already stated that they were not receiving service charge statements.

ValHaller wrote: »

Now what you are saying may excuse the HA for not directing the demands for Service charges to OP. But it does not excuse them for not serving court papers to the correct address. OP is to my mind fully entitled to have the CCJ overturned and most costs reimbursed.

Your opinion, in this instance, is irrelevant. What address the OP has on the Land Reg and whether the papers were served correctly is the issue. The change of address is secondary. The OP may be able to get the CCJ overturned, but it depends on a number of factors.

ValHaller

Dovah_diva wrote: »

Your opinion, in this instance, is irrelevant.

Yours equally so.

Dovah_diva wrote: »

What address the OP has on the Land Reg and whether the papers were served correctly is the issue. The change of address is secondary. The OP may be able to get the CCJ overturned, but it depends on a number of factors.

Well of course OP may be able to get the CCJ overturned and it is blindingly obvious that it depends upon a number of factors, one of which is the change of address.

Dovah_diva

ValHaller wrote: »

Yours equally so

Except that this is an area I am knowledgeable in, as it is my line of work - and not just opinion.

ValHaller wrote: »

Well of course OP may be able to get the CCJ overturned and it is blindingly obvious that it depends upon a number of factors, one of which is the change of address.

In which case, it would be useful if the OP could give all the salient facts! Merely claiming to have requested a change of address will not be sufficient in getting the CCJ overturned.

In fact, the address that is on the Land Registry record is absolutely key.

OP, have a look on the Leasehold Advisory website for further information. They also have advisors who can offer support and advice.