CCJ - Living Abroad

carlos2014

I have had a judgement set against me. However I didn't realise it reached this stage, nor receive any mail at the address it was sent to.


I found out, as I just checked my Experian report. I have been living abroad for the last year.


I don't want a CCJ in case I ever decide to return to the UK, and also I don't want Baillifs hassling the people I used to live with.


I really don't know what to do, Im living abroad.


The date of judgment, shown on my credit report is 31/03/2014


Is there anything I can do?

chevalier

Didn't want to read and run, was it from the Northampton court? You might be able to get it set aside, but not sure how that is done.
Good luck
chev

carlos2014

Yes from the Northampton Bulk Centre Court.

chevalier

Ok thanks
Who secured the CCJ was it the original lender, or a Debt Collection Company. If the former they should have had your up to date address details. If the latter that is a different ball of wax. Some DCA's are a bit fast and loose with the regulations.
chev

National_Debtline

carlos2014 wrote: »

I have had a judgement set against me. However I didn't realise it reached this stage, nor receive any mail at the address it was sent to.


I found out, as I just checked my Experian report. I have been living abroad for the last year.


I don't want a CCJ in case I ever decide to return to the UK, and also I don't want Baillifs hassling the people I used to live with.


I really don't know what to do, Im living abroad.


The date of judgment, shown on my credit report is 31/03/2014


Is there anything I can do?

Hi Carlos

You may be able to apply for this CCJ to be "set aside". You would usually need to show that:

(a) You did not receive the claim form; and
(b) You had some foundation for disputing some/all of the debt concerned.

As far as (a) is concerned, the creditor/claimant would only be expected to issue the claim at the last known address they had for you - you would be expected to keep them abreast of your whereabouts if you had reason to expect further correspondence. Your post suggests that you were still able to access post sent to your old address - is that correct?

Please see our guide on making set aside applications:

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

Please note: a fee of £80 currently applies for these applications but this will rise to £155 for applications made on or after 22 April.

Failing the above, another way to prevent the CCJ being entered on your UK credit file for 6 years is to setle the judgment debt in full within 1 month of the judgment i.e. by the end of this month.

Any use of bailiffs (now known officially as enforcement agents) would have to be specifically applied for by the claimant. These agents would not be entitled to force entry to any residential property they visit and are only entitled to take control of goods belonging to the debtor i.e. you.

Regards

Dennis @NDL

carlos2014

Hi,


It was from Capquest on behalf of Vodafone, for approx £559.


Thanks

Vodafone

Hi carlos2014,

If you'd like any help from me with this, could you email me with your details via the link in our profile here?

All you need to do is copy and paste the link into your web browser and it'll take you to the Contact us form on our website. To make sure it reaches me, quote the code WRT135 - MSE in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

Kind regards,

Lee

Social Media Comms

Vodafone UK

FairWorldCitizen

You would not be able to set this judgment aside provided that the court has sent claim forms and notice of (apparently default) judgment to one of your last known addresses in the UK. Also the claim from Vodafone seems genuine and it suggests you were aware of a potential debt.

You should clear the amount and confirm payment has been done. It is likely that the CCJ will remain on your records, but as satisfied judgment (which would not impact credit checks as seriously as an unsatisfied one). However perhaps you might still apply for removal of the record by justifying that you were not able to satisfy the judgment immediately after it was entered.

Regarding the outstanding debt itself, if you do not pay the amount the company might also take enforcement actions even if you are outside UK as the amount plus court costs would be (in theory) worth doing it, by transferring to non resident unit.