Unknown CCJ, followed by set aside hearing - PLS HELP!

riot4

Hi All,

Quick summary of my problem.

>Left the country 2013, to live aboard
>Claim made against by landlord for outstanding rent after I left the country
>Judgement made against me in default in Oct 13
>I found out about the judgement in 2014, when I returned to the country for a holiday, all court communication sent to an old UK address
>I applied to set aside the judgement, as I did not realise money was outstanding as I actually found a replacement before I left and the claim amount was actually inaccurate. Landlord did not subtract the deposit
>At the hearing, judge reduced the amount of the initial judgement, but did not set aside the judgement
>I paid the reduced amount immediately

Has the correct process been followed here and do I have any grounds for an appeal. My main goal is to remove the CCJ from the register.

Thank you in advanced for your help.

Thrugelmir

You left the country with no forwarding contact address it appears. As if you did you would have received correspondence. That's your issue.

Judges are normally fair when it comes to such matters.

riot4

The letting agent had a forwarding address, but the landlord did not ask them for it and continued to proceed with the claim to an old UK address.

Thomas_The_Tank_Top

But surely you had a Royal Mail redirection in place. Just like anyone else would who has moved home.

enfield_freddy

Royal Mail redirection to an address abroad? can you do this?

JKSandy

enfield_freddy wrote: »

Royal Mail redirection to an address abroad? can you do this?

Yes. Below from Royal Mail website but I'm not sure you can get court papers redirected?!

"Need your mail delivered quickly to your new home? Our Redirection service allows you to redirect to any UK or overseas address for 3, 6, or 12 months from £24.99 for each last name"

riot4

Was wondering if anyone had any advice on my original question, thanks again all!

riot4 wrote: »

Hi All,

Quick summary of my problem.

>Left the country 2013, to live aboard
>Claim made against by landlord for outstanding rent after I left the country
>Judgement made against me in default in Oct 13
>I found out about the judgement in 2014, when I returned to the country for a holiday, all court communication sent to an old UK address
>I applied to set aside the judgement, as I did not realise money was outstanding as I actually found a replacement before I left and the claim amount was actually inaccurate. Landlord did not subtract the deposit
>At the hearing, judge reduced the amount of the initial judgement, but did not set aside the judgement
>I paid the reduced amount immediately

Has the correct process been followed here and do I have any grounds for an appeal. My main goal is to remove the CCJ from the register.

Thank you in advanced for your help.

Thrugelmir

riot4 wrote: »

The letting agent had a forwarding address, but the landlord did not ask them for it and continued to proceed with the claim to an old UK address.

You made no attempt to pay the rent due in accordance with your contract. The court's view could be that it's only the CCJ that has caused the appeal. So address alone is questionable in terms of an appeal.

riot4

I did actually find a replacement before I had left, got the landlord to approve their references etc. But turned out, last minute he didn't sign. My fault for not following up guess. But was on the list of a million things to sort out while moving countries.

Thrugelmir wrote: »

You made no attempt to pay the rent due in accordance with your contract. The court's view could be that it's only the CCJ that has caused the appeal. So address alone is questionable in terms of an appeal.

Thrugelmir

riot4 wrote: »

I did actually find a replacement before I had left, got the landlord to approve their references etc. But turned out, last minute he didn't sign. My fault for not following up guess. But was on the list of a million things to sort out while moving countries.

Good business people use the tools at their disposal. As no one likes bad debt.

molerat

1) Did you notify the landlord of your forwarding address by writing to the address for serving notices shown in your tenancy agreement ?
2) Do you really want to tell the judge he was wrong in what he did ?