Old debt just awarded a CCJ

olddebtproblems

Hi

Ill keep this as simple as I can.

I went on holiday just over 2 weeks old, around 16 days in total and I come home to a 'response pack' from the courts for £808 dated the day I left for holiday saying I had 14 days to respond. Obviously the 14 days already expired, without me even getting a chance to reply to this to ask for the 28 day extension or to flat out deny I owed the money. This morning a Judgement in favor of the claimant form just landed on my door mat saying I now owe £960 and have to pay £50 a month.

I phoned the court straight away and explained I have not even been in the country and I strongly dispute what I even owe and also explained due to a job, I am NOT allowed to have CCJ's on file or bad credit etc. I have had no contact from this Restons solicitor over this and I find it highly convenient they file this the day I go on holiday and as my new job comes about. It says on the form the debt is from 2008 from a credit card, I remember having the card and the limit was £250, I just never used it, so got rid. As far as I gather, there was no out standing debt.

The court lady was very sympathetic to what I was saying and genuinely seemed like she wanted to help. But, the only thing she is saying I can do, is to ring restons and make payment before it becomes a full CCJ.

I told her

1. I do not have £960 spare
2. I do not owe £960
3. I find all this pretty damn unfair as I can prove I was not in the country during this whole 14 day response pack period.

Now my problem is, I have no paperwork what so ever on this debt, I have no information, I have been given no breakdown of what the money is for. NOTHING. just a sum I owe.

Obviously my main concern right now is in the following

1. stopping this being registered as a ccj on my fiile
2. Not paying them this money or paying a very small amount of it to make it just go away, I doubt this is even an option as they have me over a barrel.

what do I do?

National_Debtline

Hi there

Unless Restons had wind of your holiday plans, the timing of the claim appears to be an unfortunate coincidence rather than anything more sinister.

As things stand, the only route by which you can keep this off your credit file is to apply for a "set aside" of the judgment. Please read our fact sheet for more on how to go about this:

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

Your grounds for doing so should center on the fact that you would have sought to dispute the debt had you had the opportunity to do so in time.

So there was no advance warning of this claim form before it landed on your doormat? I would normally expect to see solicitors attempting to seek an informal arrangement before going down this route.

Regards

Dennis
Twitter: @natdebtline

olddebtproblems

And how much will it cost me to have it set aside? why wouldn't the lady at the court office tell me about this?

No, I have had no communication from Restons. I would have sorted something if I knew. The claimant is Cabot

There is no way I am paying some dodgy outfit £960.

[Deleted User]

So this was the first you had ever heard about this alleged debt?

Did you not receive a Letter Before Action?

brightonman123

maybe statute barred, if from 2008.. can OP apply to set aside CCJ, as no prior contact from alleged creditor?

olddebtproblems

Bedsit_Bob wrote: »

So this was the first you had ever heard about this alleged debt?

Did you not receive a Letter Before Action?

I have spoke to my wife and we now both believe that I possibly have had letters before. But, it was very dodgy looking letters saying I owed an amount of money and I need to ring them now. But, no details were ever put saying who or why I owed the money. It was literally a £ amount on a piece of paper followed by a phone number & reference.

I just dismissed them as dodgy letters and genuinely thought nothing of it as I do not have any outstanding debt or any current debt or credit.

On the court form it says I got the card in Novemeber 2008 and it was issued to them in 2011.

From my memory I used the card for several months and that was it, so not used since 2009. I am still pretty sure there was no out standing balance on the account.

[Deleted User]

The crucial question is, were any of the "dodgy looking letters" headed "Letter Before Action"

olddebtproblems

Bedsit_Bob wrote: »

The crucial question is, were any of the "dodgy looking letters" headed "Letter Before Action"

I honestly have no idea, I cant even remember the last time I got one.

[Deleted User]

Then you have a problem.

If they sent one, and you didn't read it, that's not their problem.

If they sent you a LBA, then (assuming all the court papers were correctly filed) the CCJ will be valid.

It's always a good idea, to at read letters addressed to you by name.

olddebtproblems

Bedsit_Bob wrote: »

Then you have a problem.

If they sent one, and you didn't read it, that's not their problem.

If they sent you a LBA, then (assuming all the court papers were correctly filed) the CCJ will be valid.

So it's ok for them to file a claim while im on holiday and claim for any amount they please and I have to just roll over and pay it?

so basically I have to find £960 in 27 days or I lose a job, Nice system we have in place.

olddebtproblems

also

if these letters were so important...why did they look like something from a board game? and why were they not sent recorded post?