Old debt just awarded a CCJ

[Deleted User]

olddebtproblems wrote: »

I said in the first post I believe there is no outstanding debt

Then you should have defended the claim on those grounds, at which point they would have had to produce evidence, that you did owe it.

By not defending the case, the court had no information to balance against the claim, so awarded a judgement in default.

olddebtproblems

I didnt get a chance to defend it, I have been on holiday for 16 days and the first working day I get a chance to defend I get the judgement on my doormat.

This is my whole point, I was not here for the entire 14 day period I had a chance to reply with.

I phoned the court this morning and shes just advised me to pay the full £960 before 28 days are up, so it doesnt register on my credit report.

tomtontom

olddebtproblems wrote: »

I didnt get a chance to defend it, I have been on holiday for 16 days and the first working day I get a chance to defend I get the judgement on my doormat.

This is my whole point, I was not here for the entire 14 day period I had a chance to reply with.

I phoned the court this morning and shes just advised me to pay the full £960 before 28 days are up, so it doesnt register on my credit report.

So now you need to do what you should have done in the first place - ring Restons and find out what the debt relates to.

olddebtproblems

tomtontom wrote: »

So now you need to do what you should have done in the first place - ring Restons and find out what the debt relates to.

and when I get a chance, tomorrow morning. I will phone them. I know what the debt is for now because the court told me. A credit card, which I had a £250 limit on and when I stopped using it in 2009, I believe the balance on it was £0

[Deleted User]

olddebtproblems wrote: »

Well, if I read that I would have taken it seriously!

But, it isn't their fault, that you didn't read it.

But, I can't prove or disprove they sent me that.

You don't need to prove they didn't send it.

You simply need to swear under oath (it's called a Statutory Declaration), that you never received it.

The problem you have is, you don't know that you didn't receive it (all you know for certain is, you didn't read it), so you would be committing perjury, which is a very serious matter, which can lead to prison.

My advice would be to beg or borrow the £960, and pay it before the CCJ appears on your file.

olddebtproblems

I'm not paying £960 I do not owe.

I'll start making calls tomorrow to try and sort it or get someone to act on my behalf to help.

[Deleted User]

olddebtproblems wrote: »

I didnt get a chance to defend it, I have been on holiday for 16 days and the first working day I get a chance to defend I get the judgement on my doormat.

The point is, if you had been reading correspondence they were sending you, you would have known they were about to take court action, and could have contacted them, to find out what it was about.

tomtontom

olddebtproblems wrote: »

I'm not paying £960 I do not owe.

I'll start making calls tomorrow to try and sort it or get someone to act on my behalf to help.

Do it today, it is pointless putting it off.

olddebtproblems

I can't do it today, otherwise I would.

[Deleted User]

olddebtproblems wrote: »

I'm not paying £960 I do not owe.

To be honest, I can't see any grounds to overturn the CCJ.

There is nothing to suggest the required paperwork wasn't correctly served (these companies are pretty experienced, so don't often make mistakes), and the CCJ was correctly issued.

If you don't pay, the chances are very high, that the CCJ will be registered against you.

IMO, you are fighting an impossible battle which, as you have already acknowledged, will have serious consequences in relation to your employment.

In your shoes, I wouldn't chance it.