CCJ Over car I sold!

Marktheshark

You would have been showing as previous keeper on the VC5, therefore he had a serviceable address.
This is grounds for a new hearing, set aside is a bad term, the clock gets re-set and you all have to trot along again.
The Form is called N-244 and it costs from memory £155.

peachyprice

Aquamania wrote: »

If you've had a CCJ awarded against you, it sounds like the judge believes the claimant.

No, it just means that the claimant won by default because OP didn't defend because the claimant used the wrong address.

Marktheshark

If it is undefended, there is no hearing these days, it just gets rubber stamped.
Hence why if you can prove he had access to a serviceable address or could have requested one from you (keep the phone records) as he obviously has no difficulty contacting you then the N-244 should be accepted by the district judge and the case will be examined and a decision if it should be re-heard or had no chance in the first place is made.
Where deliberate drivable deception on issuing party is at play, they generally just strike it from the record.
Not withstanding this Caveat Emptor should soon see his claim off.

Aquamania

peachyprice wrote: »

No, it just means that the claimant won by default because OP didn't defend because the claimant used the wrong address.

Are you clairvoyant?

Because that information only came to light after I posted that comment. :cool:

There's still somethings not quite adding up, at least for me.
The OP only sold the car in April. The OP knew there was an ongoing dispute with the buyer but moved without telling the buyer their new address.

All this will probably be taken into account by a judge if an application to set aside the original judgement is made ... and even is successful, the whole matter will go before the judge again.

peachyprice

Aquamania wrote: »

Are you clairvoyant?

Because that information only came to light after I posted that comment. :cool:

Nope, it was in the OP

mikehiow wrote: »

It seems he's found an old address of mine somewhere and issued it against that.

Aquamania wrote: »

The OP knew there was an ongoing dispute with the buyer but moved without telling the buyer their new address.

OP didn't actually say he moved, he said the claimant used an old address.

wealdroam

Aquamania wrote: »

The OP knew there was an ongoing dispute with the buyer but moved without telling the buyer their new address.

Are you clairvoyant?

Have we been told that the seller moved after selling the vehicle?

Aquamania

wealdroam wrote: »

Are you clairvoyant?

Have we been told that the seller moved after selling the vehicle?

Oh, I've got myself a stalker!

pinkshoes

Marktheshark wrote: »

You would have been showing as previous keeper on the VC5, therefore he had a serviceable address.
This is grounds for a new hearing, set aside is a bad term, the clock gets re-set and you all have to trot along again.
The Form is called N-244 and it costs from memory £155.

^^^^ this!

I believe you can also get the judgement removed on the grounds of unfairness e.g. It was sent to wrong address.

Phone the court who issued it, and act quickly if he has paid for bailiffs! If they turn up, it will be helpful to have paperwork saying it has been set aside.