ccj I don't think is mine and wasn't aware of!!

jkhmt

Hi guys,
I'm new to the site and have been searching for a situation similar to mine in the hope of not having to bother anyone but can't find one.

I recently went to open a business account to start a new busines . I was rejected so joined experian and found out I had a ccj dated back to 2013.
Couple of things.
I wasn't aware of this ccj which is registered to my old address (which my ex wife lives at). I didn't get my post for the first year or so due to bad relations with her (2009-2010) but since 2010 I've been getting all my post and have no recollection of this. Should they send the ccj paperwork recorded delivery?
so anyway moving onwards. I contacted Northampton county court and got the details. Then called the solicitors.
They gave me some details saying it's for a credit card and the amounts etc. I said I don't think this is mine can you get me a copy of the credit agreement. Roughly 8 weeks after my request and many many phone calls I got a copy of statements (just plain and no details or specific marking of original creditors) but no agreement.
I spoke to them again and they said they have requested agreement and are still waiting a response. I also received a letter from a dca saying they have put it on hold due to my request and won't chase till I have received relevant paperwork.
I know in hindsight I should have really done all this via letters but was panicking and trying to sort quickly.

So my question is also where do I go from here?
If they can't find the agreement do I have a chance if setting this aside?
Should I send a letter stating about the phone calls and again requesting the agreement, giving them a time limit?
How can I prove I haven't received any paperwork?
What are my options?
Sorry for being long winded and hope someone can help.
many thanks.
Jkhmt

thewhiteavenger

You're going to have to try getting this set aside

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

It would be a good idea to put your position in writing and ask if they would oppose the application.

jkhmt

Thanks for the reply. I'll look into this.

jkhmt

Anyone else think getting this set aside is a possibility?

jkhmt

Afternoon again.
Sorry to bother you all.

So I've requested a copy of judgement etc from Northampton county court which I expect to receive in next few days.

I just don't know where to go with this. Problem is firstly I'm not sure if this debt is or isn't mine.
Sounds daft but I had very good job and lots of credit from different people but always cleared up what I owed. I left the family home informing what I thought was all of my creditors about the move. Initially the relationship with the ex wife wasn't let's say amicable. Since then we have sorted our difference so I've started receiving my mail etc. But at the time the judgement was awarded I was receiving my mail and never received any papers about the judgement.
Main problem is I can't just turn up to a hearing say in I haven't received papers and don't know of the debt. I've read how hard it to get set aside.
I'm just baffled with it all. And my scenario is hardly straight forward and perfect.

I need to give my head a shake and get this sorted as I can't get my business up and running due to been unable to open a business account.

Any advice would be very welcome.

National_Debtline

Hi jkhmt

To answer a question in your initial post, no, the claim form (CCJ paperwork) does not have to be sent by recorded delivery or signed for. The creditor's duty is simply to issue the claim at the last known address for the debtor. If, for argument's sake, you overlooked this account when updating creditors on your whereabouts, this creditor would be deemed to have issued the claim validly.

Can you think of any reason why this one might have slipped through the net? Was there no prior information on your credit report relating to this particular debt?

Of course, if the debt is the subject of mistaken identity, that is a different matter altogether and an obvious candidate to be set aside. First, though, you really need to get any requests for information made in writing so that you have a paper trail to present to the court if/when necessary.

Dennis
@natdebtline

jkhmt

Thanks for the reply
It could have well slipped through the net because I and my wife was obviously going through a really tough time and everything happened really really quick. Including me losing my job although I found one fairly quick but less pay.
I just genuinely can't remember this debt. I only recently got my credit report so not sure if this showed up on there before hand.
I have requested judgment information from court but plan on starting the letters to the dca/solicitors.

I'll ask for proof of agreement and also any dates they claimed to have sent correspondence to my previous address.
Am I better writing to the dca or the solicitor who is acting on there behalf?

Many thanks.

jkhmt

I received some paperwork from the courts as I requested. Under the description of case events etc, it says.

28th-feb-13 n30 judgement by default

3rd-oct-13 warrant of control issued

3rd-oct-13 final return of warrant

4th-oct-13 invalid warrant request (mag my

21st-jan-14 letter to
fwd to wrt crt to advise clmt accordingly

21st-jan-14 letter from party
querying update on wrt

18th-feb-14 final return on warrant

31-jul-14 telephone message
call from Def for jmt/POCicon/clmt debts

24th-nov-14 change of defendant address.

I'm confused as to what some of these mean.

1) warrant issued 3rd of Oct then return of warrant same day.

2) invalid warrant request following day

3) 21st Jan letter to, fwd to wrt crt to advise accordingly
Same day letter from party querying wrt

4) ththen another final return of warrant dated 18th Feb 14.

Can anyone shed any light on this as I'm struggling to find any information.

Many thanks.

rizla_king

Sound like the tried to get a warrant for bailiffs. Screwed that up a bit so it was returned. Then recently on your contact changed the address they have for you.

jkhmt

Before the judgement by default should there not be a issuing of paperwork?

rizla_king

Yes. Claim forms should have gone to the address they had for you at the time. The court will send them by 1st class post to the address they are given. Is that is wrong address, or they get lost in the post, or someone bins them and doesnt give them to you then you may not get them.