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

jkhmt

Thanks for replies

What I'm wondering is if this should be listed in details of case what lists everything else apart from that. So I don't actually know when/if they was sent as I didn't receive.

[Deleted User]

Is your name a common one, like John Smith, or an unusual one, like Tarquin Fortescue-Smythe?

jkhmt

Common'ish

[Deleted User]

In that case, it could well be they have the wrong person.

jkhmt

Any ideas about the above I posted?

dancingfairy

Can't you just get it set aside? You don't recognise the debt and you've had no proof the debt is actually yours? Personally I think that's enough of a reason. If they can prove the debt is yours then fair enough the CCJ will stand (or it will be overturned and the creditor will have to reapply) but you will be in no worse a position.
Is there any point picking over what happened and when? Far easier surely to say you don't believe the debt is yours.
df

jkhmt

Your right. I'm not giving them anymore time. I'm just going to apply to get set aside. Hope the judge sees my side.

dancingfairy

I'm just worried if you start arguing about procedures - a) it's more complicated and b) if they say - we served it at the last known address then that's fine. I worry that you would be focusing on the wrong thing if you see what I mean.
Get the application in to get it set aside. You will probably find further help and advice on debt websites such as National Debtline, the cab or Stepchange.
df
p.s can you put in the application that you have spoken to the creditors on such and such a day and asked for proof that the debt is yours but you have yet to receive a reply. You are still not satisfied the debt is your which is why you are applying to set aside?

Thrugelmir

jkhmt wrote: »

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

The Company concerned will have a laid set of standard procedures with regards to delinquent accounts. Reminder letters, statements, letters of pending court action etc. So the judge will side with the Company in this regard. On the basis that they did try to make contact with you. As they would have cited these details in the original CCJ application in order for the judge to issue same.

Thrugelmir

jkhmt wrote: »

Your right. I'm not giving them anymore time. I'm just going to apply to get set aside. Hope the judge sees my side.

What side. The court will rule on the basis of probability not your word alone.