Ccj- help

bailey10

I need advice in regards to a CCJ I have seen on my credit file.

Around 2 years ago my mums partner bought me a car for my 21st birthday. To cut a long story short when their relationship broke down he started to chase me for a sum of £10,000 that he claims is owed to him to for the car.

He wanted to take it to court however sent the papers to my wrong address (knowing full well we had moved after their breakup) due to this I received the court summons over a month after the summons date.

I tried to send an appeal but have heard nothing since and so thought it had been revoked or cancelled. Last night my partner and I were checking my credit file ad we want to buy a house - and on my report is a CCJ for over £10,000!!

Does anyone know whether it is worth it for me to appeal to set the claim aside on the grounds that there was never any contract or agreement made about the car, it was always understood that it was a gift until he changed his mind following the break up. At the time my mum was also paying him money as and when he needed it to cover some debts he had. This does not fully amount to the total he is trying to claim but it is over 2/3 of the total. We have proof of this from bank statements etc.

As I said there is nothing in writing to to state the the car was not a gift and my mum was only giving him money out of pity.

I am not sure what to do in ways of the appeal as I do not want to open up a can of worms but I do not want it to effect my chances of getting a mortgage.

Please help, all advice welcome. Thanks. :(:(:(:(:(:(

PaulW922

Yes. On the basis of what you say, you should apply for a 'set aside'. You do this directly to the court. There is a fee to be paid I'm afraid. Your grounds for the set aside would be that (a) you did not receive any notification owing to the court papers being sent to the wrong address and (b) you dispute the claim in its entirety.

The court will then issue details of your application to the claimant. he can either (a) accept it and allow the set aside, (b) ignore it and the set aside will apply by default or (c) dispute it. If (c) happens there will be a hearing where you put your case to a judge (it is very informal) and he puts his. The Judge then decides.

If you are successful, and you should be, the judgement will be struck off. Your Mum's ex can then reapply for judgement if he wishes - this time to the correct address - and you will be able to contest it as you should have been able to do in the first place.

It is important to bear in mind that the set aside application is about whether or not the claim was properly notified and not whether or not you owe the money for the car. You can find help here:

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

Whatever you do, should you receive any indication of an attempt to enforce the judgement, remember that until ti is set aside it remains in force and is payable.

bailey10

Thanks Paul,
Have you got any advice on how to word the letter or how it should be put?
is it simply a case of filling out the form and stating that I had not received the letters until after the date so would like the CCJ removed?

nottoolate

you also need to give reasons why you think you would have a reasonable prospect of success in defending the claim again.

alchemist.1

How long ago was this? The Court consider whether the application is made promptly aswell as other factors.

Thrugelmir

bailey10 wrote: »

He wanted to take it to court however sent the papers to my wrong address (knowing full well we had moved after their breakup) due to this I received the court summons over a month after the summons date.

(

Was he aware of your new address?

Why a month? Wasn't their a postal redirection on the old property?