CCJ without notice

Not_clever_2

I had a great weekend present - a CCJ from Northampton County Court ordering me to pay a large amount to Hillesden Securities "Forthwith".

I'm shattered - I have been repaying these people for two years. I did not receive any claims or admission paperwork from the court and the first I knew of it was the judgement. I am told that I cannot challenge the judgement as I do acknowledge the debt.

I called the court to say that I had not received a claim form and they couldn't have been less interested.

I really feel violated and can't believe that a person can be judged without the opportunity to make any representation but apparently I can be.

All that I can do is ask to pay a lesser amount on a monthly basis and I have to go to a hearing to do this. Does anybody have experience of this who can offer advice?

Crown

Hi, Im afraid I dont have any experience of this myself but didnt want to read your thread withoiut replying. I remember reading on here a while ago someone else in a similar situation to you who had received a CCJ without warning although in there case they had disputed the debt.

Maybe you should go to your local CAB asap as you may only have a short period of time to put in a defence. Sorry I couldnt be more help but I wish you the best of luck with it and let us know how you get on

CLAPTON

you can challenge the CCJ on the basis you did not receive the paperwork. You can also ask for a redetemination of the amount to be paid.
However if you acknowlwdge the debt but can't in fact pay it, you may wish to consider whether having the CCJ set aside simply for a second one to be applied for is worth it. However challenging the payment terms may be more useful to you.

You may find it useful to phone nationaldebtline for advice.

rog2

Hi N-C - I agree with Crown, you should go and see the CAB as soon as possible.
You SHOULD have received a County Court Summons, from Northampton County Court, and, yes, you should have been iven the opportunity to present a defence/make an offer of payment at a rate you can afford.
This is YOUR right and is covered by the Human Rights Act.
Northampton County Court is the Court most favoured by many Debt Collection Agencies, as they are a 'fast-track' bulk handling court. Most cases are simply 'rubber stamped', but that does NOT mean that your rights should be ignored.
There ARE facilities, even at this stage, for you to have your offer of staged payment considered. If the Court were found NOT to have issued the Statutory Summons, or followed correct procedures, you could even apply to have the judgement 'set aside'.
For the above reasons, I would suggest that you need to take professional, maybe even legal, advice, and CAB is better positioned to advise on your best course of action than I am.

oscar52

getting a CCJ without any previous paperwork is impossible - i have a company try this on.

Check the court code. it should begin 7 (for 2007) and QT (for northampton) if doesnt, it wasnt heard at the court (99% certain).

Also, check with your local court who would also have to have been notified of the outcome - see what records they have.

If it turns out that there has never been a case against you, i would contact the company involved nad threaten to sue them for extortian (sp?) which is what it would amount to (my solicitors opinion when it happened to me)

If it turns out to be correct then challenge it as already stated above

penguin83

You have 16 days from the date of judgment to apply for redetermination (so you can pay a monthly instalment. The claim form would have been served first class Royal Mail by the court and all claims are served this way (unless the claimant serves themselves.)

If the judgment has come from Northampton, your local court will not have any record of the case so dont ring them yet until the case is transferred (this will be done automatically if you request redetermination.)

oscar52

If the judgment has come from Northampton, your local court will not have any record of the case so dont ring them yet until the case is transferred (this will be done automatically if you request redetermination.)

Unless this has chnaged last couple of years, the locla court should have been notified - this information came from my local court officer (who i happen to know anyway) Apologies for my awful spelling - think i need more sleep

penguin83

The individual court systems arent linked so they wont have any details until it is electronically transferred to a specific court. The Registry Trust however are notified the next day of any judgment, order or fine in England and Wales so they will have been notified. x