CCJ from credit card 2010

xcakex

Just had a ccj come through the door for a credit card i thought my ex partner had paid off over 3 years ago...

It is from a credit card that was taken out around Jan 2010 and states assigned to claimant in May 2013

I have had no letters / calls or emails off the debt collector that now apparently holds this debt, the figure shown is well out from what i thought my partner had paid off to clear the amount around 3 years ago... I dont understand how a company can not contact me in over 3 years then land a CCJ demanding all the sum to be paid etc...when i was not aware it even existed

Any advice on where I go from here please regarding this...

Ty

MEM62

CCJ - Court papers or notification of judgement?

In who's name was the card?

Have you changed address and not notified the card issuer? (This may explain the non-receipt of previous communication)

National_Debtline

Hi xcakex,


So, the creditor would have 6 years from the last payment or written acknowledgement to take county court action. Whilst they can use tracing agents to find people, they are only required to send claim forms to the last known UK address so if you moved and didn't tell them that could be how paperwork has been missed.


If you have claim forms and a response pack you could file the defence form to try and challenge it if you believe the balance is wrong - you must do this within the appropriate timescales and you would also need to do the admission form for any part of the debt that you agree with. You may want to take more detailed advice about this process.


If you have received notice that a judgement has already been obtained and you would like to challenge it then you would need to file a set aside application. This is an application that takes the judgement back to the beginning. The court will assess how long it has taken you to make this application, why you didn't respond to the original paperwork and whether or not you have a realistic prospect of a defence. You would need some legal advice before doing this because if your application fails the debt may increase through legal costs of the other side. Good luck,


Laura
@natdebtline

xcakex

MEM62 wrote: »

CCJ - Court papers or notification of judgement?

In who's name was the card?

Have you changed address and not notified the card issuer? (This may explain the non-receipt of previous communication)

Hi Thanks for response card was soley in my name fiance had stated he had paid this off never had any response from them i have moved since then yet have mail redirection all mail, the card has been inactive for around 5 years now when i froze the balance and had a payment plan set up with scotcall, to which them my fiance paid it off through them.

Its a Claim for from Northampton Court that has come through with a balance i never had ( i note was in 3k zone when ex paid it) now states well over 4k with court fees and legal costs

xcakex

National_Debtline wrote: »

Hi xcakex,


So, the creditor would have 6 years from the last payment or written acknowledgement to take county court action. Whilst they can use tracing agents to find people, they are only required to send claim forms to the last known UK address so if you moved and didn't tell them that could be how paperwork has been missed.


If you have claim forms and a response pack you could file the defence form to try and challenge it if you believe the balance is wrong - you must do this within the appropriate timescales and you would also need to do the admission form for any part of the debt that you agree with. You may want to take more detailed advice about this process.


If you have received notice that a judgement has already been obtained and you would like to challenge it then you would need to file a set aside application. This is an application that takes the judgement back to the beginning. The court will assess how long it has taken you to make this application, why you didn't respond to the original paperwork and whether or not you have a realistic prospect of a defence. You would need some legal advice before doing this because if your application fails the debt may increase through legal costs of the other side. Good luck,


Laura
@natdebtline

Hi Laura

Thanks for response card was solely in my name fiance had stated he had paid this off never had any response from them i have moved since then yet have mail redirection all mail, the card has been inactive for around 5 years now when i froze the balance and had a payment plan set up with scotcall, to which them my fiance paid it off through them.

Its a Claim for from Northampton Court that has come through with a balance i never had ( i note was in 3k zone when ex paid it) now states well over 4k with court fees and legal costs

National_Debtline

Hello again,


So if you have claim forms and a response pack from Northampton you will have 14days to file your initial response, plus 5 days for postage. If you believe the debt has been paid you could file the defence form but you may need more time to get that together, so I would actually suggest you file the Acknowledgement of Service form first. This will give you a bonus 14days to file your response (so a total of 33days including postage).

I appreciate this seems to be a relatively straight forward situation, because you remember the debt being paid in full. As this was within the last 6 years you should be able to access information quite easily to prove this (as records are typically kept for 6 years). However, you may wish to take some legal advice in a situation like this as there is a risk the debt could increase if your defence is unsuccessful, but hopefully you should just need to show evidence that the debt was cleared at the time. Hope that helps,


Laura
@natdebtline

Brock_and_Roll

National_Debtline wrote: »

Hello again,


So if you have claim forms and a response pack from Northampton you will have 14days to file your initial response, plus 5 days for postage. If you believe the debt has been paid you could file the defence form but you may need more time to get that together, so I would actually suggest you file the Acknowledgement of Service form first. This will give you a bonus 14days to file your response (so a total of 33days including postage).

I appreciate this seems to be a relatively straight forward situation, because you remember the debt being paid in full. As this was within the last 6 years you should be able to access information quite easily to prove this (as records are typically kept for 6 years). However, you may wish to take some legal advice in a situation like this as there is a risk the debt could increase if your defence is unsuccessful, but hopefully you should just need to show evidence that the debt was cleared at the time. Hope that helps,


Laura
@natdebtline

Alas I do not think it will be that simple. The OP writes:


"Thanks for response card was solely in my name fiance had stated he had paid this off "


....and in other posts she makes it quite clear that he is totally untrustworthy!

MEM62

Brock_and_Roll wrote: »

Alas I do not think it will be that simple. The OP writes:


"Thanks for response card was solely in my name fiance had stated he had paid this off "


....and in other posts she makes it quite clear that he is totally untrustworthy!

The OP, if not in possession of statements referring to the account that shows the payment(s) being made, will need to contact their ex and ask for copies of his bank statements to show that the payments were made. In the even that neither of these can be produced then she may have a challenge on her hands defending the claim.

@xcakex I Hope you manage to get it resolved sucessfully.

xcakex

MEM62 wrote: »

The OP, if not in possession of statements referring to the account that shows the payment(s) being made, will need to contact their ex and ask for copies of his bank statements to show that the payments were made. In the even that neither of these can be produced then she may have a challenge on her hands defending the claim.

@xcakex I Hope you manage to get it resolved sucessfully.

Hi


Thanks all for advice yes quite rightly so ex is so untrustworthy (looking at it now he most prob has not paid it off) and we do not have contact any longer i have no address or numbers for him, i will write and acknowledge debt yet figure is most def wrong from what it ever was, so do i place the amount i remember it being 3 years ago? will this be available on my credit file also to view? and will send a list of expenditure and offer payments on a monthly basis im self employed which doesnt help as dont have a set income.

Any further advice be greatly received i will ring step change too for advice.

Thanks

WhyNot?

xcakex wrote: »

Just had a ccj come through the door for a credit card i thought my ex partner had paid off over 3 years ago...

It is from a credit card that was taken out around Jan 2010 and states assigned to claimant in May 2013

I have had no letters / calls or emails off the debt collector that now apparently holds this debt, the figure shown is well out from what i thought my partner had paid off to clear the amount around 3 years ago... I dont understand how a company can not contact me in over 3 years then land a CCJ demanding all the sum to be paid etc...when i was not aware it even existed

Any advice on where I go from here please regarding this...

Ty

What address is on the CCJ?
It is the court's responsibility to send you (a) the summons and (b) the judgement..

It would seem beyond a coincidence that both these items of mail which would have been sent to the address stated several weeks/months apart (together with bills, final demands etc from the creditr card provider and then the company that bought the debt) have all been accidentally lost.

I suggest you contact Royal Mail, and possibily the police.
Sadly, within an organisation as large as Royal Mail, there will undoubtedly be the odd bad apple.

http://www.telegraph.co.uk/news/uknews/crime/11990599/Postman-walks-free-after-stealing-11000-items-of-post-over-22-years.html

http://www.nottinghampost.com/long-serving-postman-stole-17-000-worth-parcels/story-28939090-detail/story.html

http://www.mirror.co.uk/news/uk-news/postman-wife-made-15000-stealing-5043891

etc

WhyNot?

Why is the CCJ in your name, when the debt was accrued by your ex fiancee?

Even if judgement has been given (presumably in default if you have known nothing about this previously) you can still apply for the judgement to be set aside.
(Use Court form N244)

Then you would defend the matter, presumably on the basis it was never your debt in the first place.