CCJ on my credit file with no opportunity to defend

Cherrio

Hi All,
I hope someone could give me some advice.
For the past 3 months I have been wrangling with both Capquest and Lowell regarding 2 separate debts. I believe both are Statute Barred and have sent them both letters to explain this for both separate debts.

However,

I looked closely at my credit file from Noddle last week to ensure that both debts weren't on my credit file to be certain they were statute barred and came across a section called public information. To my horror I found Capquest have given me a CCJ for a third debt nearly 2 years ago at an address two times previous.

As I have recently placed myself on the electoral role after moving in my new home, I have started to get the debt letters come to my new address, so on my credit file I looked at address links and to my horror Capquest had my first address to where the CCJ was issued then 3 days after the judgement date changed it to my previous former 2nd address (currently still my mum's house) and then on same day changed it back to my first address.

What I find odd is that my former 2nd address has had no contact regarding this debt as any odd letter I get at my mums house is given to me always and I read them.

I havent had no opportunity to defend myself against this CCJ and 3 days later Capquest knew my new address from my credit record or may have known of it earlier prior to informing the CRA's.

Why have they not demanded payment for this CCJ at New address.

I really don't know what to do, as I am unsure whether I can apply to the court to set it aside. As clearly Capquest have made no contact with me at my 2nd former address (my mums) and it seemed that easy for Capquest, 3 days after the CCJ was issued change my address and not contact me about the CCJ'd debt at my mums address. Then contact my new address for a totally different debt, with nothing about the CCJ.

Any advice please on what I should do, whether I can apply to the court for it to be set asside, with the evidence of them being capable of getting my new contact details.

[Deleted User]

Your post is hard to follow.

Which address did the lender have in relation to the debt at the time?

Was the CCJ served to the same address?

National_Debtline

Hi Cherrio

The claimant only has to send a court claim to the last known address they have on record for you.

If you have grounds to dispute liability for the debt you can apply to set the judgement aside. As it costs £255 and there is a risk or court costs being added if your application is unsuccessful we recommend taking legal advice.

You may be able to access free legal advice from the following organisations:

www.lawcentres.org.uk

www.lawcentres.org.uk

James
@natdebtline

Anthorn

Double negative in the Opening Post: If you haven't had no opportunity then you must have had an opportunity.

My guess is that the lender served the CCJ case papers at your last known address. But it's a difficult one. If you inform the owner of a statute barred debt that you have changed your address then it could be seen as admitting the debt and consquently the statute barred status could be removed.

Here's a factsheet from National Debtline on having the CCJ set aside:
https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx#

National_Debtline

The court should look at whether the OP acted promptly once they found out about the CCJ, so set aside may still be possible if there are grounds to dispute the enforceability.

James
@natdebtline