Bailiff letter but no other letters, not even for a court hearing!

JanetteE

Hi all,

My thing is, yesterday I received a letter from the county courts to say that because I have not paid the county court the amount owed, the bailiffs will be attending our home to take possession of goods.
I, nor my husband have a clue what this is about, we moved to our new bungalow, ( I am now severely disabled with a lot of health problems and my husband is my full time carer.) 3 years ago. The debt is in my previous name before marriage, my husband and I have been married just over 5 years now, but we, even at our old address, have had nothing. We had no letter from the courts to say when this hearing was, so that we could go and I could defend myself in court!
When I rang the courts to see what on earth this was about, the chap said it was originally for capital one and Arrow Global Guernsey Ltd had bought the debt. The original court case was in the year 2011, of which we where living at the address I had had a card from Capital one, but that was in the year 2004-2005. I don't remember owing this amount to Capital one. There has never been any paperwork? What on earth is going on?
I know not to let the bailiff in our home, and they can't posses the car, as it is from mobility. HELP PLEASE?

sourcrates

Hi,

There are many reasons why you didn't receive the court papers, could of been lost in the post for example.

The only thing you can do now, is apply to the court for a set aside motion.

This involves filling in court form N244, and returning it to the court, there is a fee of £255,00 for this unfortunately, but if you are on a low wage, you can apply for remission of the fee.

Details here :

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

Not receiving the original court papers is a good enough reason for set aside to be granted.

If successful, that will take you back to the pre-litigation stage.