Name change and CCJ

reason2

i am really hoping someone has some advice here.

I recently discovered 4 CCJ's had been placed on my credit file, in a previous name from 3 addresses ago.

Now i remember receiving the claim pack to which i replied stating my name change etc, my claim was rejected as i was not the defendant (i am)

i contacted the solicitors who said they would deal with it.
I never heard from them again even after follow up emails.

I have since sent a N244 claim to the courts who also rejected it due to it not being in my name, even though i sent supporting information to them stating i changed my name by deed poll.

They also say that there is a £255 per form fee over £1000 to set them aside whilst i deal with them.

The evidence they have asked for to support a help with fees claim is so limited that it wont tell a full story. I believe they will reject my help claim but i can assure you i cant afford 1k in fees for something i have tried but not been allowed to deal with.

i still dont know who the money is owed to, what it is for or why it has been corresponded to in 3 addresses ago when they had my up to date details.

any ideas how i can deal with this?

National_Debtline

Hi there,


This is something that you may wish to get some legal advice on. Unfortunately, claim forms only have to be sent to the last known UK address, so if you had moved and not told them that could be why you missed the paperwork. Likewise if you changed your name and they were not updated, the claim would be sent to the details that they had.


The reason I suggest legal advice is because I am not sure if the error in name (and missing the forms) alone, would be grounds enough for a set aside (as you are still the liable person, despite the name change). And if your application is unsuccessful you could incur more costs from the other side. A set aside takes the judgement back to the beginning and the court will normally consider why didn't you respond to the original forms, have you applied for this promptly and do you have realistic grounds for a defence.

One thing you have mentioned is that you may have a dispute on the debts as you are unsure what most of them are even for. This may be worth investigating before having to spend so much money to try and set aside all of these judgements.


Laura
@natdebtline

sourcrates

I would not bother forking out over 1k on set aside fee`s which will most likely fail anyway.

You do actually have, a perfect defense if johnny bailiff comes a calling, you are not the named debtor, and you dont live at the address they have on file for you.

Unless you have a pressing reason why you need to have the CCJ`s off your file, i would just let sleeping dogs lie, the only enforcement action they can currently take against you is an attachment of earnings order if you are working.

A quick phone call to the court will obtain the details of the companies who took you to court, obviously you would quote your old name and address details to them.

fatbelly

sourcrates wrote: »

A quick phone call to the court will obtain the details of the companies who took you to court, obviously you would quote your old name and address details to them.

Ask them to send you the particulars of claim.

4 ccjs is very unusual so I wonder what is going on here.

Maybe post again when you have the full picture, and tell us amounts owing and any other debts

reason2

sourcrates wrote: »

Unless you have a pressing reason why you need to have the CCJ`s off your file, i would just let sleeping dogs lie

I'd rather have them removed and pay them so they dont sit on my file for 6 years.
If i pay them whilst on there it will still have a negative impact for 6 years!

in total the 4 come to £1100 so if i pay to set them aside (if they let me) which i hope they would since i have responded to every communication and it has been rejected due to not reading the deed poll and the fact i have changed my name which was outlined in every response, i could be paying double.. but i dont want 4 CCJ's for 6 years.

StopIt

reason2 wrote: »

I'd rather have them removed and pay them so they dont sit on my file for 6 years.
If i pay them whilst on there it will still have a negative impact for 6 years!

in total the 4 come to £1100 so if i pay to set them aside (if they let me) which i hope they would since i have responded to every communication and it has been rejected due to not reading the deed poll and the fact i have changed my name which was outlined in every response, i could be paying double.. but i dont want 4 CCJ's for 6 years.

What were the CCJs for?


What is your defence for these CCJs?


These are important because even if you get them set aside, if the people who sought them in the first place still have a valid claim to the money owed, they'll just get another set of CCJs and you'll be back to square one and face another 6 years of them on your files.


Who are rejecting your communications? The courts or the creditors?

reason2

StopIt wrote: »

Who are rejecting your communications? The courts or the creditors?

The courts, the rejected my defence pack and my N244 because it was issued in my old name and i completed them in my new name (i changed my name 10 years ago)

in both packs they had a letter outlining the change and a copy of the deed poll.

the claimants had my up to date address but everything except the claim pack was sent to my old address.

I communicated with the solicitors and the courts and told them this but all rejected due to my name change, im fine to pay them but id rather just pay them without the CCJ.

StopIt

reason2 wrote: »

The courts, the rejected my defence pack and my N244 because it was issued in my old name and i completed them in my new name (i changed my name 10 years ago)

in both packs they had a letter outlining the change and a copy of the deed poll.

the claimants had my up to date address but everything except the claim pack was sent to my old address.

I communicated with the solicitors and the courts and told them this but all rejected due to my name change, im fine to pay them but id rather just pay them without the CCJ.

Rubbish service from the courts aside (Certainly send a complaint about that!, what defence have you got that would justify a set-Aside?


As harsh as it sounds, just the naming issue wont be enough. You have to have a potential reason to defend the claim in order for a set aside to be considered, as they wont set aside a claim that is deemed to be valid.


You say you're ok paying, but don't want the CCJs. Why would the claimants waive their rights to enforce the judgment in that case. You're asking them to accept less rights to reclaim money you owe. Again, not being harsh, but this is what you need to convince your creditors if you're going to keep these CCJs away, set-aside or not.

reason2

StopIt wrote: »

Rubbish service from the courts aside (Certainly send a complaint about that!, what defence have you got that would justify a set-Aside?


As harsh as it sounds, just the naming issue wont be enough. You have to have a potential reason to defend the claim in order for a set aside to be considered, as they wont set aside a claim that is deemed to be valid.


You say you're ok paying, but don't want the CCJs. Why would the claimants waive their rights to enforce the judgment in that case. You're asking them to accept less rights to reclaim money you owe. Again, not being harsh, but this is what you need to convince your creditors if you're going to keep these CCJs away, set-aside or not.

Aside from rejecting the defence pack even though i did respond and thus had the judgement issued by default. It seems logical they would set it aside knowing the creditor had my up to date details but sent all information pre claim form and post claim form to the address from the original account years earlier. Even the CCJ's bar one have been registered to older addresses, yet the one from 6 years ago is in my old name at my new address even though the paperwork went to old addresses and my name change was a decade ago.

Arleen

reason2 wrote: »

Aside from rejecting the defence pack even though i did respond and thus had the judgement issued by default. It seems logical they would set it aside knowing the creditor had my up to date details but sent all information pre claim form and post claim form to the address from the original account years earlier. Even the CCJ's bar one have been registered to older addresses, yet the one from 6 years ago is in my old name at my new address even though the paperwork went to old addresses and my name change was a decade ago.

Ignore the name issue for now, if it got to a hearing - what would be your defence? If it's not sufficient, then applying for a set aside is a waste of money. And using the wrong name is not good enough for a defence.

The address may be a valid defence, but how do you know they had your new address? Did you provide it to them through appropriate channels? Can you prove that you've followed the correct procedure to update them with up to date address?

reason2

Arleen wrote: »

Ignore the name issue for now, if it got to a hearing - what would be your defence? If it's not sufficient, then applying for a set aside is a waste of money. And using the wrong name is not good enough for a defence.

The address may be a valid defence, but how do you know they had your new address? Did you provide it to them through appropriate channels? Can you prove that you've followed the correct procedure to update them with up to date address?

I provided all creditors a change of address via email.

The claim form issued to me was at my new address, all letters pre claim form and post claim form where to old addresses.
My argument was had these other letters reached me at the correct address i would have simply paid the amount.

this was only rejected as i responded in my legal name rather than my decade old name hence the name change became an issue