CCJ notice sent to wrong address.

superfen1983

Upon checking my credit file a few weeks back I see I have 2 x CCJs totalling £9k.
I moved abroad in 2011 and upon my return in 2014 I moved in to a new address in the UK.
Therefore I did not receive the default notice(s) from lender or County Court.
If I speak to the lenders directly and offer to pay the debt immediately in full as well as completing N244 form to please the court will these CCJs be removed and set aside from my credit report as if there were never there in the first place?


Thanks
Fen

StopIt

You can only apply for a Set Aside if you have a defence to the CCJ as well as stating that you didn't defend it because you were not at the address the papers went to.


It is your responsibility to update your creditors with your addresses, so the act of not doing so will not get a set aside granted.


You can of course make the offer to your creditors to grant a set aside by consent but they do not have to do this as you're legally obliged to pay in any case. The set aside fee is £255 per CCJ. And yes, if they are granted the CCJs will be removed from your credit files.

GM1880

I'm in a similar position, though the fact you moved overseas is likely to muddy the water.

The creditor only has to send correspondence to your last known address, so if you didn't pass on your new address to the creditors it's unlikely the Judge would agree to set it aside. Plus, if the judge thinks it's being set aside by consent just to fix your credit record, then he may throw it out even if it's with consent of the creditor.

My situation is that the creditor did send the CCJ to the wrong address even though I can prove I had notified them of my current address, but even that's proving tough.

GM1880

StopIt wrote: »

You can only apply for a Set Aside if you have a defence to the CCJ as well as stating that you didn't defend it because you were not at the address the papers went to.

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This is a part of the legalities which I find a little odd.

In my case, I can prove the creditor should have had my current address. If they then send the documents to where I could get them I could have paid off the debt there and then to avoid the CCJ being on my credit file and essentially putting my life on hold (appreciate that's a little dramatic). But, because they didn't, either through the fault of the original creditor not passing on my correct, current address (which they had) or the DCA using the wrong address, I was unable to avoid the CCJ.

System

superfen1983 wrote: »

Upon checking my credit file a few weeks back I see I have 2 x CCJs totalling £9k.
I moved abroad in 2011 and upon my return in 2014 I moved in to a new address in the UK.
Therefore I did not receive the default notice(s) from lender or County Court.
If I speak to the lenders directly and offer to pay the debt immediately in full as well as completing N244 form to please the court will these CCJs be removed and set aside from my credit report as if there were never there in the first place?

Nope. As has been said unless you kept your creditors up to date with your addresses you have no defence. They only have to serve papers at the address they have for you on file. They are not required to go hunting for you.

Given they were for £9,000 in total it would be hard to argue that you didn't know about that level of debt. A £30 final bill from a mobile phone company is understandable but leaving the country with £9k of debt and not informing creditors of your move would be seen as trying to escape paying them.

superfen1983

Thanks for this. I reckon that before I go down the road of sending in N244 forms I will contact the lender direct to ask if they will set aside the CCJ by consent if the payment is made immediately in full.

GM1880

Who's the creditor out of interest, I've had no luck with this approach,

Samsung_Note2

superfen1983 wrote: »

Thanks for this. I reckon that before I go down the road of sending in N244 forms I will contact the lender direct to ask if they will set aside the CCJ by consent if the payment is made immediately in full.

You could try the "If i pay in full will you be helpful in return and do XYZ" and if that fails then id be along the lines of "Oh dear thats a shame,so shall we say i pay £100 a month".

Some will say its wrong but why make life easy for them if they wont do the same for you.

nic_c

Most creditors won't agree to it, why should they there is a CCJ they can enforce. Also if you informed them of a non UK correspondence address they may have left it as your previous address as its hard to enforce debt internationally.

LadyDee

It begs the question, if you knew you had debts why didn't you settle them before you left the country?

superfen1983

GM1880 wrote: »

Who's the creditor out of interest, I've had no luck with this approach,

Creditor is Barclaycard