CCJ notice sent to wrong address.

Arleen

superfen1983 wrote: »

My credit report has nothing to do with it.
I have, nor do I require any credit. My houses are paid off in full. I have no need for loans or mortgages.


I want to pay the money because it is owed. Similarly, I want the CCJ set aside because I believe it is not warranted given the circumstances.

Anyway, I assume you are having a bad day. You are less than helpful.
I will leave you be. Very brave and soon to judge behind your keyboard.
Have a great day.

They acted exactly as they are supposed to act given that you were not making agreed payments (otherwise it would not go to collection). So was the agreement for lower payments you were paying actually agreed by the lender? If it was, and you kept to it and yet they have went for a CCJ then indeed you may have a case for set aside.

But... why would they do that if they were receiving the agreed payments?

Additionally, as you don't care about your credit file and want to repay the money, why at all bother with set aside and spend 255 quid to try to get it? More so if/when set aside application will fail you will be responsible for the opposite fees legal costs and that may well be in thousands of pounds.

superfen1983

Arleen wrote: »

They acted exactly as they are supposed to act given that you were not making agreed payments (otherwise it would not go to collection). So was the agreement for lower payments you were paying actually agreed by the lender? If it was, and you kept to it and yet they have went for a CCJ then indeed you may have a case for set aside.

But... why would they do that if they were receiving the agreed payments?

Additionally, as you don't care about your credit file and want to repay the money, why at all bother with set aside and spend 255 quid to try to get it? More so if/when set aside application will fail you will be responsible for the opposite fees legal costs and that may well be in thousands of pounds.

If the lender consents there will be no £255 fee required and no requirement for submission of N244 forms.


If the claimant consents then both parties sign the consent order. I pay court fee of £100. Hopefully end of story.


Only if the lender does not consent will I have to go down the road of N244 and £255.

Arleen

superfen1983 wrote: »

If the lender consents there will be no £255 fee required and no requirement for submission of N244 forms.


If the claimant consents then both parties sign the consent order. I pay court fee of £100. Hopefully end of story.


Only if the lender does not consent will I have to go down the road of N244 and £255.

You have skipped over some important questions there, quite material to the problem. And since you are not willing to offer facts of what happened we can't help you.

GM1880

superfen1983 wrote: »

If the lender consents there will be no £255 fee required and no requirement for submission of N244 forms.


If the claimant consents then both parties sign the consent order. I pay court fee of £100. Hopefully end of story.


Only if the lender does not consent will I have to go down the road of N244 and £255.

I don't think that is the case, even if the creditor consents (which I suspect may be unlikely) you still need to apply to the court. My understanding is that you apply as you would without consent, but the creditor signs the form to confirm they're consenting. Aside from that, I think the process is the same, so the fee is still payable.

PixelPound

superfen1983 wrote: »

I informed the creditor I was leaving the country.....
I agreed a lesser monthly fee which I was honouring....
I could not provide a forwarding address as I worked and lived in various Iron mines in the Western Australian outback.
I didn't receive default notices.
I return home to find I have CCJ.
These are the facts.

I do not want anything shady. Get off your horse.

Why did you get a default & CCJ if you were honouring an agreed amount, or had this stopped? You have a limited time for the set aside since you have to do it within a reasonable time of finding out about the CCJ. Contact the creditor with your offer, but be mindful of how long you wait - the court won't take kindly if you wait months after finding out about it whilst you chat on forums for advice. You also need to have a good reason for set aside, the fact that you told creditors you were going abroad isn't really one, though if you were keeping to an agreed amount that is (unless payments stopped e.g. due to expired card). The fact that you were unable to give them a correspondence address is not a reason.

You may think that offering to pay a creditor £9K when you are not paying anything will make them jump through hoops. They may agree but don't be surprised if they don't (they could be dealing with debts in £millions) - there is a CCJ and that doesn't expire, you could have been abroad for a decade and once they find you are back in the UK, start asking for payments under the CCJ and threaten enforcement (they may need to go back to the court due to the time lapsed, but if they show periodic attempts to try and collect and the fact you were abroad all the time, they wouldn't have a problem).

ludds123

So in 5 years you've gone from not being able to repay a large credit card debt to being debt free and own property outright. Hmm.