Unexpected CCJ Help?

PixelPound

You were in a contract, you just may have been outside the minimum term, so there would have been 30 days rental plus any unbilled calls & charges. That is assuming you've not renewed your contract, e.g. upgraded in previous 24 months etc.

If they are saying judgement arrears, then it looks like the CCJ is past the 30 days as courts deem first payment due 1 month after judgement date.

You should always get confirmation in writing rather than assuming. CCJ's can be served to the last known address, so just saying you never knew because you never updated addresses is unlikely to work.

Thechimp

Nic-c hi yes I was several months past my upgrade so like you say I should have given 30 days notice, I shouldn!!!8217;t have taken the customer service rep at his word and I know that was naive, my issue is now trying to fix the situation as best as I can.

Energize

If the service was so bad then Orange would be deemed to have breached the contract in the first place and you shouldn't owe any money for leaving the contract early. Seems they are trying it on.

Thechimp

Energize Hi I suppose it!!!8217;s a question of proving anything now, I think as Gary suggested I will apply to have it set aside although I!!!8217;m not sure on what grounds

Finefoot

I think as Gary suggested I will apply to have it set aside although I!!!8217;m not sure on what grounds[/QUOTE]

I had terrible service (where I live) and decided to cancel my contract. My reason was they had not fulfilled their contractual obligations - ie there was no service at the address I told them I was going to be using it (I was using it for work).
The calls are also recorded, so I made reference to the date and time I was told there would be no problem with the coverage.
So really, they sold me something that would never work, I mentioned I was going to speak to trading standards to see where I stand.
The contract was cancelled by them, I returned the phone, and they sent me a free pay as you go simcard.

fatbelly

Check the background to this. Ask Lowell for the ccj reference and issuing court as this does not appear on oyur credit file.

It may be your debt and it's probably Northampton Court but you seem to be making assumptions here.

Then ask the court (I find email best) for a copy of the particulars of claim. You will then know for definite what this is and the timescale/history.

Set aside is an option if you:

have a defence with a real prospect of success
a reason why you did not defend the original claim
act promptly

There are details here

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

Any further problems - post on the debt free wannabee board

BoGoF

What date was the CCJ granted?

It will cost you £255 to apply for a set aside.

PixelPound

You have only just found out, so if you want to consider set aside then prompt action needs to be taken. Courts don't look kindly on you deciding after several months to try for set-aside. Find out the particulars of the claim from the court, if you haven't heard before it could have been issued to your former address.

You would need legal advice on chances of success, since little point in paying the fee if the court will simply throw it out.

Thechimp

BoGoF I have the number of the CCJ so I will try and find out more today

sourcrates

Although i can understand your reasons for the approach you took, i doubt a court would do the same.


You have made an awful lot of assumptions thus far, you should never take anything for granted until you have whats been agreed in writing.


I honestly do not think a set aside would be granted under these circumstances, and its a big gamble for £255.00.


I think its up to you if you want to proceed with this.