Set aside CCJ sent to my old address

MC36835

Hi all

I've read up on a few cases on here regarding the setting aside of CCJ's. I just wanted to post my situation and ask for some help.

My situation is that I have lived in my current address since October 2017. Before that I lived at a different flat in the same building which is on a different floor. On Sunday I opened a letter that was left in the lobby area where the post boxes are with a number of other letters. The letter was addressed to me at my old address notifying me that a CCJ had been ruled against me at Northampton Business court on July 10th. This was the first I has knew about this and had not received any other correspondence. Upon reading this last Sunday (12th August), I immediately paid it off. The debt was for a small sum on an old store card which was opened in 2011, lost and I had forgotten about it.

I have just since learned that if I had come across this 2 days earlier and paid it off I would have been within the month period after the setting of the CCJ and could have had it removed. As I did not receive any correspondence or a court summons, I believe I could have the judgement set aside as I could not defend myself. I have proof of the fact I have lived at my current address since October last year from my tenancy contract and numerous bills such as council tax, internet etc.

I have started to fill in the n2444 form as well as my witness statement and deraft order which I will post below. I just have the following questions.

1. Do I have grounds for a set aside motion?
2. Any advise on my witness statement or draft order?
3. How do I pay the £255 court fee? Does it have to be a cheque as I cannot find any info on this?
4. Do I have to send anything with the n244 form, witness statement and draft order? For instance should I enclose evidence of my address or do I just take that to a hearing?

I hope you guys can advise me. I have no other debt, and had a very good credit rating which has now been totally wrecked by this CCJ.

MC36835

Witness statement

I am xxxxxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated 13th August 2018 to:
· Set aside the Default Judgement dated 10th July 2018 as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee.

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on 10th July 2018. However, this claim form was not been served at my current address and therefore, I was not aware of the Default Judgement. I understand that this Judgement was served at an old address (Flat xxxxxxxxxxxx). However, I moved to a new address (Flat xxxxxxxx) back in October 2017. The default judgement only came to light after a letter was left in the lobby area of my apartment building by the tenant of flat xxxxx. That letter from Lowell solicitors, dated 27th July 2018 informed me that a County Court Judgement had been issued against me and my account was in arrears.
1.2. At the time of the County Court Judgement, I was on the electoral roll at my new address, and was registered at the new address for council tax, all bills, banking and my driving license. As Lowell Solicitors had received no correspondence from me at any point and I had not responded to the court summons, I believe they had reasonable cause to question whether they were using an accurate address and that simple searches could have provided them with the correct address.
1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant!!!8217;s current and correct contact details. According to publicly available information my circumstances are far from being unique. The industry!!!8217;s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; !!!8220;better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.!!!8221; He added:
"It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address."
1.4. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant!!!8217;s current address when bringing the claim.
1.5. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant!!!8217;s claim.
1.6. Upon receiving the letter from Lowell Solicitors on Sunday 12th August 2018, I immediately paid off the outstanding debt in full on the same day. As the default judgement was issued on the 10th July 2018, I missed the opportunity to pay the debt within 30 days of the judgement by just 2 days. I believe the speed with which I have dealt with this matter highlights the fact that I would have paid the debt in full had I been aware of the judgement against me.
1.7. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.


Statement of Truth:
I believe that the facts stated in this Witness Statement are true.
Full name: xxxxxxxxx
Dated: 14/08/18
Signed:

National_Debtline

Hi there and welcome to MSE,


In order to challenge the judgement you would need to file something called a Set Aside application. This is an application that takes the judgment back to the beginning. The court will assess how long it has taken you to file this application (were you prompt), why you didn't respond to the original claim forms and do you have a realistic prospect of a defence.


County court 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. Also, the fact that this has now been paid may mean a set aside is no longer possible. However, you need legal advice.


This application is done using an N244 form which can cost £255. If you are on certain benefits or a low income you may be able to get that waivered with an EX160. I should also make you aware that if you are unsuccessful with this application the debt can increase through legal costs of the other side.


However, before you make this application please do ensure that you try and get some legal advice due to the risks outlined. You can try and find cheap or free legal advice from a Law Centre. Good luck,


Laura
@natdebtline

sourcrates

Hi,

Im afraid to say I would not bother with your set aside application.

It is a problem with the current court process, that letters before claim and claim forms, can be sent to the last known address for the debtor, if you have moved, and not updated your address with the creditor, then that is considered to be your own fault. (This is currently under review).

The circumstances you describe do not meet the criteria for a successful set aside unfortunately.

MC36835

Thank you Sourcrates. That was not the answer I was looking for unfortunately! I take it that it would not stand that I was unaware that a creditor was chasing this debt as I didn't receive any correspondence at my old address until after I left?

I completely agree that the debt no matter how small was mine and had been forgotten about. I just find it hard to take that this has happened without me having any knowledge that the court process had taken place. I also can't believe I found out 2 days short of the deadline!

sourcrates

MC36835 wrote: »

Thank you Sourcrates. That was not the answer I was looking for unfortunately! I take it that it would not stand that I was unaware that a creditor was chasing this debt as I didn't receive any correspondence at my old address until after I left?

I completely agree that the debt no matter how small was mine and had been forgotten about. I just find it hard to take that this has happened without me having any knowledge that the court process had taken place. I also can't believe I found out 2 days short of the deadline!

The judge would simply ask, did you notify the creditor of your new address ?

You would say no, most likely case dismissed.

You can try if you want too, but your £255,00 would probably be wasted.

MC36835

Thanks Sourcrates. I'm going to take some independent legal advice just to make sure. The court fee is not an issue so even if there is a slight chance of possibility of having the judgement set aside I am going to try. I appreciate your feedback however despite it not being the best news

sourcrates

MC36835 wrote: »

Thanks Sourcrates. I'm going to take some independent legal advice just to make sure. The court fee is not an issue so even if there is a slight chance of possibility of having the judgement set aside I am going to try. I appreciate your feedback however despite it not being the best news

Try legal beagles, link is in my signature.