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CCJ's appeared with no letter first

my husband ran up quite a bit of debt and consequently landed 4 defaults and a CCJ. This was a couple of years ago and he has been on payment plans with each one.

We checked his credit report over the weekend for the first time in a while and there are 2 more CCJ's that have appeared which we know nothing about. He has not had a letter regarding this or anything from the court!?

One was issued in April and one way in August. Both for small amounts (£359 and £185).

It's quite gutting as have been working at paying the other things off with the hope of being able to remortgage and get a better rate, sooner rather than later and now these 2 CCJ's are going to put us right back at the beginning of the 6 years.

It just says issued by Northampton County Court and by The Registry Trust Ltd.

Any advice what to do please?
tackling credit card debt starting Feb 2020
HSBC £3400 £3251
Santander £4400 £4188
Fluid £650 £330

Emergency fund £580/£1000

Comments

  • Just_Di
    Just_Di Posts: 385 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    edited 18 September 2018 at 1:09PM
    Are these two CCJs registered at your current address or a previous (possibly linked) address?

    If the court is Northampton County Court then these are likely to be Default Judgments because no Acknowledgment of Service was filed by the court deadline.

    After the CCJ the court would have sent you the Order (CCJ) about seven working days later, so did you not received that either?

    Di
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi jagger86


    The most likely reason that the CCJs have appeared out of the blue is the claimant has sent court papers to a previous address. This may have happened if your husband moved and did not inform all of his debts.


    Next step is to contact Northampton County Court and ask them for the particulars of the claim. This will tell your husband what the debt is, how much it is for and who made the claim against him.


    You can let us know when you have found out more. If there are grounds to dispute that your husband owes the debt he may be able to have the CCJs set aside, otherwise he can apply to set up an affordable payment plan.


    Best wishes


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Just_Di wrote: »
    Are these two CCJs registered at your current address or a previous (possibly linked) address?

    If the court is Northampton County Court then these are likely to be Default Judgments because no Acknowledgment of Service was filed by the court deadline.

    After the CCJ the court would have sent you the Order (CCJ) about seven working days later, so did you not received that either?

    Di

    No we haven't received anything at this address and I open all the post as I am so paranoid about missing anything like this as we are still trying to get out the mess it caused.

    Sorry for late reply I lost my login details!
    tackling credit card debt starting Feb 2020
    HSBC £3400 £3251
    Santander £4400 £4188
    Fluid £650 £330

    Emergency fund £580/£1000
  • Hi jagger86


    The most likely reason that the CCJs have appeared out of the blue is the claimant has sent court papers to a previous address. This may have happened if your husband moved and did not inform all of his debts.


    Next step is to contact Northampton County Court and ask them for the particulars of the claim. This will tell your husband what the debt is, how much it is for and who made the claim against him.


    You can let us know when you have found out more. If there are grounds to dispute that your husband owes the debt he may be able to have the CCJs set aside, otherwise he can apply to set up an affordable payment plan.


    Best wishes


    Susie
    @natdebtline

    Thank you for reply, sorry I lost my log in details and only just got back in.

    Will ring the court tomorrow, however normally don't you get 30 days to pay the CCJ so it doesn't go on your file. We weren't given this option as never received a letter about anything so where would we stand with that!?

    Thanks
    tackling credit card debt starting Feb 2020
    HSBC £3400 £3251
    Santander £4400 £4188
    Fluid £650 £330

    Emergency fund £580/£1000
  • sourcrates
    sourcrates Posts: 30,221 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    jagger86 wrote: »
    Thank you for reply, sorry I lost my log in details and only just got back in.

    Will ring the court tomorrow, however normally don't you get 30 days to pay the CCJ so it doesn't go on your file. We weren't given this option as never received a letter about anything so where would we stand with that!?

    Thanks


    Have you moved recently ?


    This happens usually as the creditor sends court papers to the last known address they have on file for the debtor, if people move, and don`t update their address details, this is what can happen, judgement by default.


    A set aside is your only other option now, but you need to have a defense with a good prospect of success in order to apply, each application costs £255.00 (although remission may be available on the fee).


    For the amounts involved, your choices are very limited i`m afraid.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Have you moved house within the past 2/3 years? They are usually sent to the address that the creditor has for you, so if your other half hasn't contacted them to update your address you won't have received anything (it would have gone to your last address).
  • Sorry, cross post with Sourcrates.
  • Just_Di
    Just_Di Posts: 385 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    jagger86 wrote: »
    checked his credit report over the weekend for the first time in a while and there are 2 more CCJ's that have appeared which we know nothing about.


    When you checked his credit report were the CCJs registered under your current address or another address?

    This is the crux of the matter.

    If the claim was served on an address where he wasn't living then a set-aside should be mandatory under CPR 13.2. If that is the case then it's sometimes possible to get the Judgment Creditor (i.e. the Claimant) to consent to a set-aside which you file at court (Consent Order) without the need to make any Application..

    I don't know enough about your particular situation to suggest anything definite at this stage. I can only speculate :)

    Those CCJs will remain on the CRA file for six years so if your aim is to clean up your file in order to obtain a mortgage then it may be worth the investment of a set aside application. It may not.

    Di
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