CCJ was sent to old address???

cmb0147

hi all,

i recently sent for my credit report from Callcredit & Equifax and discovered that in August 2016 a debt collection agency had placed a CCJ against me. the debt was originally an old credit card which was sold to DCA

however i had left that address where the CCJ were sent in May 2015 and moved to a new address and never known about the CCJ in order to go to court to defend it.

i dont dispute the debt but want to set the CCJ aside..(i know theres a £255 fee)

I recently emailed the court (Northampton) and the responded with the details of the case and further advice should i wish to clear it. I have responded that i wish to appeal it and will send the application as soon as i can get the fees.

Can someone PLEASE advice on how to go about this???? i.e. documents required for proof, any statement to help with this application. And do I have a chance to set the CCJ aside????

I will also state that I am prepared to make an arrangement with the claimant in order to clear the debt.

thanks for reading......any help/advice appreciated

[Deleted User]

Did you inform the CC compny you moved?

If not then you didn’t (and also don’t have proof) then you don’t have the grounds for a set-aside.

Also you’re either requesting a set-aside or a payment arrangement - not both.

cmb0147

I did not tell debt collection agency that i had moved address and only knew of the CCJ when I checked my credit file. I would not have received it as the CCJ papers went to an old address more than a year later and i would not have known about it.

is there any other options i can pursue???

cmb0147

I would request a set aside order from courts but i will contact DCA seperately to clear the amount soon after so they dont place a judgement again

PixelPound

cmb0147 wrote: »

I would request a set aside order from courts but i will contact DCA seperately to clear the amount soon after so they dont place a judgement again

The DCA will be informed about the set aside, new address details will be on that and if the DCA want to go for another judgement they would need to get a claims form issued to the new address. However they are more likely to try and get an agreement before blindly issuing a new claims form.

However it could well be a gamble for the set aside. If the OP did not inform either the credit card company or the DCA of the address move, a judge most likely will throw out the set aside as court papers will have been correctly served to the last known address as clearly stated in the civil procedure rules. The OP would need to show that the CC co or the DCA were informed of the new address before judgement went through - simply having proof that they were at the new address isn't enough, the onus is on the debtor not the creditor to keep address contact details up to date.

cmb0147

thanks for advice guys.

i might just be better off paying off the ccj and leaving it on my record as 'set aside' option may not go well.
however does a ccj which has been paid off and one that remains on your file improve any chances of credit in the future???

boo_star

cmb0147 wrote: »

thanks for advice guys.

i might just be better off paying off the ccj and leaving it on my record as 'set aside' option may not go well.
however does a ccj which has been paid off and one that remains on your file improve any chances of credit in the future???

If you don't dispute the debt and you didn't inform the creditor of your change of address your chances of getting the judgement set aside are practically zero.

You may have a chance if you can show that if you had been made aware of the pending court action you could pay the debt off in full but even that has a low likelihood of success.

A satisfied CCJ is preferable to one that isn't, but in reality it's likely to bar you from prime lenders until it drops off regardless.

[Deleted User]

If you didn’t inform the CC company when you moved then you have no grounds for a set aside

cmb0147

the credit card company had already sold on the debt by the time i had moved address

[Deleted User]

You should have still contacted them.

They could have informed you it was sold on

Thrugelmir

cmb0147 wrote: »

the credit card company had already sold on the debt by the time i had moved address

You knew of the existance of the debt and made no attempt to settle. In essence walked away. The problem is therefore yours, not the company pursuing the debt. Only now when you are seeking further finance some years later, Is it a problem for you.

The money, £255, would be better spent going towards settling the debt. The sooner it's cleared. The quicker your credit history gets cleared.

Chalk it up to experience. Learn from it. Time heals as they say.