CCJ was sent to old address???

System

This could be seen as running from debt in the eyes of the cc company so they might hold you liable for negligence for not updating them of the new address

boo_star

Anthonym wrote: »

This could be seen as running from debt in the eyes of the cc company so they might hold you liable for negligence for not updating them of the new address

What?

Let's stick to what the law is, please.

fatbelly

Go for set aside with consent. The parking board do this a lot on private parking charges

thunderella

cmb0147 wrote: »

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

cmb0147 wrote: »

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???

I am not a lawyer. and MSE is not the place to seek legal advice.

But the reality is that unless you dispute the amount owed (you don't) then it will be difficult (but not impossible) to have the ccj set aside.

That is because the set aside does not cancel the judgement, but merely sets it aside until a formal hearing based on the evidence can decide the correct outcome. The complainant says you oiwe them the money; you do not dispute that fact.

The court may consider, after receiving your £255 application fee, that your application should be dismissed as it is without merit. To continue could simply be wasting the court's time.

It will be difficult, but not impossible to convince a judge otherwise,

An alternative a judge may consider is that you did not receive the papers. Unfoortunately as you did not provide the creditor with your new address, the court would likley to dismiss your application on this ground, if they have not already on the grounds given above.

As I said, do not rely upon this site for legal advice.
However, here is a link to a solicitors site that you may find informative on this topic
https://www.masonbullock.co.uk/should-you-apply-to-set-aside-judgment-or-just-pay-it/

thunderella

fatbelly wrote: »

Go for set aside with consent. The parking board do this a lot on private parking charges

What is the claimant’s incentive to agreeing to have the judgment set aside?

Getting their money immediately, rather than the defendant digging their heals in and wilfully disobeying a court judgement resulting in the claimant asking court bailiffs to obtain it for them (the fees for which will also then be suffered by the defendant) may be a possibilty. :cool:


Will the judgment definitely be set aside if the claimant consents to it?

Often, but by no means guaranteed. It still remains entirely at the discretion of the judge, who for the reasons I outlined in my previous post will, imho, likely view this as a complete waste of court time.


More information from a solicitors site here on set aside applications
https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/




It is not without merirt, that MSE Martin has stated on TV that some of the views posted on the parking board of this site are based on a somewhat militant approach.

[Deleted User]

thunderella wrote: »

More information from a solicitors site here on set aside applications
https://www.masonbullock.co.uk/can-a-default-judgment-be-set-aside-by-consent/

Or just pay £255 yourself rather than that plus £600-£2000 in solicitors fees :rotfl:

Thrugelmir

thunderella wrote: »

An alternative a judge may consider is that you did not receive the papers. Unfoortunately as you did not provide the creditor with your new address, the court would likley to dismiss your application on this ground, if they have not already on the grounds given above.

If the creditor has a structured system and procedure for debt collection. Then it will be accepted by the court that ever opportunity was afforded to the debtor to make payment for the debt owed. Court papers are not issued without prior correspondence. They are a last resort when there's been no response.

adomanim

You are aware of both debts?

Can you tell us the history of each account please.

Set aside applications have to be made as soon as possible and if you have not informed your creditors of changes of address it will complicate any application to set aside the judgements.

sourcrates

adomanim wrote: »

You are aware of both debts?

Can you tell us the history of each account please.

Set aside applications have to be made as soon as possible and if you have not informed your creditors of changes of address it will complicate any application to set aside the judgements.

Thread is 14 months old.