CCj but DCA still want paying? confused

Dadda5000

Hi,


Ive finally come to an agreement with Mortimer Clarke on a Payment Plan for a 10 year old debt they have been chasing me for.


Im confused though as a CCJ was issued (to my old address) last year.
I sent the CC a letter asking for details of this CCJ as i have never seen it. They just responded with a letter on how to Set Aside. I still havent seen this CCJ.


My query is, I was under the impression that once a CCJ is issued then i only need to pay the Court and not the DCA. Mortimer Clarke are still chasing me for payment, If i do clear the debt with Cabot/Mortimer, what happens to the CCJ, does it get closed down?


Advice would be much appreciated and im not having much luck getting answers from the CC and DCA.


Thanks

sourcrates

Hi,


You appear to be a little unsure on what a CCJ is, or how they effect you.
CCJ refers to a "county court judgement" obviously granted by default as you failed to respond to the court papers due to incorrect address issues.


You pay the creditor, not the court, the judgement should show on your credit file.


Ring the court to check there actually is a CCJ, as creditors have been know to, lets say, exaggerate there position in the past.


If it is genuine, it will stay on your file for 6 years from date of judgement, then drop off your file, if repaid within 6 years, it will show as satisfied.

Just_Di

Dadda5000 wrote: »

a CCJ was issued (to my old address) last year.
I sent the CC a letter asking for details of this CCJ as i have never seen it. They just responded with a letter on how to Set Aside.

I'm glad Mortimer Clarke told you that you should get the CCJ set-aside because that's exactly what you should be considering right now since you say the claim was served on an address where you weren't living at the time.

Did Mortimer Clarke also tell you that they can consent to a set-aside Order (rubber stamped by the court) if they admit that they were at fault of the incorrect service? That way you wouldn't have to go to court to prove your point.

Maybe they didn't.

Can you give a little more detail such as the amount of the CCJ, the Claimant (Cabot perhaps?), the original creditor and the debt (i.e. credit card, loan, overdraft etc)?

Setting aside a Default Judgment (CCJ) due to incorrect service is mandatory under CPR 13.2. If you have likely prospects of successfully defending the claim if you were to be given the opportunity then that would add weight to any application you have to make.

Di

System

Dadda5000 wrote: »

My query is, I was under the impression that once a CCJ is issued then i only need to pay the Court and not the DCA. Mortimer Clarke are still chasing me for payment, If i do clear the debt with Cabot/Mortimer, what happens to the CCJ, does it get closed down?

You pay who you owe, not the court. A CCJ is a court ruling that you owe the money and getting a CCJ against you allows the creditor to take further action to recover the money in the future such as applying for a warrant of execution to seize goods/property.

If you clear the CCJ the CCJ still remains on your credit file for 6 years. The only way to clear a CCJ is to repay it within a month of the award and have the creditor write to the court to confirm the debt has been repaid.

In regards to the set aside and things being sent to your last address, a creditor is only required to contact you and serve notice at the last known address they have on file for you. If you had not updated your address with them prior to the date the CCJ was awarded they did nothing wrong serving notice at your old address.

Just_Di

Tarambor wrote: »

In regards to the set aside and things being sent to your last address, a creditor is only required to contact you and serve notice at the last known address they have on file for you. If you had not updated your address with them prior to the date the CCJ was awarded they did nothing wrong serving notice at your old address.

That's not always the case

A Claimant has to carry out due diligence before issuing their claim. Especially in the case of old debts which have been inactive for some time.

'Last Known Address' isn't always enough to defeat a set aside Application.

If the Defendant can evidence that they were 'visible' elsewhere such as on the Electoral Roll or linked addresses on their CRA file then they may succeed with their Application.

In a recent case the Defendant was able to provide photographs of a pile of rubble (literally) which was their previous home (and Last Known Address) before Council demolition. Their set-aside Application was understandably successful.

Each case is different, but 'Last Known Address' is not a hard and fast rule.

Di