Unexpected ccj

Just_Di

Willing2Learn wrote: »

sending the CCJ paperwork to an old address does not necessarily mean that there can't be a successful set aside.

That's correct

If the Defendant can demonstrate that the Judgment Creditor (the Claimant) could have known that they were living elsewhere if they had carried out due diligence then there's every chance of a set-aside Application being successful, especially if the Defendant has likely prospects of successfully defending/contesting the original claim if they were to be given the opportunity.

The CRA file is useful because it may show other live accounts at the new address, Linked Addresses section, Searches (by the Claimant), Electroal Roll information. etc. All available for the debt owner to see.

A set aside Application should be accompanied by a Draft Defence to give the DJ a flavour of what might happen if the CCJ were to be set aside so the original claim is tried in court. This particularly helps if the DJ is sitting on the fence over the set aside. That's when "in the interests of justice" can be relevant.

It's a sweeping statement to say 'last known address' is sufficient because it's decided on a case by case basis based on the evidence produced.

In one case the Defendant was able to produce photographs of a pile of rubble and a bulldozer evidencing that the block of flats had been demolished so how could they have received the claim! A dated tenancy agreement for their new home was also evidence.

In another case Visa stamps in a passport proved that they were living/working abroad at the time.

If a person believes that an account may no longer be 'live' then they can't be expected to give a change of address if there's nothing more to discuss. Perhaps because they genuinely thought it had been paid in full (e.g. mobile phone contracts cancelled prematurely), or interest/charges had been calculated and added to an account after they'd moved, or they hadn't heard from the account owner for years.

In so many cases a debt may have fallen silent for 5 years and it's only when the debt purchaser runs a software programme (to predict Statute Barred potential) that they issue a claim to beat the deadline without carrying out checks. If the debtor sent a Change of Address to the debt owner then they will have scuppered their SB legal argument by acknowledging the debt in writing.

And yes there are many times when a debt purchaser will issue and serve a claim on an old address despite having written to the debtor at their new address. This is not me being cynical, it's what I see happening!

Di

brianfaescotland

thanks for all replies I found out what it was and I wasn't the guarantor but they had a ccj claiming I was I have since spoke to the uni accom place and their solicitors who have assured me that this will be cancelled and no adverse effects on my rating which I doubt as already on there. but thanks I hope this resolved or soon

[Deleted User]

I don’t think the DCA can “cancel” the CCJ.

brianfaescotland

We will confirm the position with our contact at Liberty Living and if you are correct we will take steps to remove the Judgment against you
this is part of message and have also spoken to them they said they will get in touch with court

brianfaescotland

so update got letter from their solicitor stating they have applied to court for ccj to be removed on grounds not meant for me or words to that effect, but latest credit file check is that score has went down 252 points. and reading up it says that it can still remain on cf even if not mine but just saying settled but surely this will still effect score and why show at all if not meant in first place. I have contacted the company and their solicitors as the costs to try sort this will mount up and feel its their fault and having just settled could look to others that I was due the debt in first place which is not the case. and to answer earlier question about updating er yes when moved done electronically with local council and company involved had phone and email for me but no contact from them or their solicitors so now wondering if I can take them to small claims court to cover costs etc and somehow get something more substantial on credit file pointing out no debt

[Deleted User]

Ignore the score. It will probably drop again when the CCJ comes off. It’s not a real number lenders see or use.

If the CCJ is not meant for you it should be removed completely

PixelPound

Things will take time, you can confirm with the court whether the CCJ has been removed and then just wait for that to update on the credit files