CCJ through PRA Group - 2011 Debt

Mollycogs1

Hope you can help


I've just had a facebook message from an old flat mate with a picture of a letter 'Notice of visit by the Bailiff from Barnet County Court' for a debt from Pra Group. She owns the property and I lived there for a few months in 2010/2011 before I emigrated in April 2011

I think its for an overdraft from Barclays, an account I haven't touched since I left and nothing is on my credit report. It must have gone to PRA Group and its gone to a CCJ?

What should be my next step? Contact Barnet Court or Contact PRA Group? Really don't know what to do next and feeling really scared about it as don't have the money to pay

Many thanks

twhitehousescat

you need more help , bailiffs online , herbie , posts on here , you also need to find the date that the ccj was issued , 6 yrs in england /wales

sourcrates

Originally posted by : WhenIam64
Today, 7:09 AM MoneySaving Stalwart

Join Date: Feb 2018
Posts: 317
Whats this?

Thanked 154 Times in 113 Posts



Question by Mollycogs1 :


What should be my next step ? Thanks so much in advance.


Sounds as if they have sent a claim and its gone to a CCJ. Default CCJ's usually go through Northampton (one of the two bulk centres). If you phone MoneyclaimOnline (Northampton) and give them your details (address etc) then they should be able to confirm if a claim was served on you at the old address.

The letters referred to at #4 above where you were asked for identity looks like it was to confirm the last known address to serve papers. The rules for service are clear and you were given the opportunity to confirm your address.

If there is a CCJ (was it statute barred?), you could apply for a set-aside but you may run up against the argument of we asked for a new address but didn't get one. That means the chances of getting any set-aside fee (£255) returned is slim to none.

Quote:
The Money Claim Online Helpdesk can be contacted on 0300 123 1057 / 01604 619402. It does experience a high volume of calls so you may wish to consider emailing your query to [EMAIL="ccbc@hmcts.gsi.gov.uk"]ccbc@hmcts.gsi.gov.uk[/EMAIL].

Eminowa

Just out of curiosity, how do people get a ccj on their name, when the court don't have your DOB. Because some people get ccj judgement on their name through a parking company when they don't reply to the court letter

sourcrates

Eminowa wrote: »

Just out of curiosity, how do people get a ccj on their name, when the court don't have your DOB. Because some people get ccj judgement on their name through a parking company when they don't reply to the court letter

It’s called judgement by default.

If you are taken to court, you must respond to the court papers, if you don’t, a CCJ is the result.

Some companies deliberately use old address information in order to obtain judgement in this way.

Eminowa

sourcrates wrote: »

It’s called judgement by default.

If you are taken to court, you must respond to the court papers, if you don’t, a CCJ is the result.

Some companies deliberately use old address information in order to obtain judgement in this way.

i totally agree with you, but what i don't get is this. For illustration purpose i will use this example. lets say my name is james turner, and a parking company says i own them money on outstanding parking fines, and they take me to court using my old address. remember this parking company only got my address from DVLA, they didn,t get my Date of Birth before of data protection, . now the question is, when a default CCJ is now been issued against me James Turner. how does this affect me, when obviously, i am not the only one bearing James turner in the whole of the uk. so how does this CCJ get tagged to me. how is the trace to me. without me giving this parking company or the court my date of birth.?

sourcrates

Eminowa wrote: »

i totally agree with you, but what i don't get is this. For illustration purpose i will use this example. lets say my name is james turner, and a parking company says i own them money on outstanding parking fines, and they take me to court using my old address. remember this parking company only got my address from DVLA, they didn,t get my Date of Birth before of data protection, . now the question is, when a default CCJ is now been issued against me James Turner. how does this affect me, when obviously, i am not the only one bearing James turner in the whole of the uk. so how does this CCJ get tagged to me. how is the trace to me. without me giving this parking company or the court my date of birth.?

This James turner will most likely be the registered keeper of the vehicle.

A court can only go on the information provided to it

If it’s not you, the time to defend the case is when papers are received, if they went to an old address, then there may be the option of set aside.

This far from perfect system is what we are stuck with unfortunately.

The Government are looking to change this system, but no response has yet been forthcoming due to possible other business they are currently debating.