Ccjs

Scarecrow58

I have received 2 ccj for the same debt, one in April 2008 with hfc as creditors, and another in December 2014 with lowells debt recovery as creditors. Not knowing I had the initial can I started paying the 2nd ccj, now, having had to go through my finances I discovered my 1st ccj for the same debt and was hoping for some advice on my future actions as I have put my payments on hold temporarily. I never received any paperwork as they were always sent to previous addresses so I never got to defend my case and I would just like to know if I can stop these payments permanently and even reclaim some or all of my previous payments as I am struggling financially and it would be a weight off my shoulders to not have to continue with these payments, thanks for any and all advice

sourcrates

Hi,

The first judgement remains live and enforcable, you cannot get a refund of payments, nor are you excused from payment.
However, there can only be one judgement for a particular debt, are you 100% certain they are one and the same debt ?

If so, as Lowell are the culprits here, you should write to them explaining the situation as clearly and concisely as possible, and get them to have the second judgement set aside.

They will still be entitled to payments from the original judgement, as they now own the debt, it can still be enforced, its far too late now for you to attempt to have the first judgement set aside, if you had applied within the first month after judgement, and you also had a defence with a reasonable chance of success, then maybe, but not now.

Scarecrow58

They are both for the same debt, have spoken to lowells and they claim that my first ccj was taken down after 6 years and that I must abide by the 2nd ccj, they have also refused to set the ccj aside so what would I need to do now? Contact the courts? Or is there any letters I can send asking them to set aside the ccj?

sourcrates

The law, as it stands, is this, you can only have one judgement for any one particular debt, CCJ`s do not get taken down, nor do they become statute barred, they remain active until repaid, the only exception to this is if six years have passed and no enforcment action has been taken, the creditor would need permission of the court in that senario, to further enforce the judgement.

The second judgement is unsafe, because of the above, you should take legal advice, from a solicitor, or post on Legal Beagles website, they will know more on this subject.
Don`t listen to anything Lowell tell you, they have no interest in getting this set aside for you.

Scarecrow58

Ok thank you for the advice

macman

Non-receipt of paperwork is not acceptable grounds for a set-aside. All the complainant needs to do is despatch them to the last known address. It's up to you to inform your creditors if you change address.