Help with CCJ

angelica

Hi, I found by accident that I have CCJ since October 2019 on my file. I didn't receive any correspondence from PRA Group about going to the court.

The cc debt was sold to them in 2015 and I paid installments until mid-2016 when I asked for CCA and they couldn't find it. This was the last correspondence from them.

In 2017 I moved home but the address they have on judgement is the new one except the number of flat. That's why I didn't receive any forms. Can I remove the CCJ from my file somehow on the ground that I didn't receive default notice, court form etc?

Is there any chance that they still don't have CCA but were lucky as I didn't send forms and didn't go to defend myself and if I re-open the case I might win?

fatbelly

Yes you can apply for setaside and defend the claim.

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

angelica

fatbelly wrote: »

Yes you can apply for setaside and defend the claim.

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

Thanks. What should I give as a reason for setting the judgement aside? Wrong address on their files?

fatbelly

Yes.

You need:

a reason why you did not respond to the court claim
a defence with a reasonable prospect of success
to act promptly

You seem to have all three

WhenIam64

The fee for applying for a set-aside is £255 unless you are in receipt of certain benefits / low income.

In 2017 I moved home but the address they have on judgement is the new one except the number of flat.

At the SA hearing, you ask the judge to have PRA repay the £255 or at least reserve costs so that if you win the rehearing, the £255 is repaid to you. PRA failed to take reasonable steps to find you which is why you had the default CCJ.

angelica

WhenIam64 wrote: »

PRA failed to take reasonable steps to find you which is why you had the default CCJ.

Thanks. Should I tell the court that they could not find CCA? Unfortunately after moving house I can't find their letter myself. I might be able to locate it but if I'm not what to do then?

WhenIam64

Should I tell the court that they could not find CCA?

Yes IF they ask for a rehearing.

Often with these ambulance chasers is that the set-aside happens. A rehearing is set but the claimant sends a Notice of Discontinuance which means

a) The lack of a CCA is never discussed and
b) You don't get the £255 back unless the judge at the set-aside has ordered it (they rarely do)

So the most frequent outcome is that your credit record is clean, but you are down £255.

How much was the original debt? Claimants use this technique (default CCJ/dodgy address) when it is sub £500.

angelica

WhenIam64 wrote: »

How much was the original debt? Claimants use this technique (default CCJ/dodgy address) when it is sub £500.

Thank you. The amount when stopped paying in 2017 was £2,123, CCJ says £2,329. I don't know what extra £206 is, it might be an interest or court fee.