CCJ Hoist Finance- Issued to an Old Address, no knowledge of it!

Emgem89

Hi there, 

I wonder if this is the correct place to post- if not please advise and I'll move it. 

I recently had a look at my credit report and noticed a CCJ on my file from November 21. 
I contacted the Northampton Court to find out why it was issued and to be fair it sounds like it's completely legitimate- it's an oldish (but not past 6 years) debt from a Capital One card (ironically, I took out to get my credit score up). 

When covid hit I lost the majority of my income and instead of being responsible, I ignored all my financial problems hoping they would go away. 
In the end I had to move country so I could go and live with my parents and recover myself/life. 
So I left November 2020. I have an address in the UK (my sisters) just for UK bank acc/ etc. 
I have had no correspondence with any debt agency. 

I then look at my credit report and see this CCJ that I have had no prior warning of. 

In short- do I have any case to get this off my credit report? I am happy to pay what I owe but I feel it's all too easy for these debt collectors to just send out whatever they want, with no back and forth and no way of checking whether it's been received or not. 

Where do I stand with this please? Is there any way to get this sorted out? 
Many thanks 

Platespinner123

Hi,

You might be able to get the CCJ set aside if you had told Capital One (or whoever got the CCJ) your new address but they still applied to the court with your old address. This is a discretionary ground, so it's up to the court to decide whether to set it aside. You'll also need to pay a fee unless you qualify for fee remission, although you can ask for the other party to pay these if your application is successful. 

Because you're not looking to defend the claim (you just want to pay the debt without having the CCJ on your report), your chances are a bit lower. So it's best to start by asking the other party to agree to a set aside by consent.

There's a guide to applying for a set aside (including by consent) here: https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

If the creditor only ever had an old address for you, and you didn't update them, then unfortunately that's your responsibility and an application for set-aside is just going to cost you time and money. The marker will stay on your report until November 2027 even if you repay it.