Old CCJ - Drydens fairfax

fatbelly

BrigitB said:

Do you think I can dispute it if it’s not showing on my credit file? 

As I said, The original lender entry should have dropped off your credit file 6 years after the default, so probably last year. But the ccj should appear. If it doesn't, and the ccj is definitely yours, then it's probably because your entry isn't linked to the address they used for the court claim.

sourcrates

Re- your message.

Fatbelly hits the nail on the head above, as to what may actually have happened here.

Once legal action has commenced, and a judgement handed down, the creditor has no further obligation or requirement to prove anything, because rightly or wrongly, a court has decided you owe the money.

So, your current position is this -

If you are adamant the debt is not yours, then you can apply for a set aside on that basis, that would be your defence, and as you didn`t receive the original court papers, that would satisfy the second criteria.

As I said before, remission on the fee is available if you're on a low income, it`s court form E-160, you fill it in at the same time as the N-244 and enter them together.

However, if the debt is yours, but you're just hoping they can`t link it to you, then what I have written above should dispel that theory, as they don`t need to evidence your liability any further and enforcement action can be undertaken without further warnings.

Where CCJ`s are concerned, the only route you have to dispute them is via a set aside application, no other route exists, you must go via normal court channels.

BrigitB

Thanks all for your responses. If you are saying enforcement action is imminent now, what should be my response? I cannot really afford to pay much with this cost of living crisis. How can I negotiate? 

fatbelly

I don't think enforcement is necessarily imminent. That was probably just Drydens securing their position.

Its a CCA debt so they can't use High Court enforcement.

Whether any of the following is a threat would depend on your circumstances:

• county court bailiff
• attachment to earnings
• third party debt order (usually a dip into savings with a bank)
• charging order (if you own property)

As I said before, your options, as ever are

• pay in full
• negotiate a settlement
• pay by instalments
• continue to ignore

If you want to make payment by instalments you just tell them what you can afford

National Debtline have a tool for working this out

https://tools.nationaldebtline.org/yourbudget/

But I would still say to check that you are 100% certain this is your debt by checking with the court