Steps BEFORE a creditor issues a CCJ

Deramore12

My wife had a business that folded 2 years ago.   We sent all paperwork to our accountant and cleared everything or so we thought.

Last month we had a letter from a solictor claiming monies from a solictor which we knew nothing about.  We checked with our accountant and the paperwork and believed all debts had been paid so asked for proof of delivery. 

This has arrived  but with an immediate CCJ  attached.

A letter came with copy invoices and POD but also with the CCJ.

We had missed paying this debt because we hadn't received a physical copy. It was complicated as we were in serviced accommodation at the time and we also moved house to downsize.

When my wife set up an account with the company involved she used a generic info@  email incase she was bombarded with phishing emails not expecting the email address to be a legitimate point of contact.


The letter from the solicitor is robust and basically indicates that invoices were sent to this email account.
 
I doubt we ever even looked at the email acc.

The goods and indeed invoices were sent in march 21 obviously she was in a tizz and s folded the business in April so of course we never gave it a thought  that a company would send invoices in that manner, we assumed they would send a physical copy.
Nothing was forwarded to our home address.

We are not now dusputing we owe the money just staggered that 1st point of contact with this solicitor was last month when we asked for the POD and the 2nd letter IS THE POD Plus A CCJ  !!!!

fatbelly

A creditor issues a claim. This is sent by post to the defendant's address.

If the claim is undefended it progresses to a judgement in default.

Provided you have a reason why you did not defend the claim, and
a defence with a reasonable prospect of success, and
act promptly

you can apply for set-aside and then get a chance to test your defence.

I suggest you do act promptly as they will no doubt escalate this to High Court and put it with High Court Enforcement Agents

sourcrates

You say the paperwork has a CCJ attached, what do you mean by this, what exactly have you received?

Does anything show on credit files, whose name is the judgement in?

Have you checked registrytrustonline to see if its registered there?

fatbelly

If you think the solicitor is pulling a fast one you can check with the issuing court - you just need the ciurt reference from the judgement

Deramore12

sourcrates said:

You say the paperwork has a CCJ attached, what do you mean by this, what exactly have you received?

Does anything show on credit files, whose name is the judgement in?

Have you checked registrytrustonline to see if its registered there?

Civil national business centre- county court

fatbelly

That's Northampton, I believe

I think what Sourcrates is questioning is whether this is a judgement by default or just a claim with an issue/service date

sourcrates

fatbelly said:

That's Northampton, I believe

I think what Sourcrates is questioning is whether this is a judgement by default or just a claim with an issue/service date

Exactly this, what does the notice/letter actually say.