CCJ received but the address is wrong

speccybob

I've received a CCJ which has come to my address with the wrong postcode on it. This is the first letter I've received about this and the company issuing the CCJ is PRA Group.

I've phoned them to get some details and they have said this is the address Barclaycard gave them (the postcode is my old postcode).

I've asked them for more information but they are adamant that the CCJ needs to be resolved in 21 days days even if this information is not here by then.

Can I fight this on the grounds I've never had any documents through? I've raised a complaint with them and they said they will 'look through the details'. 

retiredbanker1

The obvious question here is - do you have a debt with Barclaycard?

fatbelly

You've actually had the judgement, not just a claim form is that correct?

It presumably says Judgement in default and orders you to pay 'forthwith'

This is unfortunately legitimate. They are allowed to send the court form to the last known address. However, it's odd that once they have the ccj they immediately find your correct address!

To apply for setaside, which rolls the case back to the claim stage, you need to fit three criteria:

• A reason why you did not respond to the claim form - you have this

• To act promptly. This is not defined and you should ignore their 21 day deadline

• A defence with a prospect of success. This will require some work but it could be that this is statute barred and/or they do not have the relevant paperwork

speccybob

It's the claim form, not the judgement.

I do owe Barclaycard but not sure if it's statute barred. 

Nasqueron

It probably won't be statute barred if they are getting a CCJ and can demonstrate the debt is still in, more likely it was nearly so they decided to take action to ensure they could enforce the debt.

It would be statute barred 6 years after it was last acknowledged so you'd have to check that

fatbelly

Sorry you confused me in the first post by saying you had a judgement not a claim form.

Now you have had a claim form not a judgement you need to act within the timescales.

The claim form shows an issue date. Count 5 days after that for the service date. You need to acknowledge service online within 14 +5 days and defend the claim within 28+5 days from the issue date

The address for service of documents can be updated

Send a cca request to the creditor and a cpr request to the solicitor.

It's explained here

https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

fatbelly

A debt is statute barred in England if there has been a period of 6 years since the default date and you have not acknowledged the debt by payment or in writing. Acknowledging the debt restarts the clock. Issuing a court claim stops the clock. Once a debt is statute barred it stays that way.