CcJ wrong name

Becky1989_2

Hello,

I’ve finally in a place to resolve my debt and wish to enter into a DRO. I’m currently in the process of complying all my debts. 

However, I took a catalogue (Very) out in my married name, but I never officially changed my name (my passport etc. are all in my birth name).

I missed the court documents and Overdale solicitors have filed a CCJ against me in my married name and the judgement states I owe x amount per month (an amount I can’t afford). However, the name on the CCJ isn’t my legal name and not on my credit file. 

I’m so anxious a bailiff will come to my door I’m not sleeping or leaving my home and I’ve now got to prove it’s my debt to be included in the DRO.  Because it’s been sold on x amount of times I can’t find any info on the original account.

Is this CCJ enforceable? What shall I do? I phoned the court and they advised for me to apply for it to be set aside as I didn’t receive the paperwork (I can’t afford to do this - ( I work but outgoings are more than I earn). Stepchange advised I seek legal advice but again I can’t afford it.

Any help would be greatly received.

Thank you 

Isthisforreal99

You say you 'missed' the paperwork which to me is different to not receiving it that you say at the end. What do you mean by 'missed'? Were the papers served to the correct address?

Why do you think the CCJ being in your married name (the name you applied under) would make it unenforceable? 

fatbelly

In the DRO application there is a field for other names that you are known by.

Your intermediary must complete that, and include the ccj debt. 

In the meantime if Lowell want to use bailiffs on this, because it is a Consumer Credit Act debt, they must use the court bailiff, who is a salaried employee of the court and would not abuse  that position. Because in practice they are not so effective, they are less used.

In your situation, set-aside is a waste of time but in the unlikely event of a bailiff being appointed, your intermediary could either push on with thevDRO or give you Breathing Space, which would halt all action for 60 days

So nothing to worry about

Ps. Stepchange's advice was stupid and who are you getting your DRO with, as Stepchange don't do them?

Becky1989_2

Fatbelly thank you, that is very reassuring,  the DRO it’s through Money Wellness. 

fatbelly

Becky1989_2 said:

Fatbelly thank you, that is very reassuring,  the DRO it’s through Money Wellness. 

That sounds good

If any problems, tell us on the DRO board