CCJ I didn't know about (and don't owe)
meld_2
Posts: 6 Forumite
Please could someone advise me what to do.
I've recently received a letter from a debt collection agency, who tracked me down to my current address (not that I was hiding). They are saying that I have a CCJ against me, which was filed in Nov 2006.
Having looked into this, it appears that the CCJ was awarded to a gym that I used to belong to, as they said that I hadn't given them the 30 days notice to quit, which I was obliged to. Now, first of all, I did - I wrote to them in February 2006 telling them that when my years contract came to an end, I would be cancelling. I sent the letter by recorded deliver, as they specified that I must. I then cancelled my bank's standing order after my last payment had been paid in May.
At around the same time I moved house, and thought nothing more of it until now. It appears that the CCJ was awarded against me, even though I knew nothing about this (and had no opportunity to oppose), as the papers had been sent to my previous address. Unfortunately, I no longer have the proof of posting to show that I did write and cancel my membership. Even so, is there anything I can do to get this judgement overturned?
I've recently received a letter from a debt collection agency, who tracked me down to my current address (not that I was hiding). They are saying that I have a CCJ against me, which was filed in Nov 2006.
Having looked into this, it appears that the CCJ was awarded to a gym that I used to belong to, as they said that I hadn't given them the 30 days notice to quit, which I was obliged to. Now, first of all, I did - I wrote to them in February 2006 telling them that when my years contract came to an end, I would be cancelling. I sent the letter by recorded deliver, as they specified that I must. I then cancelled my bank's standing order after my last payment had been paid in May.
At around the same time I moved house, and thought nothing more of it until now. It appears that the CCJ was awarded against me, even though I knew nothing about this (and had no opportunity to oppose), as the papers had been sent to my previous address. Unfortunately, I no longer have the proof of posting to show that I did write and cancel my membership. Even so, is there anything I can do to get this judgement overturned?
0
Comments
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The court may agree to set aside the default judgment if you did not send in a reply form within the time limit if it thinks:
you have a real chance of a successful defence to the claim; or
you have a 'good reason' to set aside the judgment e.g. where you did not get the papers through the post.
Full factsheet here
There's a £65 fee.0 -
Thanks for the link! It looks like that's what I'll have to do - though I'm not overly happy about having to pay £65 for the privilege. Especially since the original 'debt' is only for about £50! The CCJ itself is only for £180... And even then it's still got to go back to court - and since I no longer have the proof of posting, there's no guarantee that I'll win.
It might just be easier to pay the CCJ, but then I guess it'll still be on my record.
:mad:0
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