Unexpected ccj

brianfaescotland · 9 February 2019 at 9:43PM

Hi to all can I ask advice please?
So I checked my credit file today and while flicking through found a ccj added a couple days ago ,now this is first of knowing about this . I done some checking and managed to find out ccj in old address and as Sunday couldn’t phone to get more info but will do Monday but in meantime is it right that I would struggle to have set aside even with not knowing about this ccj ? I have had no letters etc and did move about a year and half ago I am on electoral roll etc and if anyone was actually looking for me I’m sure they would have found me. Also the people that moved in to old house are known to friends of ours so would assume they would have said something and if that not enough we had a Royal Mail postal redirect in place from when we left for a year so surely the letters etc would have been sent over a period of time . So unsure what to do now i am just not sure from where last problem I had was years ago thanks in advance

Gaz83 · 9 February 2019 at 9:55PM

brianfaescotland wrote: »

Hi to all can I ask advice please?
So I checked my credit file today and while flicking through found a ccj added a couple days ago ,now this is first of knowing about this . I done some checking and managed to find out ccj in old address and as Sunday couldn’t phone to get more info but will do Monday but in meantime is it right that I would struggle to have set aside even with not knowing about this ccj ? I have had no letters etc and did move about a year and half ago I am on electoral roll etc and if anyone was actually looking for me I’m sure they would have found me. Also the people that moved in to old house are known to friends of ours so would assume they would have said something and if that not enough we had a Royal Mail postal redirect in place from when we left for a year so surely the letters etc would have been sent over a period of time . So unsure what to do now i am just not sure from where last problem I had was years ago thanks in advance

Phone them on Monday.

Whoever has issued the CCJ, it's not their responsibility to go trawling through the electoral roll to find someone. They just send the stuff out to the address on their file.

[Deleted User] · 9 February 2019 at 10:56PM

You need to notify any creditors when you move.

It’s not their job to hunt you down - they will issue paperwork to the last known address they have for you.

You need to find out what the CCj was for before looking at a set-aside etc.

John_G_Jones · 9 February 2019 at 11:53PM

Do you owe anyone any money that you know of?

As others have said, people and companies do not need to hunt you down for a CCJ, they can serve papers to your last known address.

Is this genuinely a mystery or do you know who you owe money to?

brianfaescotland · 10 February 2019 at 4:28PM

thanks for replies but it seems that people think I was aware people such as debt agencies looking for me as said and as title unexpected as in no idea and no idea anyone looking for me and I would assume having a redirect on for 12 months after moving if someone had issues with me I would have heard something during the 12 months but thanks for replying

brianfaescotland · 10 February 2019 at 4:29PM

it is a mystery guess have to wait till i call on monday but just find it hard to believe if there was a debt why no contact in 15 months having moved and 12 of them with post office redirect.

[Deleted User] · 10 February 2019 at 4:41PM

That still can’t be used as an excuse for for not receiving notifications

brianfaescotland · 10 February 2019 at 4:56PM

so what you saying is that even not knowing of any debt or anyone looking for me they can send this to my old address maybe knowing i am not there assuming if I was due something to someone that they would first try to locate me that makes no sense that's like me saying you are due me £100 then claiming through court for it and getting as ccj against you as I sent the complaint to some one else knowing you wont get it and thus winning the ccj

worried_jim · 10 February 2019 at 5:05PM

Which court issued the CCJ? What amount? Very often unpaid parking charges.

sourcrates · 10 February 2019 at 5:38PM

brianfaescotland wrote: »

so what you saying is that even not knowing of any debt or anyone looking for me they can send this to my old address maybe knowing i am not there assuming if I was due something to someone that they would first try to locate me that makes no sense that's like me saying you are due me £100 then claiming through court for it and getting as ccj against you as I sent the complaint to some one else knowing you wont get it and thus winning the ccj

The system is far from perfect, as a creditor only has to send papers to your last known address on record, some debt purchasing companies are renound for obtaining judgements in default using this loophole, it is currently under review by the government.

To successfully obtain a set aside, there are various standard reasons why it may be granted, these include non recipt of court papers, etc, but you must have a defense with a reasonable chance of success as well, you really need legal advice, we have "Just Di" on this forum, who is a specilist solicitor, she may pick this up.

Further info here :

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

Willing2Learn · 10 February 2019 at 5:54PM

If I understand some of the posts from Just Di, sending the CCJ paperwork to an old address does not necessarily mean that there can't be a successful set aside. I believe one of the questions Di typically asks is, did you update the ER when you moved address?

Unexpected ccj

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