CCJ's appeared with no letter first

jagger86 · 18 September 2018 at 1:45PM

my husband ran up quite a bit of debt and consequently landed 4 defaults and a CCJ. This was a couple of years ago and he has been on payment plans with each one.

We checked his credit report over the weekend for the first time in a while and there are 2 more CCJ's that have appeared which we know nothing about. He has not had a letter regarding this or anything from the court!?

One was issued in April and one way in August. Both for small amounts (£359 and £185).

It's quite gutting as have been working at paying the other things off with the hope of being able to remortgage and get a better rate, sooner rather than later and now these 2 CCJ's are going to put us right back at the beginning of the 6 years.

It just says issued by Northampton County Court and by The Registry Trust Ltd.

Any advice what to do please?

Just_Di · 18 September 2018 at 2:06PM

Are these two CCJs registered at your current address or a previous (possibly linked) address?

If the court is Northampton County Court then these are likely to be Default Judgments because no Acknowledgment of Service was filed by the court deadline.

After the CCJ the court would have sent you the Order (CCJ) about seven working days later, so did you not received that either?

Di

National_Debtline · 18 September 2018 at 5:03PM

Hi jagger86

The most likely reason that the CCJs have appeared out of the blue is the claimant has sent court papers to a previous address. This may have happened if your husband moved and did not inform all of his debts.

Next step is to contact Northampton County Court and ask them for the particulars of the claim. This will tell your husband what the debt is, how much it is for and who made the claim against him.

You can let us know when you have found out more. If there are grounds to dispute that your husband owes the debt he may be able to have the CCJs set aside, otherwise he can apply to set up an affordable payment plan.

Best wishes

Susie
@natdebtline

jagger86 · 23 September 2018 at 1:23PM

Just_Di wrote: »

Are these two CCJs registered at your current address or a previous (possibly linked) address?

If the court is Northampton County Court then these are likely to be Default Judgments because no Acknowledgment of Service was filed by the court deadline.

After the CCJ the court would have sent you the Order (CCJ) about seven working days later, so did you not received that either?

Di

No we haven't received anything at this address and I open all the post as I am so paranoid about missing anything like this as we are still trying to get out the mess it caused.

Sorry for late reply I lost my login details!

jagger86 · 23 September 2018 at 1:26PM

National_Debtline wrote: »

Hi jagger86

The most likely reason that the CCJs have appeared out of the blue is the claimant has sent court papers to a previous address. This may have happened if your husband moved and did not inform all of his debts.

Next step is to contact Northampton County Court and ask them for the particulars of the claim. This will tell your husband what the debt is, how much it is for and who made the claim against him.

You can let us know when you have found out more. If there are grounds to dispute that your husband owes the debt he may be able to have the CCJs set aside, otherwise he can apply to set up an affordable payment plan.

Best wishes

Susie
@natdebtline

Thank you for reply, sorry I lost my log in details and only just got back in.

Will ring the court tomorrow, however normally don't you get 30 days to pay the CCJ so it doesn't go on your file. We weren't given this option as never received a letter about anything so where would we stand with that!?

Thanks

sourcrates · 23 September 2018 at 1:35PM

jagger86 wrote: »

Thank you for reply, sorry I lost my log in details and only just got back in.

Will ring the court tomorrow, however normally don't you get 30 days to pay the CCJ so it doesn't go on your file. We weren't given this option as never received a letter about anything so where would we stand with that!?

Thanks

Have you moved recently ?

This happens usually as the creditor sends court papers to the last known address they have on file for the debtor, if people move, and don`t update their address details, this is what can happen, judgement by default.

A set aside is your only other option now, but you need to have a defense with a good prospect of success in order to apply, each application costs £255.00 (although remission may be available on the fee).

For the amounts involved, your choices are very limited i`m afraid.

CakeCrusader · 23 September 2018 at 1:37PM

Have you moved house within the past 2/3 years? They are usually sent to the address that the creditor has for you, so if your other half hasn't contacted them to update your address you won't have received anything (it would have gone to your last address).

CakeCrusader · 23 September 2018 at 1:38PM

Sorry, cross post with Sourcrates.

Just_Di · 25 September 2018 at 2:16PM

jagger86 wrote: »

checked his credit report over the weekend for the first time in a while and there are 2 more CCJ's that have appeared which we know nothing about.

When you checked his credit report were the CCJs registered under your current address or another address?

This is the crux of the matter.

If the claim was served on an address where he wasn't living then a set-aside should be mandatory under CPR 13.2. If that is the case then it's sometimes possible to get the Judgment Creditor (i.e. the Claimant) to consent to a set-aside which you file at court (Consent Order) without the need to make any Application..

I don't know enough about your particular situation to suggest anything definite at this stage. I can only speculate

Those CCJs will remain on the CRA file for six years so if your aim is to clean up your file in order to obtain a mortgage then it may be worth the investment of a set aside application. It may not.

Di

CCJ's appeared with no letter first

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