How to find out if someone has applied for a CCJ against me

Willing2Learn · 17 April 2019 at 7:01PM

Ringing them does not reset the clock. If you feel uncomfortable communicating with them on the 'phone, worried that they may pressure you into acknowledging the debt in some way, then do not ring them. Just send them the letter without the account reference number. Or don't send them the letter at all. Just let the clock run down and keep your fingers crossed that they don't go for the CCJ route...

fatbelly · 17 April 2019 at 8:49PM

Frankly I would do nothing for now.

You have tied your addresses together by getting a credit report. If they want to write to you they now know where you are. They must first send a pre-action letter giving you 30 days to reply.

Atlasconfused · 18 April 2019 at 9:26AM

Correction: I have not tied addresses together, as the address Lowell has is still my address in the UK (this won't change). However, by the looks of it I will not be popping by until end of summer (September).

I am worried that if I 'play it cool', do nothing and let the clock run down, they might meanwhile apply a CCJ... and as I won't be aware of this it will affect my credit score for another 6 years....

WhenIam64 · 18 April 2019 at 10:55AM

they might meanwhile apply a CCJ... and as I won't be aware of this it will affect my credit score for another 6 years....

If they send a claim form to the "old" address you can successfully apply for a set-aside (£255) on the basis that you would not have been able to defend it - it's a basic right.

As regards recovery of the £255 fee from Lowell that depends on whether you can convince the court that Lowell knew or ought to have known a new address for you.

So what is at risk is £255 and not your credit score. It's actually very difficult to get a CCJ. You have to try.

Atlasconfused · 18 April 2019 at 11:02AM

Lowell doesn't know my address abroad...

So, if I understand this correct: In principle, if Lowell applies for a CCJ against me and I don't know about this as I am abroad. I can, when I find out that there is an CCJ on my credit file, apply for a 'set aside'?

What are my chances for success when applying for an CCJ?
The address Lowell has is correct, however, I am not there...

WhenIam64 · 18 April 2019 at 1:54PM

What are my chances for success when applying for an CCJ?

There are two tests. The first is whether you received the paperwork and the second is whether the money is owed. If it is clear the money is owed then it can be set-aside on the condition that the money is paid to the creditor.

The other way is to approach the creditor when you discover you have a CCJ and offer to pay if they agree to a set-aside "with consent". A "with consent" hearing is £100 and not £255.

Never came across Lowell consenting so the £255 (without consent) route tends to be the normal one.

You appear rattled by the threat of a CCJ but the ratio of threats to action is quite high. It is expensive to progress a claim in terms of time and fees. And they run the same risk as you in losing. Judges can be very particular about the evidence. Threats are always cheaper which is why they send so many of them.

Atlasconfused · 18 April 2019 at 4:30PM

Thanks guys, I really appreciate this.

Apologies, I wrote
"What are my chances for success when applying for an CCJ?"
What I meant to write was "What are my chances for success when applying for 'set aside' after someone has applied a CCJ against me?"

1. "The first is whether you received the paperwork and the second is whether the money is owed"
Apologies for my ignorance, just not sure I understand all of this.
I did not receive the paperwork - however, it is kind of my own fault that I have not received it as I moved abroad. The post in the building where I live is collected downstairs, and if no-one collects my post for a while it sometimes gets binned... I did arrange before leaving so that I would not receive any post. Contacted banks, services, council etc... So, it might be that Lowell has sent me letters - I just don't know...

I am not sure if it is clear that money is owned. Clearly, I had an outstanding balance with Orange that I was unaware of, thus did not pay. However, I am not sure whether Lowell can prove this and not sure how they got to this debt.

I understand that after I have been given a CCJ I have 31 days to pay the debt. If I fail the CCJ will show on my credit report for 6 years. And if I miss this widow that's it, it will stay on my credit report? Is this correct?

2. "The other way is to approach the creditor when you discover you have a CCJ and offer to pay if they agree to a set-aside "with consent". A "with consent" hearing is £100 and not £255"

If I do the above, will the CCJ show on my credit report? And is there a time period within I must pay for the credit in order to avoid the CCJ showing? How do I go about this?

What I really don't want and do not need is a CCJ on my file when I get back to the UK...

"And they run the same risk as you in losing" If I don't show up, they cannot lose, can they?

How to find out if someone has applied for a CCJ against me

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