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  • FIRST POST
    • Mollie656
    • By Mollie656 10th May 18, 8:33 PM
    • 2Posts
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    Mollie656
    Setting aside a CCJ wrong defendant
    • #1
    • 10th May 18, 8:33 PM
    Setting aside a CCJ wrong defendant 10th May 18 at 8:33 PM
    Hello, Iíd really appreciate any advice , Iíve spoken to a solicitor and they charge more an hourthan I can afford so I have to try and defend this myself.
    I received a warrant of execution for £3800 Iíd had absolutely no previous correspondence and when I rang the court they said a judgement had been made against me at a previous address last July. I hadnít received these papers and had no chance to defend this.
    The claim was sent from a director of my fathers previous nursing home to myself. The nursing home was a limited company and I had no contract with this individual lady who had filed the claim. The claim was for nursing home fees for my father. He was a resident for a few months before he was hospitalised as a result of their negligence. When I made the complaint and removed his effects there was approx two weeks fees owing and Iím at a loss to know where this figure has come from.
    I moved House shortly after this event and informed the nursing home of my new address. I have kept copies of letters from them to both my old address and also to my new address - however the lady director of this home chose to give my old address to the court. I had no letters or demands for payment sent to me at all.
    I filed a form to request that the judgement be set aside because of the fact that my old address was provided to the court. I also sent in copies of the letters I had from the nursing home to both my old and new address, proving that they knew I had moved,and paid the fee of £255
    I have now been given a court date to attend and as I canít afford to pay a solicitor Iím going to have to go myself.
    Can anyone tell me what to do please? Should the claim not be from the nursing home ltd to my father, ( which I would dispute on his behalf)? I have never had any sort of contract with this woman,how can she claim this money is owed by me to her? Is it not my fathers debt? ( in dispute!) Can a director of a limited company ask for payment to be made to her personally and not the company?
    Iíd really appreciate any info as go8ng to court is quite daunting but I have to fight this.
Page 1
    • Quentin
    • By Quentin 10th May 18, 9:07 PM
    • 36,346 Posts
    • 20,595 Thanks
    Quentin
    • #2
    • 10th May 18, 9:07 PM
    • #2
    • 10th May 18, 9:07 PM
    Did you ask the court to put a hold on all enforcement proceedings pending the outcome of your set aside request?


    If not urgently seek advice on how to do this as now they have an enforcement order bailiff could come at any time!
    • GM1880
    • By GM1880 10th May 18, 9:52 PM
    • 153 Posts
    • 57 Thanks
    GM1880
    • #3
    • 10th May 18, 9:52 PM
    • #3
    • 10th May 18, 9:52 PM
    Hmm,

    An interesting one. As for setting the CCJ aside, it ought to be pretty simple if you have proof that you had updated them of your change of address. (I just won a very similar case as a litigant in person). But assuming you win, then although the CCJ will be set aside, it'll be like it goes back to square one. You'll still have to face up to their claim for the money and may end up in court if you cannot settle with them. But, if you didn't have any form of agreement i cannot imagine how they would succeed in their claim. Do you have a copy of their claim documents? Definitely worth getting in touch with the court to get those before your hearing.

    I'd get on over to LegalBeagles.info, they're great and will be able to offer some proper legal advice on their forums.
    • Mollie656
    • By Mollie656 11th May 18, 11:34 AM
    • 2 Posts
    • 0 Thanks
    Mollie656
    • #4
    • 11th May 18, 11:34 AM
    • #4
    • 11th May 18, 11:34 AM
    Yes the warrant was stopped, thank you for the advice.
    • sourcrates
    • By sourcrates 11th May 18, 1:31 PM
    • 14,633 Posts
    • 13,766 Thanks
    sourcrates
    • #5
    • 11th May 18, 1:31 PM
    • #5
    • 11th May 18, 1:31 PM

    I'd get on over to LegalBeagles.info, they're great and will be able to offer some proper legal advice on their forums.
    Originally posted by GM1880
    I would second this advice.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
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