CCJ by 1st credit/beevers i knew nothing about

[kayjay88]

Hi,

Sorry to bother you all.

 

I am new to the forum and looking for some much needed advice.

 

I recently got my credit report after being rejected for a simple business account.

 

On there I have a ccj issued by Northampton county court.

 

I contacted the court today who told me the judgement was for a credit card

and gave me the details of the solicitor involved.

 

I called the solicitor and here are the details I found out.

 

I apparently defaulted on a credit card in may/2008.

 

Then the ccj was applied in feb/2013

 

I wasn't aware of the debt as I split from my wife in 2008

and left the family home so haven't received none of the correspondence

including correspondence for the ccj.

 

I am presuming the debt is mine.

But I'm wondering where I go from here?

 

I also presume even though I haven't acknowledged the debt for over 6 years

it can't be statute barred because I now have a ccj for it?

 

Sorry for being long winded but I'd love to get this resolved.

 

If the debt is mine I will be more than happy to set up a payment plan

but won't be able to pay in full as I can't afford it. I am currently setting up as a sole trader which cost very little.

 

Just wanting to get my credit report sorted as quickly as possible.

 

Thanks for taking to time to read this and hope to hear your replies.

Regards

[citizenB]

If the CCJ had not been awarded then it would have been statute barred by now.

 

Would your post have been returned to sender ?

 

If the debt is not yours then it would be wrong for you to pay it. Was the court able to send you any of the paperwork in respect of this ? I will try and find out what options you have.

[kayjay88]

Many thanks for the quick reply. Really appreciated.

 

I don't know 100% if the debt is mine but I would presume so

as back then me and my wife had good jobs and several bits of credit.

 

what if I objected to the ccj on the grounds I never received any paperwork for it or prior to it.

 

Then if it did get set aside, could I look at the statute barred then?

 

Although maybe I should have let them know I moved address?

 

I don't think my post would have been returned to sender

as it was quite a nasty split then after a year or so she moved out.

 

So to be honest after that period I wouldn't know.

[BazzaS]

If you get the CCJ set aside, it sets things back to the time of the original papers being served : if it wasn't statute barred then, you can't claim an advantage of it becoming statute barred after the court papers were served .

 

Additionally, there is no point in getting a set aside unless you have a realistic prospect of defending UNLESS you want to get it reset to the time of judgement and pay it off in one go ( to avoid a CCJ showing).

 

First step for you? SAR the original creditor to get as much info as you can, to work out if you owe it / have a reasonable prospect of defending the claim.

[BRIGADIER2JCS]

Many thanks for the quick reply. Really appreciated.

I don't know 100% if the debt is mine but I would presume so as back then me and my wife had good jobs and several bits of credit.

what if I objected to the ccj on the grounds I never received any paperwork for it or prior to it. Then if it did get set aside, could I look at the statute barred then? Although maybe I should have let them know I moved address?

I don't think my post would have been returned to sender as it was quite a nasty split then after a year or so she moved out. So to be honest after that period I wouldn't know.

 

 

Just the issue of a CC claim stops the 6 year clock ticking.

 

 

This claim was issued prior to the debt becoming stat barred,.

I think it will be difficult to get this set aside after such a long time and having failed to inform

creditors of a change of address will not help either.

 

 

Which organisation has the judgement a debt collection agency or the original creditor?

[kayjay88]

Thanks bazaar

 

Just so I understand correctly.

 

Even if I get the ccj set aside on the ground of not being aware of the debt,

it only then sets it back to when the original papers for the ccj was served

and it would then need to be paid in full?

 

I wouldn't be able to set up a payment plan to avoid the cc?

 

If that's the case I wouldn't be able to afford it so is there any point?

 

Is what your saying.

[kayjay88]

A debt collectors agency

[kayjay88]

1st credit. But is now with solicitors

[BRIGADIER2JCS]

1st credit. But is now with solicitors

Which Solicitors ( Judge and Priestly?)

[kayjay88]

Moon beevers

[Ford]

Thanks bazaar

 

Just so I understand correctly. Even if I get the ccj set aside on the ground of not being aware of the debt, it only then sets it back to when the original papers for the ccj was served and it would then need to be paid in full? I wouldn't be able to set up a payment plan to avoid the cc? If that's the case I wouldn't be able to afford it so is there any point? Is what your saying.

 

it wld go back to the beginning of the claim.

it looks like that it wld not have been statute barred, unless the default was some time (around a year) after the last missed payments?

for the courts general approach re set asides see civil procedure rule part 13.

yes, if set aside, you cld then try for an arrangement with the claimant.

[kayjay88]

Thanks guys for all th replies. So I guess 1st thing is to get as much information off the solicitors for eg the credit agreement nd missed payment dates and take it from there.

I will keep you all informed of my progress

[sequenci]

Do you actually have grounds for setting it side (e.g. a genuine defence?). Also do consider that set aside applications need to be made 'promptly', you may find it a struggle to convince a judge to allow the application.

[kayjay88]

Well I wasn't aware of the debt. It's effecting my credit rating. So thought maybe I've got nothing to lose. I am willing to come to some agreement with the solicitor so am hoping that solicitors/judges would work with people like myself rather than just write them off.

[kayjay88]

And my defence is I wasn't aware of the debt or the judgement so never had the opportunity to rightfully defend myself or even settle the debt

[BRIGADIER2JCS]

Well I wasn't aware of the debt. It's effecting my credit rating. So thought maybe I've got nothing to lose. I am willing to come to some agreement with the solicitor so am hoping that solicitors/judges would work with people like myself rather than just write them off.

As sequence has said to get this set aside you need to have a viable defence, the fact that it seems you did not inform your creditors of a change of address will go against you.

The solicitor acts for the claimant and may or may not assist in mediation/negotiation of a settlement.

 

 

Judge is charged with making a judgement on the basis of the balance of probabilities and does not "write people off".

[sequenci]

The set aside fee is £155. There may be further costs from the other side if you do not succeed. Not being aware of the judgment isn't sufficient to be granted a set aside - you need to show that you do not owe the money. If it is likely that you do owe it then you should apply to vary the judgment so that you can pay it via affordable instalments and prevent further enforcement action like bailiffs and attachments of earnings.

[Ford]

... nd missed payment dates...

..

 

 

ie when was the last payment ever made. (thats what i meant before )

shld be able to get info from the creditor if needs be?

but, as just posted, there are requirements for a set aside which wld need to be satisfied.

[kayjay88]

Thanks again for you reply. I'm going to try find out this information but by the sounds of the feedback I won't have much look to get this set aside. What about the solicitors or creditors, could they get the ccj lift on there own discretion if I was to request to do so? Just trying to find out the best solution I have

[Ford]

not sure, cant see how they wld

best result wld prob be that they didnt object to a set aside upon app'n (assuming J orders one (which wld have the option for them to object)). otherwise, there wld be a hearing.