CCJ Issued for 2011 debt please advise

[ibrahimo]

Hi I've gotten as much information as possible. If you need anything else then let me know.

 

Debt was originally with Santander UK.

The balance is £1130

The default on the account was 14/2/11

Hoist Portfolio/Howard Cohen co. took over the debt in Dec 2014

The CCJ was issued on 16/3/15

The CCJ was issued to my old address so I didn't have any way of addressing it as I wasn't aware of it.

I can't afford to pay this in full. I could afford small payments.

 

I've worked hard as hell to settle up most of my credit file from my stupid student days

but this was one of the biggest amounts and I'd hoped it would just fall off my account in 2017 when the default would have been on for six years.

 

 

Now though I'm looking at 2021 before it would fall off which is a bit of a disaster.

 

Please advise me what my options are if you can. Thanks for your help.

[citizenB]

Were the company or the original creditor aware of your new address ? If so and they deliberately sent the paperwork to your old address, then you might be able to apply for a set aside.

 

However, if you did not make the creditor aware of your change of address, you might find it a bit more difficult.

 

Applying for a set aside, simply puts the situation back where it was prior to the issuing of the claim. You would need to provide proof, that aside from the claim being sent to an incorrect address, that you had a reasonable chance of defending the claim.

 

How did you become aware that a CCJ had been issued, was the judgment order sent to your Current address ? If so, then this implies that the company were aware of the new address.

[ibrahimo]

Were the company or the original creditor aware of your new address ? If so and they deliberately sent the paperwork to your old address, then you might be able to apply for a set aside.

 

However, if you did not make the creditor aware of your change of address, you might find it a bit more difficult.

 

Applying for a set aside, simply puts the situation back where it was prior to the issuing of the claim. You would need to provide proof, that aside from the claim being sent to an incorrect address, that you had a reasonable chance of defending the claim.

 

How did you become aware that a CCJ had been issued, was the judgment order sent to your Current address ? If so, then this implies that the company were aware of the new address.

 

Hi thanks for the reply.

 

The orginal creditor was not aware of my address.

 

 

The last time I spoke with them was in 2010 roughly. I moved here Nov 2012.

 

I became aware of the CCJ as I have alerts setup on my equifax membership.

 

 

When a change is made to my credit report I get an email.

 

 

There has been no correspondence sent to my current address and as far as I'm aware there was never any correspondence sent to me at my old address

which was a different address/city to the one that was active when the account was defaulted originally.

 

If I applied for a set aside would I be able to argue that I am willing to setup a payment plan

and that I would have been willing had they contacted me at my correct address?

I'd rather do that than have this on my file for six years.

 

Thanks again

[dx100uk]

go phone northants if you have the CCJ number

and ask the address the CCJ was served too

 

 

if you didn't tell your creditors of a change of address

 

 

I cant see you can do much about this.

[citizenB]

When did you actually default on the debt ? Is there any chance that there were 6 years between the last payment you made and the date they issued the claim against you ?

[dx100uk]

did you phone northants?

 

 

dx