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CCJ without address???


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Question

Can you get a CCJ without a currant address??

Explained

I used to get a lot of letters to my old address and they got all returned by the landlord (he does not know my new address, I know from another good friend who is a tenant there) maybe also court letters.

Now what if all those letters bounced back and also the court letters. Can there still be a CCJ issued?? Or can the court search my address via Council tax register, National Insurance, DVLA or else?? I am not registered to vote as not European so the electoral register is out of question. And if so can they make attachments to my salary, obviously without notifying my as they have no currant address.?

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The claimant will use your last known address, if you do not acknowledge within 14 days, judgment will be entered against you, for yours and everyone else's information, the court do not become involved in searching addresses, and has no interest in doing so, the system is completely automatic in this respect

 

Hope this helps.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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The claimant will use your last known address, if you do not acknowledge within 14 days, judgment will be entered against you, for yours and everyone else's information, the court do not become involved in searching addresses, and has no interest in doing so, the system is completely automatic in this respect

 

Hope this helps.

 

OK so Bailiffs can have fun at my old address.

But what about attachments to earnings? I don't care about anything registered against me as I don't need a loan, mortgage or else I don't even have a bank account so only worry is the attachments. So is the only legal way for them to get my address the electoral register or do they have access to something else??

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They would need to know where you worked for an attachment of earnings and they would get it if you had not paid CCJ or kept up to date with payments as ordered on CCJ but only if they new where you worked.

 

If you do not pay the claimant can apply for an AOE as one way of enforcement. You then receive a N55 form and if you cannot pay the balance owed you can fill out a N56 which asks to pay by installments, you then send it back with your I & E and recent wage slip and then the court officer decides what you should pay.

There is a space on the N56 to ask for the AOE to be suspended and give you a chance to pay rather than your employer being contacted. You need to give reasons for this, like it would effect your job, or promotion.

If you ignore this form then yes, if they know where you work they can go straight to your employer and try to enforce it if there is available money.

the court won't search for where you work, ( I don't think) it would be the claimant saying to the court " they work here"

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Im not sure you understand the jist,

 

1 the claimant filed a claim against you

2 the claimant secured judgement against you (as you did not defend)

3 no matter where you live the judgement remains (unless you make an effort to have it set aside)

4 the claimant having secured judgement, can now make an application to enforce the judgement (including, but not limited to attachment of earnings)

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Im not sure you understand the jist,

 

1 the claimant filed a claim against you

2 the claimant secured judgement against you (as you did not defend)

3 no matter where you live the judgement remains (unless you make an effort to have it set aside)

4 the claimant having secured judgement, can now make an application to enforce the judgement (including, but not limited to attachment of earnings)

 

But they would have to find the defendant first and what if you refuse to provide the information for AOE?

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But they would have to find the defendant first and what if you refuse to provide the information for AOE?

 

Im merely stating the facts...what people may or may not chose to do about it isnt my concern

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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But they would have to find the defendant first and what if you refuse to provide the information for AOE?

 

Below; Copied from national debt line,

 

If you go there you could seek the answers you require. Pretty helpful web site.

...http://www.nationaldebtline.co.uk/england_wales/

 

WHAT HAPPENS IF I DON'T SEND THE FORM BACK?

 

You must send the form back to the court within eight days. It is an offence not to send back the form or to give false information. If you don't send back the N56 form the county court bailiffs will serve you with an order to fill it in. If you still don't contact the court then you will be sent a notice to go to a court hearing to explain why you have not given the court the information requested

WARNING

You must go to this hearing. If you don 't attend then the court can issue a warrant for you to be arrested and brought to court or even send you straight to prison.

You can be sent to prison for up to 14 days or fined simply for not following the court's instructions to fill in the form and go to the hearing.

WARNING

If the creditor knows your employer's address the court can go directly to the employer and ask them to provide details of your earnings if you do not return the N56 form to the court.

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Below; Copied from national debt line,

 

If you go there you could seek the answers you require. Pretty helpful web site.

...National Debtline England & Wales, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

 

WHAT HAPPENS IF I DON'T SEND THE FORM BACK?

 

You must send the form back to the court within eight days. It is an offence not to send back the form or to give false information. If you don't send back the N56 form the county court bailiffs will serve you with an order to fill it in. If you still don't contact the court then you will be sent a notice to go to a court hearing to explain why you have not given the court the information requested

WARNING

You must go to this hearing. If you don 't attend then the court can issue a warrant for you to be arrested and brought to court or even send you straight to prison.

You can be sent to prison for up to 14 days or fined simply for not following the court's instructions to fill in the form and go to the hearing.

WARNING

If the creditor knows your employer's address the court can go directly to the employer and ask them to provide details of your earnings if you do not return the N56 form to the court.

 

OK, but what if I do not receive the letters and forms in the first place, coz they have no currant address and they have no other way of contacting me.

Also the letters should come back to them as my old landlord sands them all back to the sender. So what the court will do then??

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Im merely stating the facts...what people may or may not chose to do about it isnt my concern

 

Sorry :oops: ... I'm just trying to understand what can happen in these circumstances for the OP.... didn't mean to sound like I was being argumentative CCM :oops:

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OK, but what if I do not receive the letters and forms in the first place, coz they have no currant address and they have no other way of contacting me.

Also the letters should come back to them as my old landlord sands them all back to the sender. So what the court will do then??

 

If they send a claim form to sue you to your last known address they can do this as you should have told them your new address, (thats what they would say anyway)

If the claim form is not defended then the claimant wins by default resulting in you getting a CCJ, and not knowing about it cos you don't get your post as it goes to your last known address.

As I said regarding an AOE's they would contact your employer if they knew who that was.

As for finding you they also check the credit ref agencies, so if you had applied for credit from your current address this would show up on your file.

There are different things that they MAY do.

 

I think it would be helpful if you looked at national debt line's web site, There are loads of fact sheets that you could look through.

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Well I have a unsatisfied CCJ already dated 2005. Anyway they should have great fun finding my address or my employer coz there is no way they can get it legally.

 

Well, it looks like you're satisfied with the replies to your posts.

Glad you now understand the issues regarding an unsatisfied CCJ and possible enforcement of it.

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