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What constitutes as proof that you have informed claimant of a change of address


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Hi,

 

My friend is applying to get a CCJ set aside, she wasnt living at the address at the time but did return there irregularly, she received the summons and signed to admit the debt and offered to pay in installments, she returned the form with a letter that stated she had moved address and all further correspondence should be sent to new address.

 

They didnt amend her address and the acceptance of her offer went to her old address, by the time she had returned again it was too late and she had defaulted and so a CCJ was registered against her, she paid in full straight away but it was about 10 days outside of the 28 day period so she is stuck with the CCJ.

 

She is going to apply and state that she gave the new address but the judgement wasnt issued to the new address so she didnt have chance to find out if it was accepted or not etc, she has a copy of the letter she sent on her laptop and just want to clarify if this will be enough proof that they failed to update it or not.

 

Can anyone advise what the judge is likely to accept as proof that it was their fault and she did give them the details?

 

 

Cheers

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Hi,

 

My friend is applying to get a CCJ set aside, she wasnt living at the address at the time but did return there irregularly, she received the summons and signed to admit the debt and offered to pay in installments, she returned the form with a letter that stated she had moved address and all further correspondence should be sent to new address.

 

They didnt amend her address and the acceptance of her offer went to her old address, by the time she had returned again it was too late and she had defaulted and so a CCJ was registered against her, she paid in full straight away but it was about 10 days outside of the 28 day period so she is stuck with the CCJ.

 

She is going to apply and state that she gave the new address but the judgement wasnt issued to the new address so she didnt have chance to find out if it was accepted or not etc, she has a copy of the letter she sent on her laptop and just want to clarify if this will be enough proof that they failed to update it or not.

 

Can anyone advise what the judge is likely to accept as proof that it was their fault and she did give them the details?

 

 

Cheers

 

I don't think that she can apply to set the judgment aside - today you have to show that you have a defence to the claim - so unless she has a defence with a reasonable prospect of success I think that she will struggle on a set aside application

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I don't think that she can apply to set the judgment aside - today you have to show that you have a defence to the claim - so unless she has a defence with a reasonable prospect of success I think that she will struggle on a set aside application

 

her defence is that the judgement was issued to the wrong address. She paid it in full about 10 days outside of the 28 days notice so why would she need a defence? Surely by her actions she has demonstrated she would pay and if given the chance it would have been within the 28 day notice and so would not be recorded

 

Anyone got any idea on what proof of sending the claimant a change of address is accepted????

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her defence is that the judgement was issued to the wrong address. She paid it in full about 10 days outside of the 28 days notice so why would she need a defence? Surely by her actions she has demonstrated she would pay and if given the chance it would have been within the 28 day notice and so would not be recorded

 

Anyone got any idea on what proof of sending the claimant a change of address is accepted????

 

I'm sorry but I don't agree that the claim being sent to the wrong address is a defence to the claim.

 

A defence is something which says that she did not owe (either in whole or part) the debt in the first place. Your friend had admitted the debt and offered instalments.

 

In terms of proving that Notice of her change of address had been given - the evidence would be a witness statement from your friend exhibiting a copy of the letter and confirming that it was posted.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I'm sorry but I don't agree that the claim being sent to the wrong address is a defence to the claim.

 

A defence is something which says that she did not owe (either in whole or part) the debt in the first place. Your friend had admitted the debt and offered instalments.

 

In terms of proving that Notice of her change of address had been given - the evidence would be a witness statement from your friend exhibiting a copy of the letter and confirming that it was posted.

 

 

Ok thanks for your reply,

 

another option we're thinking about is disputing the amount, there is a discrepancy over an 'optional charge' of part of the repair, its oly a small amount tho (around £2.50) will this be enough to use as a defence? The whole repair was only around £190.

 

Thanks

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