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3 CCjs appeared out of the blue.......


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Not sure if this is the right place to put this, but I could do with some advice if anyone has been in this situation?

 

Cut a very long story short about 8 years ago I was working out of the county for a few years, I left my x (wife at the time) in charge of making some payments and basically keeping the finances in order.

 

As far as I was aware she did. When I came back things were going wrong between us so I moved out, I continued giving her the money to pay the bills and the mortgage for two years after that.

 

I moved to another house, continued on and everything was ok. I continued paying the mortgage (for the sake of my little girl) and got on with life. However she was extremely difficult with me, went out of her way to be as awkward as possible.

 

Few years past and I get a call from Abbey to say the Mortgage is behind, well behind. She had been pocketing the money and spending it. Joy. So I put the house up for sale. Now all of a suddern things start dropping on my doorstep. Cards shes taken out in my name, things she was supposed to settle which she didnt, all kinds of bad things.

 

I had a solicitor deal with it, there were defaults showing but no CCjs that she could find. I sold the house, settled every single bill that landed without complaint and moved on.

 

Over the next two years I was dilligent in checking my credit file, every month. I had the x removed as an associate and everything was ok apart from a few defaults which were slowly dropping off. In January I moved again to a new house, Informed the credit agency and the council and three ccjS have appeared from nowhere on my file.

 

Checked the dates, etc and they are all from around the time I was selling the house or a little after. Everything was settled but only one within 28days of the judgement.

 

I have never received any paperwork, from either the court or my x and they were all placed at the address my x was living in at the time even though I have always been on the voting register everywhere I have lived.

 

My x has penned a letter admitting she never handed over any letters at this time but obviously refuses to admit she took the money.

 

I have applied to each court to try to get to the bottom of whom the creditors where, though Im 100% sure everything has and was satisfied.

 

Is there any any chance I may be able to get these removed? Has anyone any information or tried to have a ccj removed?

 

Im planning on tackling them one at a time and seeing what can be done. Any advice anyone can give me is most appreciated. I do intend to speak to a solicitor but the more leg work I can do myself and the better my understanding of the situation the more comfortable I will feel.

 

Thank you in advance.

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I assume each one was awarded against you as Judgment in Default ie because you never defended any of them. Of course you can't defend if you never knew or received any documents from the Court.

 

You will need to apply to the Court(s) concerned and ask for a copy of each Judgment. You can apply for set aside on each - Form N244 from HMCS website, cost of Fee £75 each.

 

PT

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Thanks PT,

 

Im in the very early stages of finding out whats what, but im 100% confident thats the case, Iv applied to Northhampton for more information and they have wrote back giving details of where each one was transferred too. One to Cardiff, one to Bradford and one to Redditch.

 

After set aside what is then the process? Is it a valid defence that I thought they have already been settled, that I never received paperwork and that I had always been on the voting register at every property I lived at and therefore was very easy to find? Do I need to sign these in the presence of my solicitor?

 

I don't actually need any credit I just think its all a little unfair to be tarred like this.

 

Thank you for taking the time to reply.

 

M

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After set aside what is then the process? Is it a valid defence that I thought they have already been settled, that I never received paperwork and that I had always been on the voting register at every property I lived at and therefore was very easy to find? Do I need to sign these in the presence of my solicitor?

 

 

Have a read of this it may help explain things for you:

 

Debt Factsheets - How to set aside a Judgment in the County Court

 

I would imagine your defence would be that as you never received any documentation you therefore had no opportunity to defend/counterclaim/make offer of payment. As I understand it from what you say each is now satisfied so that should go in you favour also. If you do decide to go down the set aside route make sure you also ask for the case to be transferred to your local County Court.

 

PT

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Again thank you, I wasn't even aware transferring the cases to local court was possible. Thay are not for particular high amounts, £2,800 on one £4,000 on another. Is it possible that whomever is responsible will not defend due to the time scale past and the small amounts concerned or are they obliged to appear at the hearing?

 

I just no experience of this sort of thing at all :-(

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Again thank you, I wasn't even aware transferring the cases to local court was possible. Thay are not for particular high amounts, £2,800 on one £4,000 on another. Is it possible that whomever is responsible will not defend due to the time scale past and the small amounts concerned or are they obliged to appear at the hearing?

 

I just no experience of this sort of thing at all :-(

 

The other side have to be notified and you may find they will object but don't worry about that. The Form can appear daunting at first but is actually very simple, if you get stuck please ask for help - you'll wonder why you got stuck when you see the answer. The hearing itself can be a very informal affair - normally the Judge reads the files a few days in advance and will ask very pertinent questions. The most important thing is to arrive early, be attentive & polite and at the end thank him/her even if things go wrong.

 

PT

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Once again PT Thank you for the help. I will await the information to be returned from each court and see what its all about and then go from there. Probably be a week or so before the courts reply so I shall update then.

 

In the meantime if anyone has anything further to add please do feel free.

 

My thanks in advance.

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Hi folks,

 

I appreciate, Im still awaiting information back from the courts, but presuming its decided that the CCJ is set aside and a hearing is set, can someone/anyone advise me as to how this works? Myself and the party concerned will be given a date, are they asked if they wish to contest? or are they told they have to appear?

 

Im not too concerned about going to defend myself (with or without a solicitor) but Im wondering if the low amount and time passed one or more of the companys wont wish to take the time or have the paperwork available to come and defend, bearing in mind I settled them all very quickly. Im just notreally sure how it all works, though I will order the book and read up when I get a moment.

 

Advice, is as always, humbly appreciated and gratefully received.

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  • 2 weeks later...

Iv just come back from Europe, and found three envelopes on the doorstep from the relevant courts regarding these CCJ's. I had settled all payment to DCA's without ever being aware of any of them :-(. I do have letters from all concerned saying they are settled. As I have already stated Im going to apply to have each one set aside, tackling one at a time. Is it worth me sending off copies of the letters to the courts stating they have been settled in the meanwhile so they/myself inform the CRA's that they are settled? at the moment they are appearing as unsatisfied? Or would this perhaps prejudice my application for set aside at a later date?

 

Some advice would be gratefully appreciated.

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