Cohen/Next CCJ

[MrMoon]

Right I originally defended a claim and never heard anything no AQ or anything anyway I moved house and looks like they got judgement against me after me filing my defence and writing to them to change my address, but they obviously paid no attention and got judgement at my old address. Anyway the original claim was for £367 but now they are writing to me saying they want £477? was £400 last week seems to change lol.

I called them and they said they had a warrant of execution and they could add on all the costs they want, blah blah bailiffs are coming threats etc.

 

What steps do I have to go through to A) Get it set aside or b) can I just pay the original £367 and they can whistle

 

or can I fight this I have letters from next saying they have no CCA??? Help Please

[harrassed senior]

How long ago was the CCJ granted. When did you eventually find out it had been granted. Why did you not attend the hearing, or were you not notified of the hearing date?

[cerberusalert]

A) Get it set aside

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

b) can I just pay the original £367 and they can whistle

It depends on what the judgement was.

or can I fight this I have letters from next saying they have no CCA???

Yes, see answer A). It would put their claim to square one and if they wished to pursue they would have to produce a signed enforceable agreement.

[MrMoon]

I moved house and never heard anything my redirection ran out but I did write to Cohens and tell them I had moved as I wanted to fight this but it appears this was ignored and I never got any further communication, the CCJ was granted in May on my credit record it shows as £367

[cerberusalert]

If the judgement stated that amount that is what is due, although some courts allow interest to be added but I doubt it for this amount.

[MrMoon]

So their £477 was a load of ****e then?

[count orlok]

Did you tell the court you moved, or just the claimant? Who did you file the defence with? Something smells a bit fishy to me.

[MrMoon]

yes i wrote letters to cohen and northampton, I have them on file of course, I just logged into moneyclaim and it says defence filed on 22/12 thats it, but my CR file has a CCJ lodged for this amount

[harrassed senior]

I think this all hinges on the 'address' change unfortunately, you handed Cohen his favourite tool. He could push it through undefended and say he never received your change of address, something that has been done by him and others many a time.

 

This is what you will need: http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n244_form.pdf

[MrMoon]

I think this all hinges on the 'address' change unfortunately, you handed Cohen his favourite tool. He could push it through undefended and say he never received your change of address, something that has been done by him and others many a time.

 

This is what you will need:

 

Any help with what I need to fill that out and how I submit it

[harrassed senior]

Do you have the original CCJ as that will give you all the reference numbers, Court Address etc.

 

You will need to work on your reasons for set-aside which will be your information of exactly what happened and when in the days leading up to the Judgement Date. You will need to state what documentation you received, what and to whom you replied, all the information about your change of address, and the timing involved there.

 

Hopefully others a little more knowledgeable will be along to help further with this.