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CCJ at old address on a debt I did not have!


Karen22382
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Hi there,

 

I paid off all my debts a few years ago before moving home. However, I forgot to inform Debenhams that I was moving but didn't use the card anymore anyway. I moved to a different county for university and have recently received a letter from a debt collector saying I owe nearly £200 through debenhams!! I know for a fact that I do not so called them and told them so. They said that they had already secured a CCJ in my absence with letters to an old address and that I would have to tell the court that I believe that I do not owe anything. However, I do not know where to start with which court to tell or what the £200 is actually for? I have not used my card since I paid it off a few years back.

 

Please could someone advise me on what to do as i do not want to pay for something I don't owe and am saving to buy a house for after my partner and I have finished uni and do not want a CCJ to affect our chances of getting a mortgage.

 

karen

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Hi - write to the court (might need a form) and state your request to set aside the ccj:-

explain the circumstances re having moved house etc and prove your actual address with supporting documentation and use CPR 12:

  1. The claimant brought a case against me and, in my absence, obtained a default judgment on xxxxxx, alleging to have issued a default notice on xxxxxand which I did not receive.

CPR Part 12

Cases where the court must set aside judgment entered under Part 12

The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because –

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied; *

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

© the whole of the claim was satisfied before judgment was entered.

Change any bits that dont apply and add things that do, also you havent seen the details of their claim against you at all so had no defence at all - if you have anything that shows you cleared the balance you should include it but I think you already have grounds for the set aside with CPR 12 on its own - hope this helps.

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