CCJ issued without notice

[wotnot]

Hi there, I have just received a ccj issued by default notice for a debt I know nothing about to cabot financial. I have never recieved the summons but have received this from an old address that I rent out.

 

I have no idea what the debt is for and it's a considerable amount of money, can anyone telll me the procedure for setting it aside please.

 

Many thanks

[cerberusalert]

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

[wotnot]

thanks for this, I have filled out the form but as this is an old address am I required by law to give them my new address? I have made arrangements to have the post forwarded now.

many thanks

[cerberusalert]

You have to put your present address in the court application yes, but you are under no obligation to notify any creditor of a change of address.

[wotnot]

OK, well form has gone in with old address and I guess the judge will ask for the new one at the court date that has been set. Should I now ask the claimant for information regarding this, I know not to phone them but should I write something?

[cerberusalert]

Should I now ask the claimant for information regarding this

Yes.

[wotnot]

CCA or SAR? also i dont have any ref no. just the name and address on the judgement form. many thanks

[cerberusalert]

Technically a CCJ supercedes a CCA so they would be under no obligation to comply so it might be better to wait until you get the set-aside & then start from scratch.

 

If you send them a SAR they will only have the most basic of information & then they have 40 days to provide that.

[sequenci]

Do you have a reasonable prospect for defending the claim other than the fact that the claimform was sent to the wrong address?

 

Also, did you make the claimant aware that you had actually moved?

[cerberusalert]

Also, did you make the claimant aware that you had actually moved?

Hardly, the OP knows nothing of the debt so it follows he didn't know the existence of the claimant.

[wotnot]

Hi, thanks for the reply. I can honestly say I dont know what its about but doing a bit of research I can only guess. I am certainly not aware of owing anyone that sort of money so I will have to wait and see what the full details are but in answer to your question if i didnt know how could I inform anyone?

[Gaston Grimsdyke]

OK, well form has gone in with old address and I guess the judge will ask for the new one at the court date that has been set. Should I now ask the claimant for information regarding this, I know not to phone them but should I write something?

 

That was a bad idea. When you tell the judge you didn't get the claim form because you don't live at the address, he will ask you why you put that same, false, address on your application form. I have seen many judges dismiss applications for just that (lying to the court) even though the application itself had merit.

[sequenci]

Hardly, the OP knows nothing of the debt so it follows he didn't know the existence of the claimant.

 

Thanks, I've been scan reading and really should have spent more time reading the background. It's still certainly worth undertaking a bit of a fact-find to ensure that some solid grounds are put forward to ensure that the court grants the set aside. They can often be quite difficult things to obtain, especially if the application isn't made 'promptly'.