Come home to a CCJ today WTF !!!!!!!

[bigandyuk1]

I have walked in from work to find a letter from In Control offering to help with my recent CCJ. A quick check on my credit report and there it is!! awarded on the 11/07/2011 at an address I lived at 3 years ago.

 

I am guessing this is someones atempt to get a judgement by default and it has worked... Help what do I do now.

 

Regards

[cerberusalert]

You can have it set aside on the grounds that you never received the original court papers.

 

You need to use form N244 which costs £90 IIRC but the fee can be waived if you are on certain benefits.

[cerberusalert]

Do you have knowledge of the debt it refers too?

[bigandyuk1]

I think it nay be an old barclaycard debt which should have formed part of my bankruptcy. I have had a few DCA's chase and when told Bankrupt they go away. But I am guessing. I have had no court paperwork whatsoever. I suppose I will have to call the court tomorrow.

 

Regards

[cerberusalert]

If it is that then your trustee should sort it out.

[bigandyuk1]

Suppose I will have to speak to the court and confirm what it is first. I wouldn't have known about it unless this In Control debt solutions hadn't written to me. Thing is how did they get the right address?

[cerberusalert]

Your old address is probably linked in your credit file.

[unclebulgaria67]

They probably had your new address when they applied for the CCJ, but as with many companies the trick is to use an old address in order to obtain one by default.

 

Another point is that I would have thought they would have checked for any bankruptcy issues when the applied for the CCJ. Surely the bankruptcy would be on the credit record ?

[bigandyuk1]

Bankruptcy was back in 2006 Feb. I spoke to Lowell about this card debt a few months back and he told me he couldn't see the bankruptcy. Said they would look into it and then today I find this.

[joesoap]

Should've went to Specsavers then. Bankruptcy should be shown, not due to drop off until next year.

[bigandyuk1]

Card debt by the way was about £400 at the time of the bankruptcy and I have tried to speak to the insolvency service about being chased and all they could offer was a letter saying the bankruptcy was now discharged.

[bigandyuk1]

I can see it on my credit file clear as day.

[joesoap]

I can see it on my credit file clear as day.

It's a shame In Control can't!

[the_shadow]

If you dont have the information then search the trust online site

 

http://www.trustonline.org.uk/ [warning - think its costs £8]

 

you'll get details of the court it was awarded and the reference, then phone the court and ask for a copy of the judgement to be sent to yourself.

 

S.

[bigandyuk1]

Thanks, Luckily the CCJ reference is on the letter that came from this debt solutions company and also on my credit file. I will call the court this morning and then start with the set aside.

 

Regards

[the_shadow]

Cool, definately the ONLY favour they'll ever do you.

 

Let us know how it goes.

 

S.

[bigandyuk1]

Now it all becomes clear and maybe not so sinister. Our dog died of cancer earlier this year and we were told over the phone that the bill would be sent for payment. I thought they were being pretty lax and if they couldn't be bothered to send the bill then I wouldn't chase them. It turns out they only had a very old address but the new phone number. Instead of calling us they applied for and got a judgement for the bill. The court said I would be best getting the judgement set aside and can confirm that the documents have been sent to the wrong address. Then I can pay the Vet without the judgement. Any advice on filling out the N244 would be appreciated.

[the_shadow]

Hmm surely you could just pay the judgment within the 30 days and then apply for a certificate of satisfaction thus wiping it from the CCJ register?

 

S.

[bigandyuk1]

That would be ideal if I had £1164 to pay them out right. The nice lady at the court says that if I have it set aside I can probably work out a payment schedule with them that does not involve the court.

[the_shadow]

That would be ideal if I had £1164 to pay them out right. The nice lady at the court says that if I have it set aside I can probably work out a payment schedule with them that does not involve the court.

 

Ahh right sorry, I dont have pets so wasnt aware of the size of the bill

 

S.

[Squirrel Nutkin]

Hi there. Just out of interest, did the vets take you to court themselves of use an debt collection agency?

 

Cheers

[bigandyuk1]

Shadow I wasn't aware of the size of the bill either !! It looks like the Vets instigated the Court action.

[unclebulgaria67]

I think you should speak to the Vets practice manager, to ask why they had not contacted you, if they had your phone number. Yes ideally they should have had your new address, but if they had your phone number and did not attempt to contact you, then I think they are partly responsible.

 

I don't think you have much choice but to get it set aside, because you don't know how the judgement amount is made up. It probably includes various fees on top of the Vets bill you have never seen.

 

Once you got the set aside, you can then negotiate repayment, having full knowledge of how the bill is made up.

[Happyhippy1959]

agh,, clear now,, this bill incurred after your BR... hmmmm Me thinks a set a side and a SAR to have a look at what the bill is made up off.

 

I know many Caggers who have gone BR and find some muppet trying to get money off them down the line.

[Squirrel Nutkin]

Ok !!!! Am being thick. Was does BR mean please?