URGENT HELP - CCJ - Everything was sent to wrong address

[iregretitall]

Hello,

 

I did a credit file check the other day and notices a CCJ on there from July 2011.

 

I do know what its for and they had sent the papers to an old address, I completley forgot about this when I moved leading to me only finding out on the 11th.

 

I sent an email:

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully,

 

They replied stating:

 

Dear Mr XXXXX

By now you should have received a print out copy of your contract as this was sent out at the beginning of the week.

Please be aware that unless this matter is resolved we will be taking further action to recover the debt. We are willing to look at an amicable repayment plan with you in order to prevent this.

Regard

What can I do next ? If it was an online Payday company can they supply an agreement that is a print out copy although it was a signed (tick this box to sign thing).

Also as they still have the incorrect address on their files this credit agreement has been sent to the wrong address, I was hoping they would reply via e-mail as i dont really want them knowing my new address.

 

Im on JSA and have done a Income and Expenditure form myself from debtline and they said im living outside means at moment.

 

This CCJ is for £247

Edited February 23, 2012 by iregretitall
added income and amount of CCJ

[Ganymede]

If you want this CCJ set aside you will have no choice but to supply them with your address so that the Court docs can be re-served on you.

[iregretitall]

I was told that I dont have much chance of them being setaside I was advised because it is my responsibility to keep creditors informed of any address changes.

 

Is this correct ? or is there still a chance I could ?

 

Would a CCJ accept very small monthly payments and still offer to set aside upon completion of payments ?

[asokn]

I was told that I dont have much chance of them being setaside I was advised because it is my responsibility to keep creditors informed of any address changes.

 

Is this correct ? or is there still a chance I could ?

 

Would a CCJ accept very small monthly payments and still offer to set aside upon completion of payments ?

 

I would suggest you have little chance of successfully applying for the judgment to be set aside. You would need to show either a real prospect of successfully defending the claim (you have raised no actual dispute in your post) or show some other good reason for the judgment to be set aside (non-receipt of the pleadings is not sufficient in itself).

 

The problem you have is that the pleadings were properly served at your last known address and it is indeed your responsibility ordinarily to inform a creditor of any change in address. In response to your application the creditor would likely say that you were served and in the absence of any dispute there is no point in setting the judgment aside.

 

As an additional consideration the debt is relatively small and you would more than likely find that, even if you did succeed in having the judgment set aside, you would be ordered to pay the creditor's wasted costs of the application on the basis that it wouldn't have been necessary if you'd told them of your new address. These costs would likely be more than the amount of the debt.

[asokn]

Sorry, one more point:

 

As for payment of the CCJ that is a matter for negotiation between yourself and the creditor. Upon payment you can obtain a certificate of satisfaction showing the debt has been repaid. You would have almost no prospect of setting aside a paid judgment.

[iregretitall]

UPDATE: I spoke to NationalDebtLine and they advised me to obtain N245 & EX160 forms from my county court which I did today and have completed these and as I am on JSA I can offer £1 a month.

 

I have completed these just waiting for my partner to get her previous 3 months bank statements as we are below the threshold to pay the costs.

 

Any other pointers that I should know before handing this in will be very much appreciated.

 

NationalDebtLine advised me not to come to an arrangement with the creditor directly and to do it via the court.