CCJ issued to old address

[natpinnock]

Hi everyone, I am in the process of setting up a DMP with CCCS. I checked my credit report (which I've been too scared to so for a long time) and found I have a CCJ which was registered on 11/04/2011 to an address I lived at when I was a student (about 4 years ago). This is for a payday loan debt I hoped had gone away. Does anyone know if a CCJ is enforceable if it has been issued to an old address, as I had no knowledge of it and was unable to put together any defence? Or is there any process I can go through to appeal it or get it set aside? Thanks

[BRIGADIER2JCS]

The CCJ is enforceable, but if you did not receive the claim papers so

you could not defend the case then you would need to get the order

set aside.

Get in touch with the court that issued the CCJ.

[asokn]

What address did you give the payday loan company when you took out the loan? To what address is the judgment registered?

 

P.S. Never try to make these things 'go away', they simply never do!

[natpinnock]

I'm slowly learning that now asokn! Address of loan and judgement are the same, but have since moved. Thanks for your help!

[National Debtline]

Hello there.

 

If the creditor sought court proceedings at an address where they believed you to be living at the time (i.e. your last known address) a set aside is discretionary. A set aside may be agreed if you have a real prospect of defending the claim or if the court is satisfied that there is some other good reason why the judgment should be set aside. Please also bear in mind that set aside applications should be made 'promptly'.

 

If the claim was sent to an old address, i.e. the creditor was made aware that you had moved you should be allowed to have the judgment set aside as a matter of right.

 

From the information provided if the creditor wasn't made aware that you had moved you may encounter great difficulties in obtaining a set aside - especially if there is no realistic prospect of success in defending the claim.

 

We expand on these points within our fact sheet, you can find it here:

 

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

 

Best wishes,

 

National Debtline.

[asokn]

Yep, excellent advice there. I was trying to ascertain whether the claim was properly served and it does seem that it was which means you have to rely on the court's discretionary powers based, primarily, on whether you have a defence to the claim.

 

So, why don't you owe the money?

[numbers666]

From the information provided if the creditor wasn't made aware that you had moved you may encounter great difficulties in obtaining a set aside - especially if there is no realistic prospect of success in defending the claim.

 

Sorry to disagree, but there is no provision to provide current address to any company. If they wish to perform due diligence, they can obtain via public records an address for a debtor. Also it would be probable that mail was returned / not replied to if sent to previous address and a judgement entered in default.

 

This can form the basis for a S-A.

 

Also there would most probably be charges on the loan that are not correct therefore the OP can seek to challenge the amount claimed.

 

Look around here for Pay Day loans and the challenges to the 30 day period.... the only amount due under these are the original amount loaned and one months interest.

 

Also had you the oppotunity to defend you would have challenged these alledged charges and mitigated the amount claimed.

 

N

[asokn]

 

Sorry to disagree, but there is no provision to provide current address to any company. If they wish to perform due diligence, they can obtain via public records an address for a debtor. Also it would be probable that mail was returned / not replied to if sent to previous address and a judgement entered in default.

 

This can form the basis for a S-A.

 

N

 

Most contracts, but by no means all, will include a term for the debtor to keep the creditor informed of their address if it changes. Also most will have a provision that service at the last known address will be deemed sufficient service.

 

There is no requirement for a creditor to perform 'due diligence' before effecting service unless they have reasonable grounds to believe the debtor was not at that address at the time (and this belief is usually countered by reliance on those contractual terms)

[natpinnock]

Right guys, thanks for all your help so far, heres an update on my poor state of financial affairs:I have searched old emails and found that on 22nd Dec 2010 I agreed to pay £50 a month to clear the account. Tower capital then stated that no further action would be taken. I have not yet checked old bank statements (need to request from bank as I dont have access to that account anymore) but I am presuming for some reason this wasnt collected by them (they were meant to be collecting the payment with my card details) and then the judgement was entered in April 2011. I have received no further correspondence from them after setting up the payment plan, and had presumed that the account was clear. I didn't ever provide my new address however. Does this provide me with any further grounds for a set aside? I.e. set up and arrangement but received no further contact from creditor when they could not take payment?Also I have not yet contacted Tower Capital regarding this. Is there any way I can get them to remove the judgement if i pay the outstaning balance in full, do they have any power to request this or does it all sit with the court now? I know I am clutching at straws but I need all the help posible with this, I'd rather give it a shot than just lie down and be left with a CCJ for 5 more years. Thanks in advance.

[Ganymede]

To set the CCJ aside you will need to have good prospects of defending. What would you defence be? Agreeing to pay and then not making the payments probably won't be enough on its own.

 

If the CCJ is not set aside the only was to get rid of it is to pay up. However, is will still show on your credit file just marked as 'satisfied'.

[asokn]

Did you not realise that the payments were not being taken?

[natpinnock]

No i didnt realise the payments were not being taken - I'm waiting to receive some copy statements from the old account so will trawl through then. My defense would be that I had contacted them to make a payments arrangement and started making payments, but then for some reason they stopped being taken. Had I recevied the forms/known about the CCJ I would have been able to contact them regarding the missing payments and rectify the situation within the appropriate time limits. Also is it not in my favour that they did not contact me to day they werent getting the payments before going in for the CCJ?Again clutching at straws but its my only hope so it would be great if someone could advise of the best couse of action with the set aside. Should I contact the creditor or just deal with the courts only? Thanks

[Ganymede]

I think the duty is on you to make sure the payments are made.

 

In any event if you did not receive the Court forms you could try for the set aside on these grounds. You could then try and set up the payments again.

[asokn]

Have a look at Part 6 of the CPR which deals with service. Decide whether or not you were served with the claim. Then look at CPR Part 13 and decide whether a mandatory or discretionary ground (or both or neither) apply in your case.

[asokn]

Any further thoughts about this one OP?

[natpinnock]

Hi again, With reference to part 6 the following paragraph stands out: Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).As I had not replied to any previous correspondence sent to the old address, surely that would have reason to believe this is an address at which I no longer reside? And "reasonable steps" would have involved checking the electoral roll, at which point I would have shown at a new address. Credit checks would also have shown this. There is also a section regarding alternative methods of service, i.e. electronically - they had my email address, could they not have issued papers this way?Re part 13 I believe mandatory - The judge should believe the defendant would be able to defend the claim. I already had email proof that I was willing to pay the amount, following setting up the payment plan. Had I known about the judgement I would obviously have either paid in full or requested more time to pay by installments. Any advice on how to proceed? Thanks for your help so far.