CCJ issued to old address

[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!

[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?

[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)

[asokn]

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

[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?