Help with a CCJ matter

[moonstar1981]

Hi there,

 

I'm in need of some help relating to a CCJ matter. I've outlined the story and facts below and I'm hoping someone might just be able to help me.

 

Basically, Since Jan 2009 up until Nov 2011 I was living in Australia. Most recently upon a mortgage application I've found out that a CCJ was made against me in 2010 from someone whom I lived with for a very short time. The amount was £3000+.

 

Here are the details on my situation:

 

In July 2006 I went to view a property rental through a girl for a room in a 2 bed room flat. She had a friend whom who she had fallen out with who was moving out and looking for someone to take on the lease. Their lease with the management company officially ran out on the 27th August. The friends official move out date was 27th August, but she moved out on 1st August. The property was managed by a management company. The girl renting made an offer to me, to move in on the 1st August on a trial/visitor basis and on the 28th August start paying rent and become an official tenant from 28th August. Her words in here email "could think of it a trial run". I took this offer up and upon moving in after my first week found our that I just couldn't live with this person nor was I made aware that I'd be living with her boyfriend at the time to. I have emails stating about the trial/visitor aspect and also emails highlighting the bills where she has included her boyfriend should be paying bills to. I moved out at the end of my trial and I made her aware after my 2nd week that I did not want to stay any longer at the property and would not be entering into a joint tenancy with her. She said it was ok for me to leave at the end of the month and I did so. I gave her £120 to cover any bills incurred and thought that would be the end of it.

 

On the CCJ - She has claimed that I have lived at the property from August 2006 - December 2006 and claimed all bills and rent accountable during this period also as well as the 8% interest since 2006 when she entered her claim on 2010.

 

I know I need to fill out form N244 for this case to be possibly reviewed. I contacted the girl and she's very deluded in saying that I owe this amount and she says they have proof with emails I've sent them. I remember I said at the time I'd pay her some more money than I already had done, just to help her out but I've never at all agreed with the amounts she's trying to claim I owe her. I have the email she sent me stating its a trial/visitor period for my initial move in, an email from the management company which states that I have never officially lived at the property, the email I'd originally sent to the girl stating my intention to leave dated 17th Aug (2 weeks after moving in) and her acknowledgement. I also have an email somewhere of a tenancy I'd taken up with my work colleague to live elsewhere which was from September 2006.

 

I know I've definitely got 2 things for the N244. 1) I was not living in the country when the papers were served (they were sent to my parents address but they said they never received any court documents 2) I have not had chance to defend myself on this case.

 

Can anyone help me with this matter on how I can sort this out as I don't feel she is going to budge at all. I'd happily offer her £500 if she removes the CCJ herself but she's claiming I owe the full amount. It's affecting my credit rating and more importantly, stopping me obtaining a mortgage.

 

Many Thanks

[citizenB]

I will flag your thread for site team.

 

Have also relocated your thread in legal issues

[citizenB]

Do you have proof that you were living elsewhere at the times the claim form suggests you were living with this person ?

[moonstar1981]

Hi,

 

I've emailed my old mate that I lived with to see if he still has our old tenancy agreement. I think it would be dated from September onwards.

 

would this help?

[citizenB]

Hi,

 

I've emailed my old mate that I lived with to see if he still has our old tenancy agreement. I think it would be dated from September onwards.

 

would this help?

 

 

It would certainly help your defence and knock her claim back ..

 

If you were to be able to get the judgment set aside, then I think you basically need to show that you would have been able to mount a defence and have been denied the opportunity.

[moonstar1981]

It would certainly help your defence and knock her claim back ..

 

If you were to be able to get the judgment set aside, then I think you basically need to show that you would have been able to mount a defence and have been denied the opportunity.

 

Thanks for your help I'll definitely try to aquire it and then get it set aside on those grounds.

[citizenB]

Apparently you should have no problems setting this aside for the reasons you had in the first place.

 

But IMHO, it would be in your interest to have that proof of non residency.