3 ccjs at old addresses

[renee125]

I received a ccj through the post which looked like it had originally been sent to my old address then amended and sent to my current address.

I checked my credit report and turns out I have 3 at old addresses.

I missed the 30 day deadline to pay them due to going to the wrong addresses but don’t have the money to pay them anyway.

 

They are

 

1. Lowell’s £241 for a H&M account

2. Lowell’s £549 for a credit card

3. BW legal £414 pay day loan -i took out for partner but he never paid

 

they we’re all due to be statute barred this year accord to my credit report.

 

ive lived at my current address 18 months and on the electoral roll since day one.

Two ccjs went to my last registered address which I left in 2016 and one went to the address before that which I left in 2012.

 

2016 I moved into a woman’s refuge due to domestic abuse inc financial abuse where my partner would give me “pocket money” and clearly hid letters about debts as he’d told me he’d paid them! He even lied to hmrc about his income causing an over payment that I now have to pay back!

 

I haven’t worked since 2013 as had to stay home with the kids while he worked and since being on my own childcare proved to expensive to go back to work.

I called step change and they’ve said to offer a token £1 payment using form N245 as my income is -£250 a month so I don’t have the money to pay the ccjs.

 

i was thinking a DRO might be better as I have other debts on my credit file too including another pay day loan coming up for statute barred so they’re likely to apply for another ccj.

 

i really don’t want bailiffs turning up

[dx100uk]

i'm interested in the one where you say the address was amended, what was amended the address on the judgement after they got it, expand please.

 

I think you need to be clear on what a bailiffs can actually do on a consumer credit debt.

the truth being very little if you ignore them.

you don't have to even engage with them

there is most certainly no right of forced entry on CCJ's so forget about losing your kids toys like you feared in your other thread.

 

not the best resolution p'haps.

but dont go thinking every CCJ gets bailiffs involved

its only if the claimant goes back and asks for them to be involved

 

until or unless any of the claimants chase you i'd let things run.

 

now the DRO

its never a good idea to turn unsecured consumer credit debts into something more formal.

you indicate you have other debts too.

you also indicate you have numerous PDL's

I would be starting an irresponsible lending claim against EACH PDL lender inc the one with the CCJ.

 

if you credit rating was already shot [sounds like it] with numerous default and other PDL's you could be in for a good wipeout of them and poss money to you pocket

[renee125]

I received a letter from bw legal saying a ccj had been issued against me and they’d included the form.

it was a county court form and my old address was on the left crossed out in red pen and my new address on the right in the second defendant box.

It had a red date stamp on the bottom so I guess they sent it back to the courts and got it amended maybe??

However I ignored it cause it came from bw legal and not the courts

 

Thought I’d be proactive and find out when I last paid vanquis but they said they don’t hold any information as it was all passed to Lowell in 2013.

Edited February 14, 2019 by dx100uk
merge

[dx100uk]

well you cold scan it up to PDF read upload

then we can see it and try like you to work things out.

 

do you remember when you took this vanquis card out?

nothing on you credit file?

 

is there a possibility that you hadn't paid it for 6yrs before they got the CCJ?

just because it was poss SB'd that wouldnt stop them from getting a backdoor CCJ as no human ever checks anything

[AndyOrch]

Northampton CCBC MCOL will have altered the address manually and returned it to the Claimants Sol to serve on you...you should have responded to it.

 

Andy

[renee125]

I know now I should have responded.

 

I took out the vanquis in 2011. Credit file says default is April 2013 but I wondered if I stopped paying before that which is why I called.

[renee125]

So should I do an N245 form?

[dx100uk]

can you scan up the letter BW sent please PDF read upload

when was this sent to you if you cant do that///

[renee125]

Heres the pdf. sorry it took a while to do.

bwlegal.pdf

[AndyOrch]

Have you not heard anything else since the 13th Nov letter ?

[renee125]

Yes. Had a letter saying that I had to pay £50 a month starting January I think and then another letter saying I’d missed the payments.

 

I also took my brothers advice to write to the court asking for the judgement to be set aside. He’s successfully done it before but not even sure what grounds he wanted me to argue it on. But that just resulted in the court telling me to fill out a form and submit it which I’ve not done after reading more about it on this forum

[honeybee13]

What form did the court ask you to complete please?

 

HB

[dx100uk]

N244?

[renee125]

Yes N244

[AndyOrch]

You dont have a valid reason to set a side...unless you can prove they had your new address.....so follow the advice you have already been given by Stepchange...

 

" I called step change and they’ve said to offer a token £1 payment using form N245 as my income is -£250 a month so I don’t have the money to pay the ccjs."

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Feb-2017**

[renee125]

So does that mean i’ll Have them forever then? I assume ccjs drop off 6 years after cleared?

 

Also what about the other two ccjs?

 

Doesn’t the fact that I’m on the electoral roll count or do I have to notify them personally of a change of address?

Edited February 22, 2019 by Andyorch
Merged

[AndyOrch]

Correct it does fall off the Credit Files....but its still enforceable and collectable....unless you have paid it in full.

 

The other CCJs are they chasing...have they wrote to you ?

 

Its your responsibility to update all creditors with a COA

[renee125]

They’re not chasing me at this address but did write to me here so don’t know why the ccjs went to old addresses unless they were fishing to see if I was really here and the ccj has to go to the address they have in record.

 

So to clarify the ccjs fall off automatically after 6 years whether cleared or not? Or only if cleared?

 

What about what dx100uk said about irresponsible lending?

[AndyOrch]

The CCJs will show on your CRAs for a period of 6 years..like normal defaults.....It will appear on the CCJs Register for 6 years...whether paid or not paid.

 

Even when they fall off it does not stop the threat of Bailiffs ...they can try to enforce after 6 years.

 

Creditors are allowed to serve a court claim at the last know previous address unless you have written proof that you have updated the address and they have since written to you at the new address before the claim was made.

 

If you wish to consider a ILC that must be made to the original creditor and has no connection to the CCJs

[renee125]

So if they’ve written to me at my current address just before the claim but I’ve not updated them I can’t apply for it to be set aside cause I didn’t formally update them?

 

Also if I do contact them is there a chance they can reissue the ccj so I get the 31 days to pay like bw legal did?

 

I’m not really sure what to do about those two.

 

this also brings me back to my original question about a DRO cause I don’t want to be chased for the rest of my life. 3 debts are already formalised I only have 2 more defaults after them and 1 I don’t have a chance in hell of ever paying

Edited February 22, 2019 by renee125

[AndyOrch]

So if they’ve written to me at my current address just before the claim but I’ve not updated them I can’t apply for it to be set aside cause I didn’t formally update them? If they have written to you at your current address before the claim then yes you can set a side

Also if I do contact them is there a chance they can reissue the ccj so I get the 31 days to pay like bw legal did? No

 

I’m not really sure what to do about those two.Dont do anything subject to the date of the CCJs..unless they contact you

 

this also brings me back to my original question about a DRO cause I don’t want to be chased for the rest of my life. 3 debts are already formalised I only have 2 more defaults after them and 1 I don’t have a chance in hell of ever paying

 

DROs are an option providing you full fill the qualifying criteria....

 

What are the qualifying criteria for a Debt Relief Order

 

You must have no more than £50 left over each month after paying your household bills

You can’t own a vehicle that’s worth more than £1,000 – though vehicles adapted to help you with a physical disability are exempt from this cap

You must not be subject to any current bankruptcy or IVA proceedings or have had a DRO approved in the last six years

You can’t be a homeowner

You live in England, Wales or Northern Ireland

Your current qualifying debt balances must not total more than £20,000

You can’t own assets worth more than £1,000

You must have lived or run a business in England, Wales or Northern Ireland for the last three years

An official receiver will be assigned to deal with your DRO application. The official receiver can investigate your application and reject it if you have:

 

Given away a property or sold it for less than it’s worth in the last two years

Favoured any of your creditors by paying one more than others in the last two years

If you apply for a debt relief order (DRO) it’s an offence to mislead the official receiver about your situation.

[renee125]

Well I’ve obviously paid some of my creditors or i’d Be even worse off so I don’t qualify for a DRO either then.

 

So sounds like there’s nothing else I can do then

[AndyOrch]

Well I personally would hold fire for now and do nothing with regards to the other 2 CCjs unless they make contact...once over 6 years and providing you have not made any payment to the CCJ the Judgment claimant must seek permission to enforce the judgment (IE Instruct Bailiffs)

 

In regards to the one we are discussing here (2018)...until you actually receive notification that they have applied for a Warrant..do nothing..but if they do then you must submit an N245 and get a regular minimal payment going on a legal footing through the court.

 

Andy

[London1971]

In my experience it's completely random. One CCJ I received in December 2012, I ignored the You must pay us 50ppm letter, and it dropped of my CRA file acouple of months ago with no attempt to enforce it. Another one I had from Lowell, it took them 2 years to contact me threatening enforcement, and the last one was immediate.

 

It's definitely the best advice to sit tight and wait for them to contact you.

[renee125]

Hi

 

i just found a letter dated sept 2018 at my current address from Lowell who have applied for a CCj at my old address. Can I use this as proof to get the ccj set aside?