Setting aside a CCJ _ wrong defendant?

[Mollie656]

Hello, I’d really appreciate any advice , I’ve spoken to a solicitor and they charge more an hourthan I can afford so I have to try and defend this myself.
I received a warrant of execution for £3800 I’d had absolutely no previous correspondence and when I rang the court they said a judgement had been made against me at a previous address last July. I hadn’t received these papers and had no chance to defend this.
The claim was sent from a director of my fathers previous nursing home to myself. The nursing home was a limited company and I had no contract with this individual lady who had filed the claim. The claim was for nursing home fees for my father. He was a resident for a few months before he was hospitalised as a result of their negligence. When I made the complaint and removed his effects there was approx two weeks fees owing and I’m at a loss to know where this figure has come from.
I moved House shortly after this event and informed the nursing home of my new address. I have kept copies of letters from them to both my old address and also to my new address - however the lady director of this home chose to give my old address to the court. I had no letters or demands for payment sent to me at all.
I filed a form to request that the judgement be set aside because of the fact that my old address was provided to the court. I also sent in copies of the letters I had from the nursing home to both my old and new address, proving that they knew I had moved,and paid the fee of £255
I have now been given a court date to attend and as I can’t afford to pay a solicitor I’m going to have to go myself.
Can anyone tell me what to do please? Should the claim not be from the nursing home ltd to my father, ( which I would dispute on his behalf)? I have never had any sort of contract with this woman,how can she claim this money is owed by me to her? Is it not my fathers debt? ( in dispute!) Can a director of a limited company ask for payment to be made to her personally and not the company?
I’d really appreciate any info as go8ng to court is quite daunting but I have to fight this.

[pt2537]

Hello, I’d really appreciate any advice , I’ve spoken to a solicitor and they charge more an hourthan I can afford so I have to try and defend this myself.
I received a warrant of execution for £3800 I’d had absolutely no previous correspondence and when I rang the court they said a judgement had been made against me at a previous address last July. I hadn’t received these papers and had no chance to defend this.
The claim was sent from a director of my fathers previous nursing home to myself. The nursing home was a limited company and I had no contract with this individual lady who had filed the claim. The claim was for nursing home fees for my father. He was a resident for a few months before he was hospitalised as a result of their negligence. When I made the complaint and removed his effects there was approx two weeks fees owing and I’m at a loss to know where this figure has come from.
I moved House shortly after this event and informed the nursing home of my new address. I have kept copies of letters from them to both my old address and also to my new address - however the lady director of this home chose to give my old address to the court. I had no letters or demands for payment sent to me at all.
I filed a form to request that the judgement be set aside because of the fact that my old address was provided to the court. I also sent in copies of the letters I had from the nursing home to both my old and new address, proving that they knew I had moved,and paid the fee of £255
I have now been given a court date to attend and as I can’t afford to pay a solicitor I’m going to have to go myself.
Can anyone tell me what to do please? Should the claim not be from the nursing home ltd to my father, ( which I would dispute on his behalf)? I have never had any sort of contract with this woman,how can she claim this money is owed by me to her? Is it not my fathers debt? ( in dispute!) Can a director of a limited company ask for payment to be made to her personally and not the company?
I’d really appreciate any info as go8ng to court is quite daunting but I have to fight this.

Hi there

The first question that needs to be asked her in my view, not withstanding the obvious procedural issues with the claim being served on the wrong address and the fact that CPR 13.2 requires the Judgment to be set aside if the claim wasnt served correctly, is who was t he contract with?

You could have entered into a contract with the home to provide your father with care services , if you did this then you could be liable, if you didnt then there is no contract with you. Second it seems that the contract if there was one would be with the limited company, if the Claimant is the individual then their claim falls on its backside.