Address on form for CCJ

[Gargar]

Where do I stand if a company sent forms related to a CCJ to an address that did not exist? It was similar to my address but would never have actually got to - just a building name with 100's of flats in it. Also the CCJ does not appear in any credit search or trust online.

[Amethyst]

If there is a Judgment then you could look at applying to have it set aside. What makes you think you have a judgment against you? When was the judgment awarded ? and approx. how much ?

Set Aside Application info

[Gargar]

Well Lowell chasing on behalf of an Egg card - which is an account I had around 14 years ago and defaulted in 2007. I maintain its statued barred but they say I made a payment to them (lowells) Sep 2011 within 6 years of the original Egg default so could not be statute barred (I can't remember this payment) as the 2011 payments were 4 years after the initial cause of action - thus the debt can never be statute barred. Is that correct? (Section 5 of the Limitation Act 1980)

[jaguarsuk]

Well Lowell chasing on behalf of an Egg card - which is an account I had around 14 years ago and defaulted in 2007. I maintain its statued barred but they say I made a payment to them (lowells) Sep 2011 within 6 years of the original Egg default so could not be statute barred (I can't remember this payment) as the 2011 payments were 4 years after the initial cause of action - thus the debt can never be statute barred. Is that correct? (Section 5 of the Limitation Act 1980)

Yes if you made a payment in 2011 that reset the clock. What is the date of issue on the Claim form? And if you haven't got a copy of the claim form contact the court to get one.

[Amethyst]

Can you get your bank records for the date they say you made the payment ? It's a good idea to write and ask them for more details of this alleged payment - amount, date, method of payment etc

[Gargar]

Yes if you made a payment in 2011 that reset the clock. What is the date of issue on the Claim form? And if you haven't got a copy of the claim form contact the court to get one.

I have. The complication is its an account I closed in 2013 - but I have asked!

[Gargar]

'Yes if you made a payment in 2011 that reset the clock. What is the date of issue on the Claim form? And if you haven't got a copy of the claim form contact the court to get one.'

They are claiming the last payment was 28/6/2012 - so if there is no CCJ - even if I did make a payment in 2012 that reset the clock then on the 29th June 2018 it would be statued barred again?

[jaguarsuk]

'Yes if you made a payment in 2011 that reset the clock. What is the date of issue on the Claim form? And if you haven't got a copy of the claim form contact the court to get one.'

They are claiming the last payment was 28/6/2012 - so if there is no CCJ - even if I did make a payment in 2012 that reset the clock then on the 29th June 2018 it would be statued barred again?

The clock stopped the day they filed the claim and even if you set this judgement aside you will then have to defend the claim. It won't matter if the hearing is after 29th June 2018 as this claim was filed before the debt became statute barred.

How have you found out about the judgement?

When did you find out about it?

Have you contacted the claimant about it? If so, when was the first contact?

Have you contacted the court about it? If so, when was the first contact?

[Gargar]

The clock stopped the day they filed the claim and even if you set this judgement aside you will then have to defend the claim. It won't matter if the hearing is after 29th June 2018 as this claim was filed before the debt became statute barred.

How have you found out about the judgement?

When did you find out about it?

Have you contacted the claimant about it? If so, when was the first contact?

Have you contacted the court about it? If so, when was the first contact?

OK, that is useful to know.

They sent the paperwork to an incorrect address that I had never lived in initially regarding a CCJ dated 12th April 2016 for monthly instalments of £50. I had no idea this had happened. Then on the 15th March 2018 a Warrant of Control was issued for the balance of £179.25 (not sure why that amount) overall amount owed is £1,002.59. I found out about that in early May when my neighbour handed me a letter he'd taken in by accident (we live in a house separated into flats on each floor - so share a post box. I then contacted Lowell.

I contacted the court last week.

I cant find any trace on the CCJ on any credit reporting firm or trustonline. I have asked the court for all their paperwork.

I think the options I have are:

If there is a CCJ I can ask to be set aside and if granted I could ask for the them to prove the debt etc? If there is no CCJ (unlikely they'd make it up though) then it would be statute barred again 29th June (going by their records)

[jaguarsuk]

OK, that is useful to know.

They sent the paperwork to an incorrect address that I had never lived in initially regarding a CCJ dated 12th April 2016 for monthly instalments of £50. I had no idea this had happened. Then on the 15th March 2018 a Warrant of Control was issued for the balance of £179.25 (not sure why that amount) overall amount owed is £1,002.59. I found out about that in early May when my neighbour handed me a letter he'd taken in by accident (we live in a house separated into flats on each floor - so share a post box. I then contacted Lowell.

I contacted the court last week.

I cant find any trace on the CCJ on any credit reporting firm or trustonline. I have asked the court for all their paperwork.

I think the options I have are:

If there is a CCJ I can ask to be set aside and if granted I could ask for the them to prove the debt etc? If there is no CCJ (unlikely they'd make it up though) then it would be statute barred again 29th June (going by their records)

If a warrant of control has been issued the CCJ exists as there first has to be a judgement.

Your first action should be to contact Northampton County Court Business Centre to obtain copies of the claim form and judgement.

ASAP write to Lowell telling them you intend to apply to set the judgement aside and asking them to consent to it within 7 days. State that the cost of the application will be £255 and you intend to ask the court for a costs order against them if you are successful.

If they refuse or you do not hear back in 7 days you will need to make an application to set the judgement aside pursuant to CPR 13.2. More info about set aside can be found here: http://legalbeagles.info/forums/foru...tailed-version

The cost of an application will be £255, but if successful you will be awarded this back in costs against the Claimant.

Filing an application is done on a N244 form either to the CCBC or you can go to your local court if you wish to file it there.

In the following sections:

3: Set aside the judgement dated 12/04/2016 for claim number XXXXXXX due to the Defendant not receiving the claim form as it was served on an address at which the defendant has never resided pursuant to CPR Part 13.2.

4: No

5: without a hearing

6: 10 minutes & No

8: District Judge

9: The Claimant

10: the attached witness statement

Write a Witness Statements in support of your application along the lines of:

I <<Name>> of <<address>>being the Defendant in this matter will state as follows

1. I make this Witness Statement in support of my Application to Set Aside the Judgement dated 12/04/2016 in this claim pursuant to CPR 13.2. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. I recently found out about the judgement dated 12/04/2016 for claim number XXXXXXX when my neighbour handed me a letter mistakenly delivered to them about it.

3. I contacted Northampton County Court Business Centre as I did not recognise the claim having never received a claim form and they sent me a copy of it.

4. I dispute the sum claimed is owed and had I been in receipt of the claim would have defended it.

5. On 07/06/2018 I contacted the Claimant to obtain their consent to set this judgement aside, but they have failed to respond/refused to consent.<-delete as a ppropriate

6. I respectfully request the court set the judgement aside and revoke the Warrant of Control Issued on 15/05/2018.

7. Further I respectfully request that the Claimant be ordered to pay the Defendant the cost of this application being £255.00.

Statement of Truth

I, <<NAME>>, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________