CCJ

[Baiji]

Hello

I need some advice and guidance if anyone can help please?
I just realised that I was issued with a ccj in January towards vanquis credit card debt and was never made aware of the court proceedings and now the court has sent out a bailiff order to my sister's address?
I want some advice on how to stop this bailiff order and how do I start with the set aside judgement as the debt collection agency had my recent address on file but never sent any court proceedings to that address but sent all the letters to an old address that I had moved since 2012

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Can someone please help me as to how do I stop the bailiffs as they have my sister's address and that's how I found out about the ccj and I don't live at that address

[Baiji]

Re: CCJ

Hello....
I have been advised by the court to start the n244 application but when I spoke to the claimant they asked me to fill in the n245 form...
My major concern is the ccj and I want than removed from my file and have bailiffs warrant to suspend as well...
How do I go about in this scenario as I feel very lost and confused...
Is anyone here who could help me please?

[warwick65]

Re: CCJ

[MENTION=6]Amethyst[/MENTION]

Hopefully she will be able to give some advice

Just as a starter, do you know what address the claim form was sent to?

[Baiji]

Re: CCJ

[MENTION=6]Amethyst[/MENTION]

Hopefully she will be able to give some advice

Just as a starter, do you know what address the claim form was sent to?

It was sent to my old address since 2012. I have moved since and had provided the debt collection agency which is PRA Group with my new address

[Diana M]

Re: CCJ

I have been advised by the court to start the n244 application but when I spoke to the claimant they asked me to fill in the n245 form...
My major concern is the ccj and I want than removed from my file and have bailiffs warrant to suspend as well...
How do I go about in this scenario as I feel very lost and confused...

Do you still need help with this set aside for a PRA Default Judgment (CCJ)?

I can see from your first post that the claim was served on an address where you haven't lived since 2012.

You only discovered that you had the CCJ in January so how did you find out? You need to move swiftly now that you know it exists, especially since the Judgment Creditor has started enforcement proceedings.

This is what needs to be achieved >

1. Go to Trust Online and search under your name and the address on the CCJ because this will give you the claim reference number. All Default Judgments are registered.

2. Get a copy of the claim form by contacting NCCBC. They won't have the actual form but the Case Details will be available including the Particulars of Claim. You will need to tell them the claim reference, your name and date of birth to clear security.

3. Ask them for a copy of the Judgment too.

4. If PRA is the Claimant you may need to approach them to consent to your Application to set aside, or if there were solicitors instructed/on record (ask the court who they are) it may be appropriate to approach them direct. However I see you have already spoken to PRA so did you (a) ask them to consent to the set aside, and (b) ask them for a copy of the CCJ and the Judgment?

5. If a Warrant of Control has been served at your sister's address some of the above information may be on it (claim reference number and solicitor details).

7. How much is the CCJ ?

8. You will need to file/serve an Application to set aside the CCJ supported by a Witness Statement which tells the court the reason why the Claimant could/should have known you weren't living at the address where it was served etc. You say in post #4 that you told PRA your change of address.

9. You will also need to file/serve a Draft Defence to demonstrate that you have reasonable prospects of success if you were given the opportunity to defend the claim if the CCJ were to be set aside.

I can't comment on the last point without knowing anything about the history of the Vanquis account.

That's probably enough homework for one day so post again when/if you need help with the next stage.

Di

[Baiji]

Re: CCJ

Hi Diana,

Thanks a lot for your reply. It helps a lot.

I found out about the CCJ, when my sister received the warrant letter on my name from the courts. Until than I didn't know anything about it. I spoke to PRA and they advised me to speak to tgeir solicitors which I did do and asked for all the documents be sent to my current address.
I haven't received anything so far but I spoke to their solicitors regarding consenting towards set aside application and they said they will speak to PRA and get back to me but no news. I wrote a letter as well to themselves and PRA but so far no news.
Can I go ahead with the application as I am more concerned regarding the bailiffs as they have my sister's address and she's disabled?
How do I to me or serve the draft defence?
The actual debt was for 1853 but the CCJ is for 2253....

[Diana M]

Re: CCJ

Hi Diana,

Thanks a lot for your reply. It helps a lot.

I found out about the CCJ, when my sister received the warrant letter on my name from the courts. Until than I didn't know anything about it. I spoke to PRA and they advised me to speak to tgeir solicitors which I did do and asked for all the documents be sent to my current address.
I haven't received anything so far but I spoke to their solicitors regarding consenting towards set aside application and they said they will speak to PRA and get back to me but no news. I wrote a letter as well to themselves and PRA but so far no news.
Can I go ahead with the application as I am more concerned regarding the bailiffs as they have my sister's address and she's disabled?
How do I to me or serve the draft defence?
The actual debt was for 1853 but the CCJ is for 2253....

You've put PRA and their solicitors on notice that you intend to file an Application for a set aside. You have also informed them of your current address.

If this was done over the phone then I would write to them confirming the contents of your telephone conversation so there can be no doubt.

It appears they may have said that they will seek their clients instructions on consent to the set aside, but perhaps made no promises about the enforcement by bailiffs (i.e. suspend the Warrant) in the meantime. You need peace of mind on this particular issue.

I would call the court named on the Warrant and ask them the status. Did you ask the solicitors to suspend the Warrant pending the outcome of any Application to set aside the CCJ?

Who are the solicitors? Is it Judge & Priestly or Howell Jones or A N Other?

Di

[Baiji]

Re: CCJ

Yes I have written to both the solicitors and PRA.

It's judge & Priestley.
I did ask them to suspend the warrant and they said they will speak to tgeir client and get back to me but not heard back
Ok will call the court on Monday.

So it it advisable to apply for the set aside judgement?

[Baiji]

Re: CCJ

Hi I found out that the court has accepted my set aside judgement but have still not suspended the warrant. Have been trying to contact the court but no joy there....
Will I have to make another application to suspend the warrant?

[Diana M]

Re: CCJ

I found out that the court has accepted my set aside judgement but have still not suspended the warrant. Have been trying to contact the court but no joy there....
Will I have to make another application to suspend the warrant?

How have you found out that the court has "accepted" your set aside? Who told you that since you say you've not been able to make contact with the court?

If there's a court Order then you will be sent a copy (does the court have your current address?).

That Order is likely to have Directions ordering you to file your Defence to the claim within 14 days or by a certain date.

If there is no CCJ (because it's been set aside) then there can be no enforcement of it (bailiffs).

You need a copy of that Order so that you can deal with the Warrant issue.

Di

[Baiji]

Re: CCJ

I called Northampton business centre as I filed the n244 on Monday, hence I called them again today to check on the status.
They advised me that they have sent my application to the court near my address for a set aside judgement and I should contact them.
Does that mean they have accepted the set aside application?
But when I checked on the status of the warrant as I had also asked them to suspend the warrant as it's been issued for the wrong address, they said it's still active hence I am really confused...
Does this all mean it's still being processed?

[Diana M]

Re: CCJ

I called Northampton business centre as I filed the n244 on Monday, hence I called them again today to check on the status.
They advised me that they have sent my application to the court near my address for a set aside judgement and I should contact them.
Does that mean they have accepted the set aside application?
But when I checked on the status of the warrant as I had also asked them to suspend the warrant as it's been issued for the wrong address, they said it's still active hence I am really confused...
Does this all mean it's still being processed?

Ah, well that means the set aside has not been granted.

Your Application has been sent to your local county court for a DJ to decide what should happen next since NCCBC don't deal with these things.

The other side has the option to file a WS contesting your Application or they can Consent to it.

That's where you're at.

You need the Warrant to be suspended pending the outcome of the set aside Application which may be decided at a Hearing which may not be listed for a few weeks.

Di

[Baiji]

Re: CCJ

Hi thanks a lot for your advice. How do I get the warrant suspended as when I called the court they said I need to contact the court that's dealing with my application but when I called the court they told me they still haven't received the file hence can't say anything...
I am just very confused....

[mr_c]

Re: CCJ

I believe you ask for the warrant to be suspended as part of your N244 application.
That is what i did with mine, but I have heard nothing since and I am coming up to about a month since i submitted my application

[Baiji]

Re: CCJ

Yes I did and not heard anything about that. All they said is my file has been transferred to the court near me.
Hope the bailiffs don't turn up at my sister's address as that's not my residential address...