Setting Aside a CCJ sent to wrong address

**R0b** · 12th July 2020, 15:33:PM

this order made without notice to them and/or of the Courts own motion may apply, within 7 days of its service upon them, for the order to be set aside or varied.

It means what it says. The Court has made an order itself without the parties in attendance and if either party disagrees with the order, then one can make an application to set aside or vary it. The Civil Procedure Rules dictate that where an order is made of the Court's own motion, it must allow either party the opportunity to challenge the order.

7th July 2020 - The court has ordered the claimant to send the following by 4pm 23rd July. 1. copy of orig contract bearing signature. 2. copy of deed assignment from original creditor. 3. copy of the notice of assignment. 4. the default notice. 5. statement of account between claimant and defendent.

Although you haven't explicitly made it clear, I presume that the above section you mentioned is not the full order and the Court has actually stated that the default judgment has been set aside? If that was the extent of the order then in my eyes it would be completely invalid and of no effect because there is already a judgment obtained by the Claimant - can you confirm this?

It also states default of compliance of the above order this claim shall stand struck out without further order.

This is a crucial part of the order. The Court has explicitly given the Claimant instructions to provide the documents by a specific time and if it cannot do so, then the claim is struck out and goes no further.

On that basis, why would you agree the consent order they have provided you which means you accept liability and agree to pay them the balance owed when they haven't supplied you with all of the documents. That would be suicide.*

A lot of these alleged debts are purchased by third party companies and they quite often struggle to provide the default notice or the notice of assignment which is an essential ingredient for proving credit-related agreements. Where the debt has been bounced around and purchased by various companies, it becomes even more difficult to prove the chain of ownership.

If I was in your shoes, I would ignore their letter because it is already out of date and of no relevance although if you want, you could respond and say the Court has already set aside the order and attach (by email) or enclose (by letter) the Order. That way, they have no excuse that they didn't receive the Order.

The Claimant would have to then ask the Court for an extension of time to find the documents or supply them by the required date or face having it struck out. 90% of the time, the Claimants are not able to source the documents within time or they just give up and allow the claim to be struck out, unless the claim is for a sizeable amount, they may make an application to vary the order but that's generally a rare occasion since it east into their own profits.

However, what you do is entirely your choice.

**sarahjones20** · 12th July 2020, 16:39:PM

Thank You #Rob.

I summarised the court order with the instructions to the claimant.* It does not state anywhere that the judgement has been set aside.**

It says UPON considering the court file, AND UPON the court considering that further evidence is required of assignment to the debt which is the subject of these proceedings.* *The rest of the instructions are as per what I noted in the opening post. I assume they may set aside the order when they see the notices/claim sent to the wrong address.

On my N244 I put in the comments section:

This has appeared on my credit file dated 17 May 2017. Case ref XXXXXX. It was sent to the wrong address. I have not received any communications regarding this. Please could I request this to be set aside and any outstanding balance to be sent to (my current address).

My initials thoughts were the same. Allow the claimant to send respond to the court order and await further instruction. Ignore the letter from the claimant and/or email them that a court order has been received and please supply the documents requested.*

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**sarahjones20** · 12th July 2020, 20:28:PM

Im hoping the judge can see reasonable grounds to set aside the Judgement.* Last payment was made according the claimant Feb 2011.* Default on credit file was noted Sept 2011.* The original creditor I assume sold the debt a few times and then current claimant/debt purchaser applied for CCJ APR 2017 and it went on my file in MAY 2017.* From 2011 to 2017 if they checked the credit file.* They would have seen my electoral details which from 2010 are a different address and it states it clear on my credit file. 6 years later and the claimant files a CCJ at last known address.*

Ive not mentioned the name of the Original Creditor or Claimant. The claimant is mentioned quite a bit in the titles.*

**R0b** · 12th July 2020, 21:17:PM

That's a bit odd really, because think about it, how can a claim be struck out if judgment has already been obtained? It just doesn't make sense and I suspect there's an error on the court's part here, particularly as the existing judgment hasn't been set aside and therefore it won't be removed from your file.*

Maybe in the first instance I suggest you call the court and say the order doesn't make sense, and explain that the application was to set aside a default judgment, and this order doesn't say the judgment has or will be set aside rather the claim be struck out if certain documents aren't disclosed, so it doesn't make sense. Ask them to see if they can put it in front of a judge to consider and re-issue another order and add in the fact that the judgment is set aside or if not, explain under what rule of the CPR can the court strike out a claim where judgment has already been obtained.*

They might say you have to make an application which will cost you again and its up to you whether you want to do that but in my view, the court has been negligent and should correct it but not at your expense although in the end, you might have to make it anyway if you want things to be properly corrected.

**sarahjones20** · 12th July 2020, 21:44:PM

Email sent to NCCBC and Burnley Count Courts to try correct the Order. I will also try call them Monday afternoon.

Do I need to respond to the claimant regarding the Draft Consent Order/proposal? I would like to know what date the default notice was posted to my old address. They have only stated the default was put on my credit file on Sept 2011.

Thank you rob*

**R0b** · 12th July 2020, 22:22:PM

You only need to contact the one dealing with your application and the court where the judge made that order. If it is CCBC then that's the court you need to speak to, otherwise any other court might not have anything on file if yet to be transferred.

Might help to mark your email as urgent in the subject line for quicker response.

**sarahjones20** · 12th July 2020, 22:41:PM

Originally posted by R0b View Post

You only need to contact the one dealing with your application and the court where the judge made that order. If it is CCBC then that's the court you need to speak to, otherwise any other court might not have anything on file if yet to be transferred.

Might help to mark your email as urgent in the subject line for quicker response.

Burnley Court it is.* I ll resend with URGENT

**sarahjones20** · 13th July 2020, 08:25:AM

Spoke to Burnley County Court 9.00am.* They saying wait for the claimants to send in the requested information. Allow the time to expire. The judge wants to see more information before making a decision.* If its not been set aside after the expiry. They have advised to call back. He said you will get a hearing, the judge just wants to see more information. I have sent in the email too. That may trigger a different response.* *

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**R0b** · 13th July 2020, 08:39:AM

I suggest you wait then until the expiry time, but it's a really odd way of going about this. Like I said, I've never seen or heard a situation where a judge can strike out a claim which has already been adjudged unless it is set aside.

In the meantime, you could follow my suggestion above about the contact with the Claimant and give them a copy of the order so they are fully aware but go no further than that.

**sarahjones20** · 13th July 2020, 19:25:PM

Originally posted by R0b View Post

I suggest you wait then until the expiry time, but it's a really odd way of going about this. Like I said, I've never seen or heard a situation where a judge can strike out a claim which has already been adjudged unless it is set aside.
In the meantime, you could follow my suggestion above about the contact with the Claimant and give them a copy of the order so they are fully aware but go no further than that.

i ll scan the Order and send it to them on email.

**sarahjones20** · 14th July 2020, 18:43:PM

Originally posted by R0b View Post

I suggest you wait then until the expiry time, but it's a really odd way of going about this. Like I said, I've never seen or heard a situation where a judge can strike out a claim which has already been adjudged unless it is set aside.

In the meantime, you could follow my suggestion above about the contact with the Claimant and give them a copy of the order so they are fully aware but go no further than that.

An email response received from the courts but saying the same thing as per over the phone.

"The order is for the claimant to provide further details as the judge cannot make a decision without seeing that information"

Waiting game...

**sarahjones20** · 16th July 2020, 14:52:PM

The Claimant has filed a witness statement and sent me a copy.

The Claim relates to a XXXXXXX Ltd Credit Card Account (“the Agreement”) between the Defendant andĀ* Ltd (“the Assignor”), Credit Card Number XXXXXX. The Agreement was entered into by the Defendant on 24 November 2006. The Agreement was registered to the address XXXXXX. A copy of the Agreement has been requested from the Assignor and will be filed to the Court immediately upon receipt of the same.

The Defendant failed to maintain payments in line with the Terms and Conditions of the Agreement. The last payment made to the Account was in the sum of £52.00 and was paid on 7 February 2011 to the Assignor. A copy of the Statement of Account has been requested from the Assignor and will be filed to the Court immediately upon receipt of the same.

A Default was applied on the Defendant’s credit file on or around 30 September 2011. The Defendant was sent the Default Notice on or around a month before the Default was applied. A copy of the Default Notice has been requested from the Assignor and will be filed to the Court immediately upon receipt of the same.

The debt was subject to a legal assignment pursuant to Section 136 of the Law of Property Act 1925 from the Assignor to the Claimant. The Claimant’s internal tracing systems located an address for the Defendant which was XXXXXXX. A copy of the Notice of Assignment dated 18 July 2012 was sent to this address. The balance on assignment was £754.87. A copy of the Deed of Assignment has been requested from the Claimant. A copy of the Notice of Assignment is unavailable on the current computer system used by the Claimant however the Claimant will review if a copy can be reconstituted to be filed at Court upon receipt and update the Court accordingly.

The Claimant continued to attempt to communicate with the Defendant. Examples of letters sent to the Defendant’s address are exhibited hereto at (“MA1”).Ā* Ā*THIS IS DATED JULY 2012.Ā* REQUESTING PAYMENT. ANOTHER LETTER SENT SEPT 2015 OFFERING A 50% DISCOUNT.

The Claimant received no contact from the Defendant despite sending numerous letters and making telephone calls encouraging the Defendant to get in contact. However, no letters were returned as undeliverable. The Claimant’s internal tracing system attempted to locate the Defendant at other addresses however all indications were that he was residing at XXXXXXX

The Claimant instructed Solicitors to assist in the recovery of the outstanding debt. A Letter of Claim was issued to the Defendant dated 5 April 2019 (THIS SHOULD BE 2017) and is exhibited hereto at (“MA2”)..Ā* THE DATE ON THE LETTER OF CLAIM ATTACHED AS AN EXHIBIT IS DATED 22 MARCH 2017. INCORRECT DATE NOTED

As the parties were unable to reach settlement of the debt the Claimant had no option but to commence legal action. Legal proceedings were issued on 13 April 2017, and the Claim Form was deemed served on 18 April 2017. Judgment by Default was entered on 17 May 2017. All correspondence was sent to XXXXXXXXXĀ*Ā*

The Defendant contacted the Claimant on 23 June 2020 by telephone to confirm he had made an Application to set the Judgment aside as it was served at an address to which he did not reside..

THE DEFENDANT’S APPLICATION TO SET ASIDE JUDGMENT

10. The Defendant has filed an Application seeking an Order for the Judgment to be Set Aside.

11. The Defendant confirms his reasons for applying to have the Judgment Set Aside are as follows:

i. The County Court Judgment has appeared on his Credit File dated 17 May 2017.

ii. It was sent to the wrong address and he was not sent any correspondence regarding this.

iii. He requests all correspondence regarding the outstanding balance be sent to his current residence 167 Leamington Road, Blackburn, BB2 6HJ.

12. The Claimant has reviewed this matter and in line with CPR 13.2 and has recognised that correspondence regarding this matter was served at the incorrect address. However, the Claimant confirms that reasonable attempts were made to locate the Defendant and as no mail was returned as undeliverable the Claimant believed that this was the correct address to issue proceedings.

13. A draft Consent Order was sent to the Defendant on 8 July 2020 by letter and 16 July 2020 by email confirming that the Claimant was agreeable to set the Judgment aside by Consent due to the Claim being issued at the incorrect address. The Claimant has not at the time of signing this Witness Statement received a response from the Defendant.

ORDER SOUGHT 14.

The Claimant submits that the Defendant has established mandatory grounds for having the Judgment set aside and respectfully requests that Judgment is set aside without need for a hearing. The Claimant also requests that the Defendant is directed to file and serve a fully particularised defence within 28 days.

OK

None of what has been asked by the Judge has been submitted. Its been requested by the Assigner and will be submitted later.Ā*

Having checked my credit files - Experian and Equifax both have my address details.Ā* Electoral section clearly states. Old Address from 2005 to 2010. Then a new address from 2010 to 2020.Ā*

I did send the court order on email to the claimant. However I didnt make any reference to their draft consent order.Ā* Should I reply to them advising that I have received their letter and email and that that Im awaiting for the documents the courts have requested from the credit card company. ?

The claimant has not mentioned anywhere the offer they made of 50% full and final on their letter 8th July 2020

The claimant has sent a copy of the consent order attached with the witness statement to me on email.

1. Judgment entered by the Claimant dated 17 May 2017 be set aside by consent.
2. The Defendant to file a Defence to the Claim by 28 August 2020.
3. The Claim to be allocated to the Small Claims Track.
4. There be no further Order as to costs.

Ā*

**sarahjones20** · 19th July 2020, 13:55:PM

rob whats the likely response or outcome from the judge based on the above witness statement from the Claimant sent to the courts?

Also will it go against me if ive not replied to the claimant regarding their draft consent order?

Thank you

**sarahjones20** · 14th August 2020, 13:15:PM

Contacted the courts for an update on this. Claimant was ordered to submit information by 24th July.

The courts have said the claimant has not provided the information requested. The case has been struck off. BUT no reference to my CCJ being set a side.

She said she can see the case was asking for a judgement to be put a side. Shes advised to send in an email asking for a judge to set a side the CCJ as the case has been struck out.

Will I have to put in another claim and pay 250 again? Do I make reference to this case and mention the claimant did not provide the information and case was struck out but no mention of my CCJ?

will i be able to reclaim my costs?

Whats the likely hood that a judge will set aside my CCJ?

Setting Aside a CCJ sent to wrong address