CCJ - Help

[ZKW2021]

I have recently checked my credit file noticing that i have a CCJ issued against me (dated 21/01/21) which i have not had any papers for. Upon noticing the CCJ i have rang the court and realised the debt is for electric/gas for a address i previously lived at. It was originally lowell who were dealing with it and have passed it to overdale solicitors.

The address the court had was my mothers address and that is where previous letters reference the debt has gone to however, i don't live there i moved out just before Christmas. Secondly, I don't believe i owe the full amount they are asking for.

My main issue here is i really want the ccj off my credit report as I am looking to get a mortgage/car finance in a few years and this will have a major impact after i have worked so hard last year to clear off any old debts on my report.

The only letters i have received are -
1) Notice of acting - dated 15/09/21
2) Notice of claim issue - dated 29/12/21

Are either the above referred to as letter of claim? I would have presumed the 2nd letter was the letter of claim? If so, am i able to appeal the CCJ as after speaking to the courts they informed me the date of issue was the 16/12/21 which was before i received the 2nd letter?

I have no issue paying the debt but I am trying to avoid this going onto my credit file by getting it set aside as I don't understand how the issue date on the claim form can be before the notice of claim letter? I am unable to get it cancelled now if i pay the debt as i have missed the within 1 month timescale (rather annoying) hence me trying to check if i can get it set aside.

[AndrewC]

If someone issues a claim against you, it's only fair that you have the chance to respond before the court makes a decision.

That's why the claim form must be "served" on you. To serve a claim form means to take specific steps to bring it to your attention.

Usually, this means the claimant must provide the court with an appropriate address for you. The court then sends the claim form to that address, so that the defendant can respond.

What is the correct address for serving a claim form?

Part 6 of the Civil Procedure Rules prescribe how to serve a claim form. In most claims against individuals, that means sending it to the usual or last known residence .

Note that the word is 'residence' and not 'address'. It's not enough for the claim form to be sent to a contact address, such as a friend or family member.

If the claimant has reason to believe that you no longer live at the last known residence, they must take reasonable steps to find out your current residence before starting the claim.

However, if they have no reason to believe you've moved home, then a claimant can often argue that the claim form was correctly served, because it was sent to the last known residence, even if you didn't receive it. That appears to be what has happened here.

Nevertheless, the court can still set aside the judgment if you can show another good reason. Please find attached an extract from a book I'm writing.

Other good reasons for setting aside judgment.pdf

This explains what you need to know.

I value any feedback can you can give. Please could you let me know if it's helpful and anything I need to do to improve it.

Thanks