Set aside ccj

[Snoopy1968]

Hi asking for advice please for a ccj set aside we have on 17/10. Back ground to this we changed from stepchange DMP to selfmanaged DMP in April 23. Pra Group sent us a letter in May 23 re leaving Stepchange. End of May once we had all references and amounts from Stepchange we sent letters to creditors for CCA before making payments, Pra never wrote to us again so we, in hindsight stupidly left it at that. After partner checked her credit file in June this year(24) she found Ccj issued to her at old address, We contacted Northampton Court to query it and it was brought by Pra Group we contacted them to explain we never received any claim due to wrong address and that we would ask for ccj to be set aside, in meantime we have agreed monthly payments to them. In court on 17/10, just found out as Northampton had also sent proceedings to old address!! Partner now in complete panic as to whether attend or not due to anxiety. Is there any point? It was served to wrong address, so could not defend it , we have agreed payment plan in place which at current level would take approx 5years toclear. Due to remortgage next year but with ccj on credit file we think we screwed for that.

In addition because we found this out, i checked with Pragroup for my own debt with them, they confirm they don't hold a CCA so can't enforce or go to court. We think they don't have one for partner as they both originally were Barclaycard circa 2014. Our defence would be sent to wrong address so could not defend. never responded to CCA request plus have now payment plan in place. Any help advice please , are we on right path or wishful thinking. Thanks

[echat11]

Hi Snoopy

Welcome to LB

The fact that the debts might be 'unenforceable' won't help now, as they have enforced them with a CCJ.

Yes attend, maybe an idea to write a Witness Statement (see link below).

https://legalbeagles.info/library/ho...-judgment-ccj/

Also have copies of your evidence e.g. tenancy agreement etc. attach to Witness Statement.

[JK2054]

Yes write a witness statement, file it no later than 3 days before the hearing, send to couut and other side.