CCJ I didn't know about, what to do next?

[misselmiee]

I'm all so very new to this! Try to keep it as short as I can. I left the UK in May 2014 to backpack Australia with my then fiancee, he ditched me while I was out there and I carried on and went to New Zealand where I have been until just under 3 weeks ago when I decided to come home for good. I went to rent a room through a company who did a credit check on me and a CCJ came up, they reckoned because I was out the country that someone may have used me name etc thinking I wasn't coming back and they were really good to me and allowed me to move into the room as long as I got this issue sorted so I've moved in.

They gave me the details so that I could e-mail the Court to find out more and they have just replied and it turns out that I do know where the debt is from. Me and the then fiancee took out credit cards for emergencies if we needed them whilst we were out there and somehow that's what the debts from. I'm not wanting to dispute it and am happy to pay it off in installments as just want it sorted but was wondering what I need to do next? Do I need to contact the Solicitors dealing with it or apply to the Court to pay it off in installments. This is what the Court replied with and all I know:-

Good Afternoon

Thank you for your email

Please see below for the claim and judgment information as requested; please contact the claimant/claimant’s solicitor for any further information:

Claimant: ARROW GLOBAL LIMITED

Claimant’s solicitor: DRYDENS LIMITED (1788)
Telephone: 0113 8233377
Reference: XXXXXXX

Particulars of claim: 1. THE CLAIM IS FOR THE SUM OF £5,060.67
IN RESPECT OF MONIES OWING BY THE DEFENDANT ON A CREDIT AGREEMENT HELD BY THE DEFENDANT WITH HSBC UNDER ACCOUNT NUMBER XXXXXXXXXXXXXX UPON WHICH THE DEFENDANT FAILED TO MAINTAIN PAYMENTS.
2. A DEFAULT NOTICE WAS SERVED UPON THE DEFENDANT AND HAS NOT BEEN COMPLIED WITH.
3. THE BALANCE OWED WAS ASSIGNED FROM HSBC TO THE CLAIMANT, AND THE DEFENDANT HAS BEEN NOTIFIED OF THE ASSIGNMENT BY LETTER. CONTACT DRYDENSFAIRFAX SOLICITORS ON 0113 823 3850
Judgment Date: 06-JUN-2019
Judgment Amount: £5600.67

The people who own the house I'm in were so good to me and I'm so scared that people are going to turn up to the house so want to get it sorted asap. I left New Zealand because I was in a bad relationship and I left him and was on a plane back 3 days later and in less than 3 weeks I've not only got a place to live but I also start a new job on Wednesday now (full-time office job) and I'm so desperately just trying to get back on my feet and don't want this dragging me down anymore! Thank you!

[Amethyst]

What's this card taken out in joint names or just in your name? I ask because you don't seem sure that you spent £5000 that has been claimed from you.

Do you know where the claim was issued to? Was it to the address that you took the card out at?

When was the judgement issued? Presumably end June this year ? So you're passed one month ?

[misselmiee]

It was in my name so the debt does lie with myself and would have been spent on in 2015

I came back for a 3 month holiday last year where I stayed on my cousins sofa and in that time, I opened a UK bank account using her address which is where I think they have popped up as it has her address listed (we don't talk so I can't be sure any letter got sent to her but one presumes it did) and the CCJ has now come about.

It says in the Court e-mail that the Judgement was dated 6th June (While I was in New Zealand)

[Amethyst]

Okay, you could apply to set aside the judgment ( as you didn't receive it being out of the country ) however that would only be worthwhile if you were then going to defend or settle the full claim else they would simply get the ccj reapplied thereafter. You could try to set aside on the address issue and then attempt to negotiate instalments directly with the claimant out of court ( Tomlin Order probably leaving the claim on hold in court while you make payments and if you miss a payment they can ask for a new judgment )

Alternative is to apply to court to vary the forthwith order to monthly instalments payments to prevent enforcement. It would stay on the register and your credit file though.

[misselmiee]

I think the latter is my best option. I have 15 pounds to my name until pay day in 2 weeks so most defiantly can't afford to be paying anything back in full!

Is there a way to work out what an acceptable amount to offer to pay back is that would be accepted? I'll be full-time but on minimum wage then rent, bus and train fares, phone, food etc a rough guess is I could probably afford 50 a month but don't know if that's reasonable? Because I've only just come back with a suitcase I do need to buy things like work clothes, coat hangers, towels and bits like that with the first couple of pays so not sure how that would work because they wouldn't be normal monthly costs, just current costs to get set up as it were

[Amethyst]

The N245 form is https://www.gov.uk/government/public...on-of-an-order and includes a basic income expenditure form to complete. It does cost £50 to file it unless your income is very low when you may be eligible for fee remission ( form EX160 ). The court looks at it and orders an affordable monthly payment amount. The CCJ stays on the register and credit file for 6 years.

Alternative is to contact the judgment holder directly and see if you negotiate monthly payments with them - The only problem with doing it direct is that they can change their minds and later try and enforce the judgement, whereas with the N245 the amount is set by the court and they'd have to make application to change it