Newbie question(hypothetical) CCJ Set aside

[welshspark]

Hey everyone

I posted previously in the DCA subforum about a debt which is 6 weeks from going statute barred.

the dca had recently attempted to make contact again, the odd one phone call or text a week, the dca has my previous address on file.

I was concerened dca would try send ccj claim form to previous address, and try to win by default, i posted letter today to dca advising them of new address.

If by now already the dca has issued a claim form to the old address, and tomorrow they recieve details of my new address, are they oblidged to notify the courts, and get it re sent to my new address? or could they play silly beggers and just ignore it and hope to win by default?

im new to some of all this, and was wondering if thats the case and they did do that,

with regards to applying for a ccj to be set aside, would i have strong ground to ? supplying with new address, after the claim form was issued ?

with setting the ccj aside, im a bit confused of the whole process.

Say for example now, i applied for the CCJ to be set a side on grounds that i had not recieved paperwork, and the judge ruled in my favour,

what would the next step be ? does the dca have to start the whole claim process again ?

im asking this, because as i explained at the top, im 6 weeks from debt going statute barred,

basically im just trying to figure out, how the process works with the statute barred clock.

if set aside say in 6 weeks time, would they have to reapply for a claim, and in that time debt has become statute barred ?

my hope is, that they havent put in a claim yet, and they will contact me on my new address, and il be able to do the prove it letter, and cca request, in hope that it does take me past the 6 year anniversary!.

its quite a large debt for me nearly £8000, so it is kinda playing on the back of my mind, as they days count down.

would appreicate any thoughts you may have

cheers

[Johnboy007]

Re: Newbie question(hypothetical) CCJ Set aside

If Dca have sent details to your previous address, you never received the papers, cos you don't live there anymore.
So you was pretty damn dumb giving them your new address.
You must hope now that a CCJ hasn't been applied for, and that the six weeks fly round:tinysmile_twink_t2:
I'm sure more knowledgeable people will soon be along to advise you.

[stevemLS]

Re: Newbie question(hypothetical) CCJ Set aside

I think most of the questions are academic given that, if they have issued a claim against you at your previous address, that will be sufficient for them to say that they have brought the action within the limitation period.

Service is deemed sufficient at your last known address. (CPR 6.9)

If they have issued and served at your last known address, that will be good enough and your subsequent notification of present address would not be grounds for setting a decision aside, in my view. I do think it would be best practice to re-serve but I am not aware of any obligation to do so.

In any event, in order to have a judgment set aside, not only for want of service, but you generally have to show that there is a "real prospect" of successfully defending the claim. You must also make the application promptly - see CPR Parts 12 and 13.

[welshspark]

Re: Newbie question(hypothetical) CCJ Set aside

Thanks for taking the time to reply .

You say that they are allowed to serve at the last known address which I understand .

but this dca in particular, have made no written attempt to contact me in the past , when I was living at my previous address I've only had telephone calls, also i was never issued with a notice of assignment from themselves. I only know they bought the debt from checking my credit file.

Could I argue this, as it being the case. Didn't have to notify them? As they aren't the original creditor. ...

also so I can't recall recieving a default notice from the original claimant either

I was hoping to challenge this before a ccj claim was issued. That's why I provided my current address now, I'm hoping it's not to late .

[stevemLS]

Re: Newbie question(hypothetical) CCJ Set aside

If they intend to issue and the limitation period is about to expire, they will do so anyway and arguments about documentation will take place subsequently.

How long ago did you move?

It is possible that default and assignment notices have been issued to your former address?

Did you notify change of address to original creditor?

But, as I said, arguments about documentation, even if ongoing, won't prevent a claim being issued.

[welshspark]

Re: Newbie question(hypothetical) CCJ Set aside

I moved house nearly 3 years ago.. I had redirection for 2 of those years the debt was assigned to this dca 3 years ago.

so if they had sent a notice of assignment i would have recieved it, have had no written letters from them at all, just phone calls. Which started up again in the last month .

ironically they know my new address before, because according to my credit file. They created the link to my new address.

Strange they never wrote to the new address also

[wales01man]

Re: Newbie question(hypothetical) CCJ Set aside

Keep your fingers crossed to much thinking about it equals to much worrying.
If they serve it anywhere you can defend or apply for set aside after might pay to visit or contact previous address to see if there is any mail for you.

[welshspark]

Re: Newbie question(hypothetical) CCJ Set aside

easier said than done, not to be worrrying lol

hoping now, that i have informed them of new address, that they havent sent a claim in to old, at least that may give me a chance to dispute debt,

[wales01man]

Re: Newbie question(hypothetical) CCJ Set aside

Worrying or not worrying will not get them to issue a claim or not.I know its not easy to to not worry about things been there many a time