CCJ at old address

[Arlo04]

Hi there
Please excuse me as I'm new to this............... I've recently accessed my credit report, I have moved house twice in the last 18 month, my credit report is showing I have 2 CCJ's registered against me 1 each at the 2 previous addresses. obviously I was unaware of this until I viewed my credit file, the 1st court date was Oct 2014 the 2nd Jan 2015. I'm at a loss as what to do, do I leave it and hope the court or creditors don't find me or do I approach and ask them to set aside so I can defend? I did have a payment arrangement in place with both companies before the CCJ's were registered, but have recently gone through two years of hell, forced house sale, breast cancer and the sudden death of my brother, things just got on top of me and now I feel worse than ever because of this info on my file.
can anyone offer ant advise please?

Much appreciated

A

[nemesis45]

Re: CCJ at old address

Hi there
Please excuse me as I'm new to this............... I've recently accessed my credit report, I have moved house twice in the last 18 month, my credit report is showing I have 2 CCJ's registered against me 1 each at the 2 previous addresses. obviously I was unaware of this until I viewed my credit file, the 1st court date was Oct 2014 the 2nd Jan 2015. I'm at a loss as what to do, do I leave it and hope the court or creditors don't find me or do I approach and ask them to set aside so I can defend? I did have a payment arrangement in place with both companies before the CCJ's were registered, but have recently gone through two years of hell, forced house sale, breast cancer and the sudden death of my brother, things just got on top of me and now I feel worse than ever because of this info on my file.
can anyone offer ant advise please?

Much appreciated

A

Hi welcome to LB.

You are aware of both debts?

Can you tell us the history of each account please.

Set aside applications have to be made as soon as possible and if you have not informed your creditors of changes of address it will complicate any application to set aside the judgements.

For set aside applications to succeed you must have a defence to the original claim that has a reasonable chance of success.

[Arlo04]

Re: CCJ at old address

Hi
thank you for your reply

1st debt is for a credit card with Capital one, sold to Lowell who have issued the CCJ was paying £5 per month, when I moved I changed bank accounts, lost info on debt and to be honest I've that much debt id forgotten about this one

2nd debt is for a loan originally with black horse, sold to Colbert, who issued the CCJ was paying £10 per month, again, changed bank accounts, I knew this one would come back and bite me on the behind, just wasn't expecting the CCJ at previous address, I thought both company's would find me at new address and I could negotiate the original payment plan.

My concern now is they will do a trace search, find me at my new address and send in the bailiff's, is this something they can legally do?

Just out of interest, the Loan with Black Horse was in joint names, but my husbands credit file doesn't show the CCJ

[Arlo04]

Re: CCJ at old address

Sorry Cabot not Colbert

[FlamingParrot]

Re: CCJ at old address

Hi there
Please excuse me as I'm new to this............... I've recently accessed my credit report, I have moved house twice in the last 18 month, my credit report is showing I have 2 CCJ's registered against me 1 each at the 2 previous addresses. obviously I was unaware of this until I viewed my credit file, the 1st court date was Oct 2014 the 2nd Jan 2015. I'm at a loss as what to do, do I leave it and hope the court or creditors don't find me or do I approach and ask them to set aside so I can defend? I did have a payment arrangement in place with both companies before the CCJ's were registered, but have recently gone through two years of hell, forced house sale, breast cancer and the sudden death of my brother, things just got on top of me and now I feel worse than ever because of this info on my file.
can anyone offer ant advise please?

You could consider applying for set aside and the court may consider your circumstances which would explain both the delay in applying and why your creditors didn't have your current address, in view of all your issues in your personal life, it may not have been at the top of your list to contact them with your new address, especially if as you say, you had arrangements to pay them. However, the court will also require a draft defence to the claim, otherwise the claim can just be re-issued and you'd be back to square one.

If you want to look into applying for set aside, you should take a look at the following:

• http://www.legalbeagles.info/forums/...ants-in-Person
• http://legalbeagles.info/library/how...-judgment-ccj/
• http://www.legalbeagles.info/forums/...lication-notes

1st debt is for a credit card with Capital one, sold to Lowell who have issued the CCJ was paying £5 per month, when I moved I changed bank accounts, lost info on debt and to be honest I've that much debt id forgotten about this one

2nd debt is for a loan originally with black horse, sold to Colbert, who issued the CCJ was paying £10 per month, again, changed bank accounts, I knew this one would come back and bite me on the behind, just wasn't expecting the CCJ at previous address, I thought both company's would find me at new address and I could negotiate the original payment plan.

Any idea when you took out the card and the loan?

My concern now is they will do a trace search, find me at my new address and send in the bailiff's, is this something they can legally do?

There are various ways in which a judgment can be legally enforced. If you are employed, they can apply for an attachment of earnings order to have money deducted directly from your salary. They can also apply for a warrant to send bailiffs. In both cases you would be notified, if a warrant is obtained they'll have to send you an enforcement notice giving you at least 7 days (excluding Sundays and BHs) before any bailiff visit. It is possible to apply to suspend a warrant once it's issued. :thumb:

If you are a homeowner they can also apply for a charging order on your property to secure the debt.

Just out of interest, the Loan with Black Horse was in joint names, but my husbands credit file doesn't show the CCJ

With joint debts, they can pursue either party for the full amount. :mmph:

[Arlo04]

Re: CCJ at old address

The Credit Card was taken out in Nov 2009 & Defaulted in Oct ct 2010 Loan taken out on April 2009 & defaulted Nov 2012. If both companies find out where we live, can they send baliffs round or given we weren't at address where court papers were sent, would they have to re apply to court? I'm confused. If we had still been at the address & had received court papers, we could of acted on them & avoided the CCJ's. I'm scared to phone the company's for fear of them sending bailiffs in.

[FlamingParrot]

Re: CCJ at old address

The Credit Card was taken out in Nov 2009 & Defaulted in Oct ct 2010 Loan taken out on April 2009 & defaulted Nov 2012.

Uhmmm, both fairly recent so not statute barred and paperwork could well have been in order. :ohwell:

If both companies find out where we live, can they send baliffs round or given we weren't at address where court papers were sent, would they have to re apply to court?

They have to apply to the court for a warrant before they can send them, see above with regards to a notice of enforcement.

I'm confused. If we had still been at the address & had received court papers, we could of acted on them & avoided the CCJ's. I'm scared to phone the company's for fear of them sending bailiffs in.

It's best to keep everything in writing, as for the bailiffs, you would be notified if they'd applied for a warrant.

[Arlo04]

Re: CCJ at old address

so just to clarify, if they find us at our new address, we would know about it because they would have to send a letter first? we are not registered at this address, but our credit report shows all addresses we have been at, can they still find us and conclude we are the same people by accessing our credit file?

[FlamingParrot]

Re: CCJ at old address

so just to clarify, if they find us at our new address, we would know about it because they would have to send a letter first? we are not registered at this address, but our credit report shows all addresses we have been at, can they still find us and conclude we are the same people by accessing our credit file?

Under new regulations, they have to give you at least seven 'clear' days (which exclude Sundays and BHs).

1. Advance notice is now required

The single most significant factor arising from the new regime is that as of 6 April 2014, any attempt to take control of goods (whether to satisfy a judgment debt and/or in pursuance of CRAR) has to be preceded by the giving of advance notice to the judgment debtor/non-paying commercial tenant.

Under the existing provisions, much of the bailiff or enforcement agent’s effectiveness was, in part, due to the surprise nature of their visit on the unsuspecting judgment debtor; leaving them no opportunity to remove and secret away goods that might otherwise be seized.

As of 6 April 2014 that surprise element will be removed and enforcement agents will be required to give the judgment debtor/tenant seven clear days’ notice that they will be attending the property with the intention of taking control of goods.

It's not difficult to trace people in this day and age. :ohwell:

[Arlo04]

Re: CCJ at old address

Thank you for your help, still unsure what to do for the best :tinysmile_hmm_t2: leave alone and hope they don't find us or contact them and appeal to their better nature?
Maybe an email would be better, test the water

[FlamingParrot]

Re: CCJ at old address

Thank you for your help, still unsure what to do for the best :tinysmile_hmm_t2: leave alone and hope they don't find us or contact them and appeal to their better nature?
Maybe an email would be better, test the water

Bear in mind CCJs don't go statute barred, so if you don't get them set aside they can be enforced at any time, having said that, if the judgment creditor doesn't take any action to enforce during the first six years, the court may refuse their application to enforce them after that time.

It isn't a question of appealing to their better nature as such but making an offer of repayment based on what you can realistically afford to pay. Once there's judgment in place, an income and expenditure statement should be provided to back up your offer.

You can either make the offer now or wait until you hear from them, which is likely to be when they've applied for an attachment of earnings (unless you are not in employment, self-employed doesn't count) or a warrant to send bailiffs. You may also be required to attend court for questioning about your financial affairs, etc. At that point you'll have to make a repayment offer as above to prevent further enforcement action. It's up to you how you want to play it, i.e. whether you want peace of mind and are willing to make an offer now, or whether you are prepared to take a gamble, being aware that you'll have to act quickly and decisively as the communications people get when they've not paid anything into their judgments require immediate action.

To put your mind at ease, if they apply for an attachment of earnings it is possible to request a suspended order, if they apply for a warrant to send bailiffs it is possible to apply to suspend the warrant and even when the bailiff turns up, they cannot force entry and you don't have to let them in, however, they can walk in through an unlocked door and/or take goods located outside your home, such as a car, bike or motorbike.

If you own property they can apply for a charging order even if you are making payments.

Although not used that often these days, they can also issue a statutory demand, at the moment for anything over £750 but from October, only for debts over £5,000.

:decision:

[Arlo04]

Re: CCJ at old address

Hi again
I emailed them on Wednesday afternoon. I left my mobile number and details of the debt, I've not heard anything back as yet, I've not slept since :-( I've looked about and read some other treads and noticed its not uncommon for company's to sit on CCJ and never take them any further, although given my luck this wont happen. can I ask would a Debt Management company be able to help with this? we were considering signing up with one to sort our other debt outs, we rent our home and have a lease car thru my work so we have no assets as such. would a DMC get in touch with theses people on our behave and make an offer of payment?

Can I also ask..........is there a time limit on when the company can enforce the CCJ. for example, if the CCJ was issued in Oct 2014 can they still escalate to bailiff visit, or would they need to start the process again?

Thank you again for help and advise, I really am at my wits end, I've a follow up appointment next month with my breast consultant, really don't need the stress of all this on top of everything else, more than happy to offer monthly payments, just don't want to give them our current address

[FlamingParrot]

Re: CCJ at old address

Hi again
I emailed them on Wednesday afternoon. I left my mobile number and details of the debt, I've not heard anything back as yet, I've not slept since :-( I've looked about and read some other treads and noticed its not uncommon for company's to sit on CCJ and never take them any further,

It really isn't worth losing sleep over this, there's always a solution as indicated above.

although given my luck this wont happen. can I ask would a Debt Management company be able to help with this? we were considering signing up with one to sort our other debt outs, we rent our home and have a lease car thru my work so we have no assets as such. would a DMC get in touch with theses people on our behave and make an offer of payment?

It's up to you but there's nothing you can't do yourself in terms of negotiating with creditors, etc. In fact, some people have put their trust on those companies only to find that interest hasn't been frozen and only a small amount of the monthly payments actually went towards reducing the debt. :mad2: :mad2: :mad2: You also lose control over who you pay/don't pay and when, etc. Also some are free but others will charge for their services. :mad2:

Can I also ask..........is there a time limit on when the company can enforce the CCJ. for example, if the CCJ was issued in Oct 2014 can they still escalate to bailiff visit, or would they need to start the process again?

If a judgment creditor has not attempted to enforce a CCJ within six years, it would be difficult for them to convince a court to issue an enforcement order after that period. With a more recent CCJ, they don't have to start the process again in terms of issuing a claim, etc. however, they still need to apply to the court for a warrant of control (to send bailiffs) or an attachment of earnings order, etc. As I said above, you'd get notified when this happens and you can apply to suspend the warrant or the order. :thumb:

Thank you again for help and advise, I really am at my wits end, I've a follow up appointment next month with my breast consultant, really don't need the stress of all this on top of everything else, more than happy to offer monthly payments, just don't want to give them our current address

Up to you if you want to wait till they make the first move, as above, you can get enforcement action suspended by making an offer backed by an income and expenditure statement. :thumb:

[Arlo04]

Hi all, this has reared it’s ugly head again, initially I emailed the company but heard nothing back, a letter was then sent to a previous address which once forwarded on to me (3wks ago) the letter said, they would apply for an attachment order if I didn’t make payment immediately, once again I emailed the solicitor Mortimer Clarke, I received a email back asking me to confirm my details & was I the sole user of that email address, that was 2 weeks ago, I still haven’t heard anything back from them despite two more emails from myself, I have phoned them & I spoke to an advisor we I found to be very unresponsive, she basically said, if I couldn’t pay her in full there & then, then enforced action would be iminant.
i asked why they hadn’t replied to my emails & she suggested they hadn’t received any, even though they replied initially, since then another letter was sent to yet another previous address, I’m thinking they are looking at any address I have lived at & sending letters hoping to find where I am.
im happy to enter into a payment agreement (I can’t pay in full) but other than on the phone I can’t get a response from them. I really don’t want to speak to them on the phone , because I find them very intimidating, plus they won’t enter into any form of agreement with regards to a payment arrangement
can anyone offer any advice? The last letter went to a previous address where a little old lady of 82 lives, I’m trying my best to stop anyone knocking on her door from the courts, understanderby she concerned about this