old ccj help

[browneyuk]

Hi

I was wondering if anyone could give me any advice.

I received a ccj for unpaid nursery fees in 2009. I didnt receive the court documents due to post natal depression and didnt open the letters. I explained this when I opened them having a good day.

The pnd continued until last year and I am now trying to sort this out. I know I handed my notice in and when I kept receiving bills I called quite a few times.
I contacted the nhs today who advised my son attended last in april 3. meaning I owed 1.4 months not 4 months but the solicitors fees were around £500. He then called me back to advise the nursery didnt receive the notice letter.

I wanted to know is it acceptable to charge for 4 months nursery fees when the child has never been. I havent got a copy of the notice letter I sent originally.

Would appreciate any advice as I fear ive opened a can of worms now.

Thank you

[Debt Camel]

Re: old ccj help

I doubt whether you have any realistic chance of getting this CCJ set aside.

[FlamingParrot]

Re: old ccj help

I was wondering if anyone could give me any advice.

I received a ccj for unpaid nursery fees in 2009. I didnt receive the court documents due to post natal depression and didnt open the letters. I explained this when I opened them having a good day.

The pnd continued until last year and I am now trying to sort this out. I know I handed my notice in and when I kept receiving bills I called quite a few times.
I contacted the nhs today who advised my son attended last in april 3. meaning I owed 1.4 months not 4 months but the solicitors fees were around £500. He then called me back to advise the nursery didnt receive the notice letter.

I wanted to know is it acceptable to charge for 4 months nursery fees when the child has never been. I havent got a copy of the notice letter I sent originally.

Hi and welcome

That would depend on the terms of the agreement with the nursery, however, if this happened over six years ago, there isn't likely to be much you could do to challenge it. In fact, the CCJ should probably have vanished both from the public record and your credit files.

Have you been making payments into this CCJ? If you haven't, and the creditor has never attempted to enforce it in six years, they'll find it extremely hard to convince a court that they should be allowed to enforce it now.

Would appreciate any advice as I fear ive opened a can of worms now.

How so?

[browneyuk]

Re: old ccj help

[QUOTE=FlamingParrot;581734]Hi and welcome

That would depend on the terms of the agreement with the nursery, however, if this happened over six years ago, there isn't likely to be much you could do to challenge it. In fact, the CCJ should probably have vanished both from the public record and your credit files.

Have you been making payments into this CCJ? If you haven't, and the creditor has never attempted to enforce it in six years, they'll find it extremely hard to convince a court that they should be allowed to enforce it now.

thank you the ccj is from 2011 and I paid until march 2011. thank you

- - - Updated - - -

The terms as i can remember were i had to work for the nhs and one months written notice but i have no proof of notice.

[FlamingParrot]

Re: old ccj help

thank you the ccj is from 2011 and I paid until march 2011. thank you

The terms as i can remember were i had to work for the nhs and one months written notice but i have no proof of notice.

Ah, so the issued the claim a couple of years later. Still it's been a number of years so very unlikely a court would even look at a set aside application at this stage.

If they've not made any attempt to enforce the CCJ in four years, I'd be inclined to let sleeping dogs lie. They'd still need to apply to the court for an attachment of earnings order (only applicable if you are in employment) or a warrant to send bailiffs round. Either way, you'd be notified and could get the order/warrant suspended by putting forward a repayment offer. However, since they've left it this long, it probably won't happen. ray:

[browneyuk]

Re: old ccj help

Ah, so the issued the claim a couple of years later. Still it's been a number of years so very unlikely a court would even look at a set aside application at this stage.

If they've not made any attempt to enforce the CCJ in four years, I'd be inclined to let sleeping dogs lie. They'd still need to apply to the court for an attachment of earnings order (only applicable if you are in employment) or a warrant to send bailiffs round. Either way, you'd be notified and could get the order/warrant suspended by putting forward a repayment offer. However, since they've left it this long, it probably won't happen. ray:

I would be advised if they took it further .i.e. bailiffs first. thank you

[FlamingParrot]

Re: old ccj help

I would be advised if they took it further .i.e. bailiffs first. thank you

Yes, under new regulations, you'd get a notice of enforcement giving you at least 7 clear days (excluding Sundays and BHs) before any visit. :thumb:

[browneyuk]

Re: old ccj help

thank you i really appreciate it xxx