Do I have a CCJ against me?

[sirchunk]

Hi,

Today, 15/07/16, I received an N24 General Form of Order dated 9/07/16, ordering that my ex and I, who did not attend court to:

1. This matter be adjourned on payment of current rent plus instalments of £16.00 per week towards the arrears of £382.83, first payment by 11th July 2016.
2. The defendants to pay the Claimant's costs on the claim form of £325.00

I would like to know if this may transpire into a CCJ that will be added to my credit file?

Thanks in advance.

[Diana M]

Re: Do I have a CCJ against me?

1. This matter be adjourned on payment of current rent plus instalments of £16.00 per week towards the arrears of £382.83, first payment by 11th July 2016.
2. The defendants to pay the Claimant's costs on the claim form of £325.00

I would like to know if this may transpire into a CCJ that will be added to my credit file?

Was this Order related to possession proceedings brought against you by your Landlord (it refers to rent arrears)?

At first glance it appears that the matter has been adjourned indefinitely on condition you keep to the payments ordered. This means the matter hasn't concluded but could go back to court if you don't keep up with the payments ordered.

My only worry is the Order says the first payment must be made by 11th July and today is the 15th July. The Order is dated 9th July which didn't give you enough time to react and comply with it. Since you say you weren't in court you presumably didn't know what the DJ ordered at the time.

It's hard to be certain without knowing what the original summons was for and what was included in it.

Are those payments realistic and do you have an overall housing issue which we can try to help you with?

Di

[sirchunk]

Re: Do I have a CCJ against me?

Hi Diana M,
Thank you for replying.

Yes, this is in relation to possession proceedings brought against myself and my ex by the Landlord/housing association.

The arrears were paid off before the court hearing, which was on the 05/07/16.
But on the 05/07/16 two weeks worth of rent accumulated, which I presume was put forward to the judge.
As of 14/07/16, the rent account is again back in credit, after Housing Benefit and my ex's payments have cleared.

What would you like to know about the original summons?
On the N119 Particulars of claim for possession of property form dated 18/05/16 under 'What the court is being asked to do' it says:

(a) give the claimant possession of the premises;
(b) pay the unpaid rent and any charge for use and occupation up top the date an order is made;
(c) pay the rent and any charge for use and occupation for the date of the order until the claimant recovers possession of the property;
(d) pay the claimant;s costs of making this claim

(This is on the original papers from one court, but was passed to another court using a another N24 form dated 19/05/16 due to the claimant using a court that did not hold jurisdiction.)

I just hope that this isn't a CCJ that will appear on my credit file as I want to buy a house in the near future, so I hope you can understand my anguish the situation is causing me.

On a side note, I do believe I have ground to set aside the judgement (which I will ask if this is turns out to be a CCJ), but I just want to make sure this is before I go down that route.

Thanks again.

[Diana M]

Re: Do I have a CCJ against me?

On the N119 Particulars of claim for possession of property form dated 18/05/16 under 'What the court is being asked to do' it says:

(a) give the claimant possession of the premises;
(b) pay the unpaid rent and any charge for use and occupation up top the date an order is made;
(c) pay the rent and any charge for use and occupation for the date of the order until the claimant recovers possession of the property;
(d) pay the claimant;s costs of making this claim.

Having not seen the full paperwork it does appear that the Claimant got everything on their 'Wish List' with the exception of item (a) (a Possession Order). Good

You've said that all payments/arrears have now been paid. This means you've complied with that bit of the Order (so far).

That Order says you must also pay the other side's costs. They should send you their Bill of Costs so you can see if you have a need to have them assessed. Does the Order give you a timeline for paying those costs such as within 14 days?

That Order also says (if you've quoted it correctly) that the proceedings have been adjourned subject to you complying with the Order. So if you comply with it you shouldn't get a CCJ, and even then hopefully not without another hearing (it really helps if you go to any hearings in future).

On a different note you've referred to these rent arrears being associated with your "ex". Is this a joint tenancy? And if so, does your "ex" have any formal arrangement with you as to his liability for this issue?

Di