Unknow CCJ

[dickyboy1969]

Could I have some advice please?
I have recently been turned down for a mortgage & on checking my credit file I found a recent ccj for £4400 from Cabot & Restons solicitors!!
I have had no outstanding debt since 2007 when I divorced & everything was settled. I currently have a small person loan from Barclays that I pay monthly & I pay my credit card off in full every month, so it was a shock to be declined for a mortgage & I have worked for the same company full time for nearly 5 years.
Around 6 years ago I had a letter from a debt collection agency & I wrote to them asking for proof of the debt to which I received a reply saying it was from an old credit card but they could find no paper work to prove i owed the debt & I heard nothing from them since.
I have moved twice since but all my addresses are on my credit file & yet I have had no communication about the ccj until I checked my credit file after the refusal of a mortgage!!!
The ccj has only been on file for 8 months & as I had no communication from them I wondered if it is legal for them to apply for a ccj if they had my address but didnt contact me & how can I challenge it as I don't know what the debt is for? Plus is it an easy process to challenge or will I need to pay for legal advice?

Many Thanks

Richard

[charitynjw]

Re: Unknow CCJ

Hi Richard & welcome to LB

Looks like the alleged debt might have been be statute-barred, & if the judgment was by default because you were not at the address per the claim form, you could possibly have it set aside.
Some info on set aside http://legalbeagles.info/forums/show...lication-notes
Some info on Statute barred http://debtcamel.co.uk/statute-barred-debt/

[dickyboy1969]

Re: Unknow CCJ

Thanks for that advice, can I ask a few more q's to clarify what I need to do.
Do I need to file form N244 with the court where the ccj was issued or will any court do? Do I need to contact Cabot & Restons to notify them of my challenge or will the court tell them?

many thanks

[Diana M]

Re: Unknow CCJ

a recent ccj for £4400 from Cabot & Restons solicitors!!

. . . Around 6 years ago I had a letter from a debt collection agency & I wrote to them asking for proof of the debt to which I received a reply saying it was from an old credit card but they could find no paper work to prove i owed the debt & I heard nothing from them since

Did you send a formal s.77-79 CCA Request to the DCA or was it a random "prove it" letter?

Have you kept the letter from them which said that they could not find any paperwork in relation to this debt?

I'm sorry to hear that you were turned down for a mortgage due to this issue. Is the property purchase lost or will the seller/lender wait until you sort out this problem?

Di

[Diana M]

Re: Unknow CCJ

Do I need to file form N244 with the court where the ccj was issued or will any court do? Do I need to contact Cabot & Restons to notify them of my challenge

It's always a good idea to try to get the Claimant or their solicitors to consent to a set side first. That way you avoid the need for an application to the court and the costs involved with that palaver.

Your chances of success will depend on you gathering as much evidence as possible to prove that they should have known where you were living when the county court summons was issued.

If your current address is on your CRA file and you're on the Electoral Roll and have other credit (bank account etc) registered at that address then that would be a good start.

Di

[dickyboy1969]

Re: Unknow CCJ

Hi, thanks for the reply. I have kept the paper work & Cabot wrote to say that they were waiting for capital one to provide them with the requested information about the debt & I never heard back from them. I wrote to them asking what the debt was for & who it is owed to as I didnt know anything about s77-79.
I gave up on the mortgage & will wait now until I get this ccj sorted, whether that be set aside or paid up If I do owe it?

Thanks
Richard

[dickyboy1969]

Re: Unknow CCJ

My current address in on my credit file, along with information about my back account, credit card, personal loan, utilities etc, so they had no excuse to not have my current address.