A CCJ without informing the defendant?

[Diana M]

Re: A CCJ without informing the defendant?

Is there any other way to get details of a claim we have the claim number for, apart from through credit agencies or the court?

If you have the claim reference number for this Default Judgment then you can call NCCBC and ask them to email you the Case Details which should be held on their database even though the claim has subsequently been transferred to your local county court for enforcement (an application for an Attachment of Earnings Order).

At the same time you can check the status of the "first claim". Is it "on hold" as you were told by Drydens?

Di

[TVJonesClassic]

Re: A CCJ without informing the defendant?

If you have the claim reference number for this Default Judgment then you can call NCCBC and ask them to email you the Case Details which should be held on their database even though the claim has subsequently been transferred to your local county court for enforcement (an application for an Attachment of Earnings Order).
Yes! Thank you so much for this. Northampton County Court, I had rang them last week and was told there were no details because it had been transferred. Not true, we just spoke to them again, finally. The second claim does not relate to the same debt as the first one. It turns out my partner had more going on than I was aware of. The claim was issued over a year ago, by Mortimer Clarke to the wrong address. The address they used was about four years out of date. We can easily demonstrate this if necessary.

What should our next step be?

At the same time you can check the status of the "first claim". Is it "on hold" as you were told by Drydens?
Yes, it is "stayed". And according to the very helpful chap on the phone, is past a deadline; I didn't get the detail, my partner was talking to him.

Di

Thanks! Claim form (and CCJ, presumably) sent to the wrong address; what do we do next?

[Diana M]

Re: A CCJ without informing the defendant?

Claim form (and CCJ, presumably) sent to the wrong address; what do we do next?

Since this claim was served on the wrong address you'll be looking to get the CCJ set aside so your partner can file a Defence.

Interestingly you say your partner received the letter about the AOE from Mortimer Clarke at your current address so that may help you. If the creditor could locate her now then they should have traced her before the summons was issued last November. Was she on the electoral roll at your current address in November 2015?

You may need to move fast if an application for the AOE has already been made. As I said in an earlier post, an application for a set aside should frustrate an application for an AOE which would be adjourned until after the set aside hearing.

Any application hearing for an AOE order could be adjourned if she makes an application to set aside the CCJ. The court would wait for a decision on that (set aside) before dealing with the AOE application.

Both applications would be dealt with by Basildon County Court since the case would have been transferred there from NCCBC when the Claimant sought enforcement of the CCJ (by Default).
i

You need to get a copy of the summons (to see the POC) and the Default Judgment which should be obtainable from Basildon County Court if the case has been transferred there for enforcement. They'll be a cost of £10 for each document I'm afraid.

Have you figured out who was the original creditor and what the debt relates to (credit card, loan, overdraft etc)?

Di

[TVJonesClassic]

Re: A CCJ without informing the defendant?

Since this claim was served on the wrong address you'll be looking to get the CCJ set aside so your partner can file a Defence.
OK, will do.

Interestingly you say your partner received the letter about the AOE from Mortimer Clarke at your current address so that may help you. If the creditor could locate her now then they should have traced her before the summons was issued last November. Was she on the electoral roll at your current address in November 2015?
Yes, no doubt about that. And at this time she also received the 'first' claim from the same source, Cabot, at the correct address, albeit from a different solicitor.

You may need to move fast if an application for the AOE has already been made. As I said in an earlier post, an application for a set aside should frustrate an application for an AOE which would be adjourned until after the set aside hearing.

You need to get a copy of the summons (to see the POC) and the Default Judgment which should be obtainable from Basildon County Court if the case has been transferred there for enforcement. They'll be a cost of £10 for each document I'm afraid.
That's OK. But I wrote to them 4 days ago special delivery, asking for details of the claim, and haven't heard back (in partner's name and signed by her.) Is there a process to get copies of the claim and judgement, or is it just writing to ask for them and including a cheque?

I think we have all of the POC now, but I guess we should have a copy of the claim for evidence for a set aside hearing?


Have you figured out who was the original creditor and what the debt relates to (credit card, loan, overdraft etc)?
Yes. It's a Lloyds credit card.

Di

Thanks.

[TVJonesClassic]

Re: A CCJ without informing the defendant?

We're going ahead with the N244 to apply for the initial CCJ & claim which was sent to the wrong address, to be set aside. It would be much easier for us if my partner doesn't have to attend a hearing, and I would lose a day's work. The guidance notes on the .gov.uk form 'N244notes' say that we can avoid having to attend for a hearing:

• Where all the parties agree to the terms of the order being asked for;

• Where all the parties agree that the court should deal with the application without a hearing;

I would hope the solicitors will agree to this as it was a simple error on their part which has brought about the need for the set aside. Does anyone have any thoughts or suggestions re. asking the solicitor for this? Thanks.