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I have posted this elsewhere on this site, but after reading other threads felt that it would be better here, I hope this is OK.
I had a CCJ placed upon me on the 30th May 2017, I did not discover this until checking my credit file on 21st August 2017 as the paperwork involved was served at an address I had not lived at for 2 years. I contacted the claimant via email and made attempts to come to an agreement, when this proved unsuccessful I declared myself bankrupt on the 27th August 2017. I never saw any paperwork relating to the CCJ, I just saw the amount owing (£32,316) on my credit file and I included this in my bankruptcy and informed the claimant so that he would not pursue me for the debt.
I assumed when I included in my bankruptcy that it would be marked as satisfied on my credit file, I recently looked at my credit file again and noticed the CCJ was still outstanding, so I decided to contact the solicitor who issued the original claim paperwork and had them send me everything. Upon looking at the paperwork I noticed that the amount of the claim was incorrect to the tune of £3000 and that it had been served to the address I had left in 2015. Furthermore no attempt had been made to give me 14 days notice prior to any court action taking place.
The claimant knew I was not living at the address on the claim, as I had contacted him in December 2015 by telephone to give him my new address for contact and my email address, he replied by email confirming his email address. In February 2016 I was served a statutory demand at my new address, which I ignored and then I never heard from him again until the CCJ in 2017. The debt was for a commercial property I rented and the outstanding rent statement included in the original claim does not include the £3000 deposit paid.
I have all the emails etc regarding rent deposits, contact with the claimant etc.
I would like to attempt to get the CCJ set aside on the grounds of service to the wrong address, the claim amount being wrong and not being served with the 14 day notice of intended proceedings, I have started to fill in the N244 form, but I am concerned as to whether I have a case, making sure I fill the form in correctly and what evidence to include and about costs being awarded against me.
Any advice would be greatly appreciated.
I had a CCJ placed upon me on the 30th May 2017, I did not discover this until checking my credit file on 21st August 2017 as the paperwork involved was served at an address I had not lived at for 2 years. I contacted the claimant via email and made attempts to come to an agreement, when this proved unsuccessful I declared myself bankrupt on the 27th August 2017. I never saw any paperwork relating to the CCJ, I just saw the amount owing (£32,316) on my credit file and I included this in my bankruptcy and informed the claimant so that he would not pursue me for the debt.
I assumed when I included in my bankruptcy that it would be marked as satisfied on my credit file, I recently looked at my credit file again and noticed the CCJ was still outstanding, so I decided to contact the solicitor who issued the original claim paperwork and had them send me everything. Upon looking at the paperwork I noticed that the amount of the claim was incorrect to the tune of £3000 and that it had been served to the address I had left in 2015. Furthermore no attempt had been made to give me 14 days notice prior to any court action taking place.
The claimant knew I was not living at the address on the claim, as I had contacted him in December 2015 by telephone to give him my new address for contact and my email address, he replied by email confirming his email address. In February 2016 I was served a statutory demand at my new address, which I ignored and then I never heard from him again until the CCJ in 2017. The debt was for a commercial property I rented and the outstanding rent statement included in the original claim does not include the £3000 deposit paid.
I have all the emails etc regarding rent deposits, contact with the claimant etc.
I would like to attempt to get the CCJ set aside on the grounds of service to the wrong address, the claim amount being wrong and not being served with the 14 day notice of intended proceedings, I have started to fill in the N244 form, but I am concerned as to whether I have a case, making sure I fill the form in correctly and what evidence to include and about costs being awarded against me.
Any advice would be greatly appreciated.
