CCJ issues for debt I don't own and served to wrong address

[Londy900]

I checked my credit file and I have a CCJ against me for a debt I dont own. I enrolled my daughter into a nursery and requested from my ex that we remove her. He insisted on keeping her in and said he would pay the bills. From that moment on I had no dealings with the nursery as I had moved away from the area. Bills were sent to his home address addressed to him and he ran up £2000 worth of debt.

They apparently served papers to my old business address which I had never resided at and when I asked for copies of the papers the correspondence is between my ex and the nursery at his residential address. The nursery had my new home address and did not at any time post anything to me at my residence.

I explained to the nursery lawyer that I had no dealings with the nursery and clearly the correspondence is between my ex and the nursery. It went quiet and now I see I have a CCJ for £3000 against my name and the supporting paperwork are the letters between my ex and the nursery at his residential address.

Can I have this overturned without having to pay £255 which I cannot afford. I can lose my job over a CCJ so very stressed by this.

[pt2537]

Hi there

There are two ways to set aside a Judgment, either by consent , with the Claimants agreement, or by application to the Court.

If you can get the Claimant to agree, then you can send a consent order to the Court and it costs £100, or you would need to apply and it costs £255 unless you are fee exempt. Look at the Court form EX160 as that will tell you if you are exempt or not.

[Londy900]

Thanks so much for your response.

Is there anything I can do to make a claim against the law firm which acted unethically? Can companies process frivolous CCJs without consequence?

My rights under GDPR have been grossly breached by the nursery and the law firm was aware before submitting the CCJ claim because none of the supporting correspondence is addressed to me but my ex. They served papers to a shop I owned 2 years prior when the Nursery had my current home address and always corresponded with me at home when I did have a contract with them. The law firm was aware that the shop address was not a correspondence address and proceeded after I had made contact to apply for the CCJ without serving me any papers at the correct correspondence address or via email. I'm very shocked by this.

If I do the set aside 255 form, can I claim it back during the court process?

Thanks in advance for your advice.

[Guest]

Patently obvious. This was the easy way to force you to pay the debt.