CCJ filed via an address I have never lived at

[Micky10]

Checked on checkmyfile.com yesterday and saw that a CCJ has been on my file since April this year – no idea how this could have come about. CCJ doesn’t show on Experian, Credit Karma, Transunion. Closer look and I realise that the address is completely wrong and not even an address I’ve lived at previously.

I don’t remember anything about the debt so I have contacted the Claimant to consent for the judgment to be set aside and also provide a CCA. Plus I’ve given them my correct address. They’ve said they’ll be looking into the matter and it looks like it could take a while. Now that I’ve given them my address, does anyone know if they will then be able to tie the judgment to my correct address? Sorry if this is a silly question but I’m just very worried at the moment.

I have already completed an N244 form, paid the £255 fee and sent to the Court today, along with a witness statement. Waiting to hear back and for a hearing date.

Any thoughts from anyone and what to expect please?

[Micky10]

rob Could you help me on the above please. Thank you.

[ostell]

Give people time to respond! Everyone is a volunteer

[Micky10]

Anyone please ?

[Micky10]

Thinking of a defence...

[Micky10]

Amethyst Could you help me on the above please. Thank you.

[pt2537]

Checked on checkmyfile.com yesterday and saw that a CCJ has been on my file since April this year – no idea how this could have come about. CCJ doesn’t show on Experian, Credit Karma, Transunion. Closer look and I realise that the address is completely wrong and not even an address I’ve lived at previously.

I don’t remember anything about the debt so I have contacted the Claimant to consent for the judgment to be set aside and also provide a CCA. Plus I’ve given them my correct address. They’ve said they’ll be looking into the matter and it looks like it could take a while. Now that I’ve given them my address, does anyone know if they will then be able to tie the judgment to my correct address? Sorry if this is a silly question but I’m just very worried at the moment.

I have already completed an N244 form, paid the £255 fee and sent to the Court today, along with a witness statement. Waiting to hear back and for a hearing date.

Any thoughts from anyone and what to expect please?

Hi there

seems to me a mandatory set aside under CPR 13.2 if you never lived at the address and never gave the address as a place of residence to the claimant. I cannot see how it could be said that serving proceedings on an address you do not live at could possibly be considered good service.

[Micky10]

pt2537 Thank you very much for your reply.

I requested a CCA from the claimant and got a response saying;

“Please note given a County Court Judgement was granted on April 2020, under sections 77-79 Consumer Credit Act 1974 we are not obliged to provide a copy of your executed credit agreement . The authority is specified in paragraph 4.1 of the Office of Fair Trading guidance of October 2010”

Could you please let me know what you think about this as I had no knowledge of the debt and the county court judgement was filed against me via an address I have never lived at.

Thank you in advance.

[ostell]

When the judge agrees the set aside you will e able to ask for the cca

[Micky10]

ostell Thank you. Any ideas on what to expect during the hearing please?

[Micky10]

Hi there

seems to me a mandatory set aside under CPR 13.2 if you never lived at the address and never gave the address as a place of residence to the claimant. I cannot see how it could be said that serving proceedings on an address you do not live at could possibly be considered good service.

Hi
The set aside hearing (regarding the claimant sending documents and the claim form to the wrong address) is coming soon, but I haven’t received the bundle referring to the case from the claimant. Could you please let me know if I have to request the bundle from the claimant before the hearing date or the claimant will send it by themselves? Thank you in advance.

[pt2537]

Hi
The set aside hearing (regarding the claimant sending documents and the claim form to the wrong address) is coming soon, but I haven’t received the bundle referring to the case from the claimant. Could you please let me know if I have to request the bundle from the claimant before the hearing date or the claimant will send it by themselves? Thank you in advance.

If youre the applicant then it is normally you that prepares the bundle.

[Micky10]

If youre the applicant then it is normally you that prepares the bundle.

Thank you! Will keep you posted on the progress

[Guest]

Yet again summons to the wrong address, judgment granted, the defendant has to appeal.

[Micky10]

Thank you! Will keep you posted on the progress

Hi

I got the below email from the claimant re the set aside hearing next week. Could you please advice if i should respond or wait after the court hearing. Thank you in advance.


"I am writing with reference to the application to set-aside Judgment you filed with the Court.

I have been assigned to handle your application and I wondered if you could confirm the best number and time to reach you so we can discuss over the phone.

I look forward to hearing from you by return"

Kind regards"