Just spotted a CCJ on my credit file from 2020 - the process of getting it set aside

[DarrenBoro]

Hi each & all - I have just noticed a CCJ on my credit file ( issued on the 9th October 2020 ) after applying for finance and being refused, hoever upon further inspection it has transpired that all the paperwork was sent to an address I do not live, have never lived - have never been registered at, and have never been on the electoral register at - I have however been registered on the electoral register at my current address since ( 2019 ), yet all paperwork from the claiment was sent to an address where I have never lived - on my credit file it has the address where they sent all documentation to as a "linked address only" which was my ( my mothers ) at the time, however she was suffering from dementia and I certainly never received any letters on the few occasions I visited her ( she is in a care home now )

Now after a bit of searching I think I have a strong case based on the fact that this well known debt buying organisation sent all the documentation to an address I have never lived, could someone ive me the best way of processing this, I have downloaded the N244 and will compete it when Northampton County Court answer the phone so I can get the in depth details, do I contact the claimant and ask them to agree to seet asside the order? or do I just go through the courts.

I am hoping someone with a bit of knowledge or experience can guide me on the best process/processes regarding this

Many thanks in advance - Darren.

[echat11]

Hi Darren

Contact the Claimant state the facts (never lived at address / never received paperwork), ask that they consent to the set aside, proving they agree, the set aside fee is £100 otherwise it's more then double that.

You could also consider sending them a SAR, they will provide all the data on the account, which will show everything was sent to the wrong address. They probably sent everything to the wrong address on purpose. They have 30 days to respond to the SAR. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[DarrenBoro]

Hi Echat1 - and thank you for taking the time to respond ( espeially over the festive season )

I will follow that advice to the letter ( figuratively speaking ) when you say "They probably sent everything to the wrong address on purpose" am I right in thinking that this was done because when as they expect I get in touch RE: the CCJ they will then have a valid address for me? or some other reason?

Kind refards in advance
Darren

[ostell]

They used an incorrect address knowing that there would be no response and so they would get a default judgement. Not uncommon

[echat11]

Hi Echat1 - and thank you for taking the time to respond ( espeially over the festive season )

I will follow that advice to the letter ( figuratively speaking ) when you say "They probably sent everything to the wrong address on purpose" am I right in thinking that this was done because when as they expect I get in touch RE: the CCJ they will then have a valid address for me? or some other reason?

Kind refards in advance
Darren

Sometimes creditors will send the paperwork to the wrong address, with the knowledge that you won't receive it, that's just to get the CCJ against you. It's a well known tactic. Quite a few posts on this site regards 'bogus address / CCJ'. As you say they could of sent the paperwork to the correct address as it was a case of just looking at the Electoral Roll.

What kind of debt is it? Credit Card, loan etc.

[DarrenBoro]

Hi the CCJ relates to ^Mail Order^ a catalogue from what I can remember, there are a few other defaults on there from 2016, ( I went through a pretty rough patch like many of us do ) there is also a "default" of £1,880 ( I think this was a Credit Card ) from the same company on my credit file also from 2016 - I am a little concerned that when they get my current address they will persue the other one which is due to drop off in about 10 months - and from what I remember once you communicate with a Creditor RE: a debt, the statute barred 6 year period no longer applies - maybe I should use my Business address and not my home address -

[echat11]

Hi the CCJ relates to ^Mail Order^ a catalogue from what I can remember, there are a few other defaults on there from 2016, ( I went through a pretty rough patch like many of us do ) there is also a "default" of £1,880 ( I think this was a Credit Card ) from the same company on my credit file also from 2016 - I am a little concerned that when they get my current address they will persue the other one which is due to drop off in about 10 months - and from what I remember once you communicate with a Creditor RE: a debt, the statute barred 6 year period no longer applies - maybe I should use my Business address and not my home address -

To get a set a side, you would need to provide your correct address to the court. Maybe wait the 10 months then tackle the CCJ.

[DarrenBoro]

That is a really good idea Echat - will the time lapse of almost 2 years since I raised the issue with the courts have no negative impact? as this does sound like the best way to go if it will work

[echat11]

That is a really good idea Echat - will the time lapse of almost 2 years since I raised the issue with the courts have no negative impact? as this does sound like the best way to go if it will work

What did you raise with the court?

[DarrenBoro]

I have not raised anything with the court as of yet - I have just downloaded the N244 - If however I hold off on sending the N244 until another 10 months ( the bad stuff drops off from my credit file then ) , will the fact I have waited almost 2 years before asking for the CCJ to be set aside have no negative impact from the court?

[ostell]

The courts could frown upon the delay, wondering why you didn't take action as soon as you found out.

Communicating with a creditor does not restart the statute barred time as long as you don't admit the debt.

[DarrenBoro]

I think I will just go for it and contact the Debt Purchasing company and ask for them to consent to set aside the order based on the clear facts - whilst at the same time not admitting any debt owed - I will keep the forum updated RE: any response I get from them, if they agree "which I doubt" ( I will then hit them with a subject access request ) and lodge the N244 form to the court at the same time

Thanks for the advice

[echat11]

What you could do, which might get them thinking is tell them you are minded to lodge a complaint with the ICO, as they have the incorrect address on their database. You are also minded to lodge a complaint with the FOS as the CCJ has hampered your ability to obtain credit. See what they comeback with.

[DE DOGS]

Hi Darren

Contact the Claimant state the facts (never lived at address / never received paperwork), ask that they consent to the set aside, proving they agree, the set aside fee is £100 otherwise it's more then double that.

You could also consider sending them a SAR, they will provide all the data on the account, which will show everything was sent to the wrong address. They probably sent everything to the wrong address on purpose. They have 30 days to respond to the SAR. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

I stated previously that the Summons is sent on purpose so that the Judgement is obtained, it is not until later that this comes to light, on reading the forums this seems to occur quite frequently.

[echat11]

I stated previously that the Summons is sent on purpose so that the Judgement is obtained, it is not until later that this comes to light, on reading the forums this seems to occur quite frequently.

There should be some sort of fine, if it's known that the creditor had the correct address or could have checked for it.