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Hi I ran my own business but closed it down last year, to cut a long story short a customer paid for there goods direct to my creditors account paying via credit card 3 months later my creditor refunded her credit card and she kept the goods leaving my credit account in debt. I closed the business down and moved out of the property. I have now been informed via a bailifs letter to my home address that I have been taken to court in August and I have a CCJ. I have checked on Registry Trust Website and the CCJ has been recorded at the business address no date of birth and not my full name. I have credit checked my home address and there is no CCJ on my credit files (checked all three). Where do I stand legally with the bailiff he has a Judgement with no full name, date of birth and not the right address. I was never informed of an court date and did not sign a credit agreement with the creditor.
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Re: CCJ Bailiff Help Please
Was this a ltd company?? -
Re: CCJ Bailiff Help Please
No it was sole traderComment
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Re: CCJ Bailiff Help Please
Then you might have problems
Did you sign any personal guarantees?
I will let others comment as not my area personal liability and business debtComment
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Re: CCJ Bailiff Help Please
Whats the law regarding CCJs and proving that I owe the debt. The CCJ does not have my full name does not have my date of birth and does not have my address that I have lived at for the past 8 years. What can the Bailiff do?Comment
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Re: CCJ Bailiff Help Please
Depends what sort of baliff it is, County Court or HCEO
How much are we talking in total??Comment
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Re: CCJ Bailiff Help Please
Was the company your name or a trading nameComment
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Re: CCJ Bailiff Help Please
It High Court Officer and 4k that I dont have and dispute that I owe anyway. they have not turn up to my property yet. but just trying to clarify if he does not have the correct paper work what can they do. As it stands I dont have a CCJ in my name at my address that i have been living at for 8 years Ive checked on the registry trust website.Comment
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Re: CCJ Bailiff Help Please
Its was a trading nameComment
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Re: CCJ Bailiff Help Please
Did you have any personal guarantees??Comment
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Re: CCJ Bailiff Help Please
Why would I have a personal guarantee ?Comment
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Re: CCJ Bailiff Help Please
If its in the name you traded with any bank accounts would have your name on so they are I believe you will be liable.
This should have been disputed in court did you not know of the court actionComment
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Re: CCJ Bailiff Help Please
I did not receive any court letters to my address and I have been living here for 8 years and the creditor know my home address, but sent the court letters to my old business address that closed down last year. I believe they cant prove I had the goods as there was no signature and no credit agreement in place thats why the sent the court papers to a closed down unit, knowing I would be not be turning up to my court date that I did not know about.Comment
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Re: CCJ Bailiff Help Please
You need to apply to have the CCJ set aside that you did not receive the court papers.
Do you have a realistic chance of winning another claim if the judgement is set aside?Comment
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Re: CCJ Bailiff Help Please
It would be normal to send to your Business address if that is the address on the invoice or quote or anything business .
was your home address on your headed paper or invoicesComment
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