CCJ issue.

[pt2537]

Re: CCJ issue.

Thanks all.
So this all looks like it's going to get complicated?
I'm not really sure the exact steps I should follow.
Can they enforce a CCJ if it was served to the wrong address?
Shelter had no correspondence back from them there for no payments were made.
So first thing is to do a SAR and see what information comes back?
Or do a SAR and the letter that pt2537 suggested?
Sorry if it seems like you have to break it down in idiot terms but unfortunately when it comes to things like this I haven't a clue.
Or is this easier for me to get help/someone else to do it? I don't know how this works.
Thanks.

The short answer is yes, if they have a judgment, then they can enforce it until it is set aside.

What needs to happen here is that firstly you need to be pro active, you cannot sit on your laurels as each day thats delayed is a day lost

There is no right or wrong answer, there are options, think of it as a trip to scotland, there are many different routes you can take all of which get you to the same location. The reality is, as long as you get the ball rolling it wont be difficult to deal with, indeed what i normally do is to write to the opponent asking them to consent to the judgment being set aside, especially when they are in difficulty like they appear to be here.

Of course there is nothing to stop you bypassing this and going straight in with an application to set aside Judgment.

Making a subject access request is a good idea too, but i wouldnt wait til they respond before taking action, as to do so could prejudice your case.

You can instruct someone to deal with this if you wish, litigation can be tricky at the best of times, so theres no shame in accepting that you need legal advice but there are also people on here who will happily help you to resolve this on here too.

[Weazal]

Re: CCJ issue.

Right OK. So letter asking to set aside and SAR will be looked at tomorrow then and I will send it off recorded delivery. All that to look forward too after a 12 hour day at work. Failing that if I decide to go down the litigation route can anyone advise on anyone specific and rough idea on fees? I can look online during lunch at work but writing a letter will have to wait till tomorrow evening.
Thanks.

[Joanna C]

Re: CCJ issue.

Thanks all.
So this all looks like it's going to get complicated?
I'm not really sure the exact steps I should follow.
Can they enforce a CCJ if it was served to the wrong address?
Shelter had no correspondence back from them there for no payments were made.
So first thing is to do a SAR and see what information comes back?
Or do a SAR and the letter that pt2537 suggested?
Sorry if it seems like you have to break it down in idiot terms but unfortunately when it comes to things like this I haven't a clue.
Or is this easier for me to get help/someone else to do it? I don't know how this works.
Thanks.

As Di has said you need to check as best you can that the debt is statute barred. If you are happy that it is statute barred then in the template letter at post #14 it would assist if you added that you believe the debt to be statute barred as well.

It doesn't have to be complicated but it is usually better to make an application to set aside sooner than later as you are expected to act promptly on finding out about the Judgment but you should also do the SAR as well as Di suggested at post #10- in our experience hearing dates for the set aside application to be heard can range from several weeks to several months.

[Diana M]

Re: CCJ issue.

So this all looks like it's going to get complicated?
I'm not really sure the exact steps I should follow.
So first thing is to do a SAR and see what information comes back?
Sorry if it seems like you have to break it down in idiot terms but unfortunately when it comes to things like this I haven't a clue.

It doesn't have to be complicated

1. Send the SAR like I said. It doesn't matter how long they take to respond since as Jo has said a set aside application will require a hearing listed at your local County Court which may take weeks or even months depending on how busy your particular court is.

2. Make a copy of your credit file showing that you are on the Electoral Roll at your current address and have been for the last four years.

3. Check your CRA file to see if the Claimant has searched it. If they have then that's good because if they did search it they would have seen you're on the Electoral Roll at your current address which begs the question why did they issue a claim to an old address.

4. Check your CRA file to see if you're linked to your old address (where the CCJ was obtained).

5. The Statute Barred clock stopped ticking when the claim was issued but since you think it was SB before then it won't make a difference to your debt's SB status.

6. As I understand it Shelter only tried to help you to source the debt but didn't make any payments on your behalf.

7. If the Claimant tries to enforce the CCJ (you've said you rent so no Charging Order on any property) you may be able to make an application to suspend that pending the outcome of your Application to set aside the CCJ.

One step at a time.

Di

[Weazal]

Re: CCJ issue.

Thanks Diana, nice easy steps for me to follow. Is there a template letter for the SAR and is there a fee I need to pay for this? Also do I send the SAR to Black horse or to the solicitors who are acting on their behalf?

[charitynjw]

Re: CCJ issue.

Thanks Diana, nice easy steps for me to follow. Is there a template letter for the SAR and is there a fee I need to pay for this?
http://www.legalbeagles.info/forums/...ur-information
£10
Also do I send the SAR to Black horse or to the solicitors who are acting on their behalf?
To the original creditor. (Black Horse?).

####

[Diana M]

Re: CCJ issue.

Thanks Diana, nice easy steps for me to follow.

I forgot to add step No 8

Call the court again and ask them to send you a copy of the Default Judgment (CCJ) and the "Case Details" which will be a computer printout of the Claim Form including the Particulars of Claim.

To get a CCJ set aside you need to do two things. Prove that the claim was served on the wrong address (copy of your CRA file will show you on Electoral Register etc) and also persuade the court that if they were to set aside the CCJ you would have 'likely prospects' of success in defending it. Otherwise the DJ could think "what's the point?".

With your application you'll be filing a Witness Statement with exhibits to support your story that the Claimant should and could have known your current address. If you check the 'Searches' section of your CRA file you can see if they searched it. If they did search it then they can be questioned on why they still served the claim on your old address. If they didn't search it they can be accused of not doing their due dilligance (homework) before issuing the claim. Damned if they do and damned if they don't.

Then we always file a Draft Defence with the application showing that if you were given the opportunity to defend the claim you have a reasonable chance of winning. That's why you need NCCBC to send you the Case Details including the POC. Obviously you would include the Statute Barred argument but it's wise to add in as many legal arguments as you can in case one falls by the wayside.

Charity has linked you to the forum SAR template which you send to the original creditor including a £10 fee. It'll be worth the investment.

Are you sure the Claimant is Blackhorse and not a debt purchaser like Cabot etc? If you've not been in touch with them (Blackhorse) for at least eight years I would expect them to have sold it on. The court can clarify this for you (unless Shelter already has).

When you've got everything ready it may make sense to contact the solicitors to invite them to consent to your (potential) application to set aside.

Sometimes if you give them enough evidence that it'll be futile for them to carry on with the claim once the CCJ has gone then you can ask them to consent to the set aside and ask the court (respectfully) to dismiss the claim at the same time. That's why Jo said any letter you write to them should flag up that the debt is well and truly Statute Barred (if it is). You would attached a copy of your (potential) application, WS and Draft Defence so they know you mean business. Give them a deadline to respond after which you'll be filing your Application. Cross that bridge when you get to it.

Get the information you need from your CRA file and NCCBC then take it from there. (The SAR can play catch-up.) Was there any correspondence between Shelter and Blackhorse which might help? Something which says they've not been in touch with you for eight years (I can but hope they've shot themselves in the foot )

What you're doing shouldn't be complicated it should be logical once things are demystified for you.

Di