CCJ Removal Process

[Never-In-Doubt]

Hang on. Are you saying in 2011 they issued a claim and won / you accepted liability and / or made an offer and agreed £10/m.

The point is, they can win their claim and NOT apply for a CCJ immediately. So it *could* be the one and same debt.

From what you've just wrote, to me it appears a CCJ wasn't sought in 2011; rather in 2017 off the back of the claim from 2011.

Does that seem more likely to you?

[Kiddo68]

Well I was just asking as that's what it looks like because cannot remember defaulting in 2017 on anything, so that's why I said in the OP that it renewed obviously since then you've informed me that it doesn't renew so I cant think of any other explanation?

[Never-In-Doubt]

Ok, I think you need to establish the history behind this. Regardless, I think they've played dirty but you can't do much without the facts.

So chase the claimant / court for full details.

[Kiddo68]

Ok thanks will do, so do that do I contact the number that plan b provided on the earlier post?

[Never-In-Doubt]

Ring the court to obtain a duplicate of the claim etc. They can charge £10 but ask for it emailed and might be free.

But with this, you can then look at options etc and decide what to do next. They shouldn't issue a CCJ at an old address.

[PlanB]

I cant think of any other explanation

I can

You previously said that you have the paperwork for the 2011 CCJ (Order for £10 per month as agreed) which has a different claim reference number to the one from 2017 which you've just sourced on Trustonline.

the paperwork already stated which court it was but the claim reference differs on the paperwork to what the trustonline report says as does balance amounts its a bit of a mess tbh and not sure how to proceed.

A claim reference number would not change during ongoing legal proceedings.

At the moment this is all speculation so once you've established the facts from NCCBC post on your thread.

If this was a CCJ (Default Judgment) for a claim which was served on an address where you weren't living in 2017, then a set aside is worth considering. The court expects you to act "promptly" after the "date of knowledge" i.e. as soon as you know about the CCJ you need to get on with it.

However you don't know enough yet to make that decision so keep digging.

Di

[Kiddo68]

Ok I've been trying to get through their number most of this PM ridiculous call waits anyway I will try again tomorrow and report back, thanks again to you both.

[PlanB]

I will try again tomorrow and report back, thanks again to you both.

You're welcome

Maybe you shouldn't contact the Claimant direct (once you know who they are) until you've posted any update on your forum thread in case that triggers any enforcement action of the CCJ by them before you are ready to take any action needed if advised to do that.

Di

[Never-In-Doubt]

^^ agreed. Don't contact anyone but the court.

My bad. Sorry

[Gerry Jemitus]

It always takes a long time to get through to the court, but they do answer in the end, you just have to hang on. It might be an idea to get a cup of tea or coffee and a good book ready before you start.

[PlanB]

Don't contact anyone but the court.

I completely agree with you.

At the moment the OP has no 'knowledge' of who is/was the Judgment Creditor and/or why the (possible) Default Judgment was obtained, except that Trustonline states it was obtained at an address where they were not living at that time so they weren't able to defend their position.

In my experience with situations like these the Judgment Creditor will argue "last known address" which can sometimes be counter-argued.

I'm not going to raise the OP's expectations but a history of who-knew-what-and-when-and-why would be helpful. Such things as being on the electoral roll at their new address, and/or utility or council tax bills and/or tenancy agreements can be helpful.

Di

[Kiddo68]

OK an update. Finally got the court to send the info, having checked it all it relates to a different debt.

First of all it states a credit card with a bank name that I have never had any dealings with however the reference no: they stated checks out as a the a/c no: to one of the small debts I pay off each month which is obviously is a DCA but originally with a bank I am familiar with but I cannot see how they are part of the same group.

Anyway the reason why they had my old address is most likely I forgot to tell them I had moved and the new homeowners at the old address simply just didn't forward any mail.

So as I was adamant I didn't default on anything in 2017 that checks out as this agreement by me was started in 2011 @ £5 per month and we missed no payments.

They sold the debt in 2014 to another DCA just after the time we moved but we carried on making the agreed payments, 3 years later they decide to enter a judgment but we don't know this as they only have our old address so receive no notification.

So my questions are now if we were making payments why did they enter a judgment several years later? Also was there any onus on them to correct their records with our new address even if we forgot to tell them?

[Warwick65]

Many credit cards brands get sold for example goldfish (I think) were sold and Egg became Barclaycard. This might be why you don’t recognise it. It might be the DCA do not even know who the original creditor was. You might have a chance to get it set aside by consent as it was sent to the wrong address but you need to act quickly. Of course if it’s a small debt you might decide it’s not worth it. How much is still owing?

[Kiddo68]

Thanks Warwick, I know the original creditor via the ref they provided now but its not the name they provided, but anyway its roughly £5.7k left so do I have a case because of the address issue?

[Warwick65]

PlanB

I think , if you have only just found out you can apply for a set aside because of the wrong address. However that is only worthwhile if you can defend the claim otherwise you would end up with a new CCJ and another 6 years of ruined credit score.

Let’s see what others think.