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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Can a ccj be logged against me if the full name and address

Customer Question

Can a ccj be logged against me if the full name and address has not been obtained?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is it registered at a previous address?

Have proceedings been issued.

Can I have all the surrounding details please?
Customer: replied 2 years ago.

Its all a big mess really.


My sister has been using my eBay account and got herself into trouble with a seller whom requested she make payment for goods through her personal bank account. Sister did and the seller refuted any payment made. She had already sent the goods, which consisted of a set of curtains and window blind, curtains were faulty and sister sent this back. Never heard from seller and then got issued court papers which were in my abriviated fisrt name and maiden name to my sisters address - I have not been logged to have lived there. Sister panicked and sent the papers back to courts as adressee unknown, had another letter sent from the courts which she opened to see that it had been acknowledged that the person was unknown at that address, another letter from courts to say that a judgement had been entered.

Expert:  Jo C. replied 2 years ago.

There appears to be a judgement in your name but at her address. Is that correct?

You appreciate that your sister has caused this problem for you.

If she had simply returned the documents duly completed to the court, all the proceedings would have been transferred to your local court which may not be particularly convenient for the seller. However she did not do that and therefore it is academic now. Proceedings are always heard in a private individual defendants home court, not the claimants.

You need to apply to court using court form N244 to have the judgement set aside on the basis that you never received the documents because they were sent to your sisters address and to have the proceedings transferred to your home court.

There will then be a hearing at your local court eventually when you will be able to argue the case.

Here is a link to some notes on setting aside a County Court judgement.

Can I clarify anything for you?

Customer: replied 2 years ago.

What would happen if I chose to ignore this judgement? Its not in my full name nor in the correct address?

Expert:  Jo C. replied 2 years ago.
If you ignore it, the claimant may get a further court order incurring more court costs which are recoverable and send bailiffs round to the house to levy distress on goods for sale.

Your sister will have to say that you do not live at that house and never have done.

She does not have to give the bailiffs your address and she must not let them through the door under any circumstances.

It really depends whether you want your sister and your sister wants the problem of having bailiffs calling at the house
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Could this judgement appear on my credit file? No date of birth was disclosed not my current address?
Expert:  Jo C. replied 2 years ago.

It would appear with your name but at that address so it is unlikely that anyone could link you to that address unless they carried out any investigations or unless you previously lived there.

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