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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hey, I got a CCJ awarded last year. I only found out when i managed to get a letter off th

Resolved Question:

Hey, I got a CCJ awarded last year. I only found out when i managed to get a letter off the debt collection agency saying it had already been awarded. This letter went to the wrong address.
I have no idea what court they went to. I did try to contact the debt collection agency via email in march last year and got no response so i assumed everything was cleared.
Until now when i have tried to go mortgage.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : please let me know whether you have any realistic defence to the claim?
Customer:

I contacted them in March via email. I still have the email logged and received no reply. I checked that is was the right email and it was. I waited response then received nothing back. Until i was handed a letter in October saying they have got a CCJ against me, as soon as i was given the letter by my parents i paid a small amount off immediately and have continued doing so. I had no idea they were going court judgement, if i had known i would have stopped the process and started paying immediatly.

Customer:

As far as i was aware since they didn't reply it went to the back of my mind and didn't owe them anything.

Customer:

They sent that letter to the wrong address.....

Customer:

Like i said in my original query, i don't know what court they went to, when they applied CCJ

Alex Watts : Do you know the address they secured judgment At? Was that wrong?
Customer:

Yes, i didn't live at that address, i haven't 2 years.

Alex Watts : Ok, did they know that?
Customer:

When i emailed i told them everything.

Alex Watts : Before or after the ccj?
Customer:

In march

Customer:

i have no idea when they applied CCJ

Customer:

this is the email i sent

Customer:

Good Afternoon.

My name is***** and used to reside at 18 Mount View, Swalwell, Newcastle Upon Tyne. NE16 3HY.

A few years ago, i recieved a letter from yourselves regarding a debt which needed paying. I waited and waited and nothing further came through to organise a direct debit order to pay off this outstanding debt.

I left it and eventually slipped my mind until now. Would you be able to advise me further in regards ***** ***** debt. Is there:

A) Anything on your system to show i owe anything.
B) Was this letter sent out by error?

Would like to know either so i can bring it to a close. I speedy response would be grateful.

Kind regards

Claire Fiddler

Alex Watts : ok. You can apply to the court to set aside judgment, you need to complete form n244
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : Sorry http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n2441-eng.pdf
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Customer:

I don't know what court it was though?

Alex Watts : There is a court fee of £155 to pay
Alex Watts : Yes I know that, which is why you are applying to set aside.
Alex Watts : The court will list the matter and decide whether to set the ccj aside.
Customer:

ahhh this is fantastic, thanks

Alex Watts : The court should then also set it aside.
Alex Watts : Your main argument is that you habe not been served with the claim form, you were at a different address
Alex Watts : But this can only be done at a hearing.
Alex Watts : The court may also want to explore if you have any valid defence to the claim.
Alex Watts : Can I clairfy anything about this today please?
Customer:

No, thanks alex you have been a great help :)

Alex Watts : great, if I Could ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
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