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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I lost my business and 2 homes in 2008 and had a lot of debt

Customer Question

Hello
I lost my business and 2 homes in 2008 and had a lot of debt at the time. I moved to rented accommodation in Feb 2009 and have since moved again in Jan 2012.
I have just received a letter from Lowell saying that I have a CCJ obtained on 1st Feb 2011 and an order to pay £50 per month from 1st March 2011. I was not aware of this and hadn't seen any thing from the original creditor or who ever the debt chasing company was at the time. I have just checked with the Bulk CC centre in Northampton and the CCJ was sent to my pre Feb 2009 address, 2+ years after I had moved. Lowell had been chasing me for other debts at the time and these letters were sent to the correct address. I am not sure what to do here, call me cynical but the CCJ has less than 6 months left! I would be very grateful for your advice.
Currently, at 62 I am now rebuilding life again although I suspect my days of owning my own home are long gone.
Thanks and regards
Mike
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Did you ever have an IVA or bankruptcy as a result of these debts Mike?
Alex

Customer: replied 11 months ago.
Hi Alex
No, I tried and succeeded in avoiding both an IVA and Bankruptcy. I work for myself as a technical sales agent and a bankruptcy would have been a problem with most of the agency agreements I have with my principals.
Expert:  Ash replied 11 months ago.

Do you have any defence to this debt do you know?

Customer: replied 11 months ago.
There is no defence unfortunately, I believe the original debt was for an Argos account card and the original amount owed was around £1800. I think I'm more surprised about this than anything else - the debt is 71/2 years old but to have a CCJ obtained without any knowledge - all my mail was re-directed for 2 years as well.What surprises me most is that there is an oder to pay £50 per month and after 51/2 years why has this taken so long to make contact, to the correct address as well.
Expert:  Ash replied 11 months ago.

Thanks. Sadly they have 6 years to make contact. If you had a defence then you would have been able to apply to set aside, but you cant do that.

They have 6 years before they can begin to enforce, so sadly if you dont make an arrangement to pay then they can enforce by sending on bailiffs etc.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
Hi AlexThanks for letting me know. It seems strange that they can send a CC summons to an old address, even though they have the correct one on file!
Expert:  Ash replied 11 months ago.

Indeed, that would be grounds to set aside. But then you have no defence and they could just get a CCJ at your new address.

Does that clarify? Alex

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