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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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I have a CCJ for a debt i was unaware of. Documents were

Customer Question

I have a CCJ for a debt i was unaware of. Documents were sent to my old address. The first i knew of this debt was the occupiers of my old address sending the documents to me. I have applied to the court with a N244 form to have it set aside but havent heard anything back in 2 months. Now ive had the same debt sent, again, to my old address, from a different court. So now i have no idea what to do
Submitted: 20 days ago.
Category: Law
Expert:  Jo C. replied 20 days ago.

Have you told the creditor your new address?

Customer: replied 20 days ago.
No
Customer: replied 20 days ago.
However, the creditor was told, twice, via email that i no longer live at at address before they started legal action
Expert:  Jo C. replied 20 days ago.

Yes, ok. But do they have your new address?

Customer: replied 20 days ago.
No. Already said that!
Expert:  Jo C. replied 20 days ago.

In that case, they are entitled to write to the old address. if you don't give them the up to date address they are entitled to presume your last known address is the correct one.

This might be the reissue of the claim form.

You will only be able to find out if the CCJ was set aside if you contact the court or check your credit file although that might not have been updated correctly.

But the setting aside of the CCJ only goes so far. They are still entitled to act upon it.

Can I clarify anything for you?

Jo

Customer: replied 20 days ago.
Why have i been sent a debt from one court about the debt, and then another court about the same debt? Who do i contact? How do i stop both being pursued?I want to be able to pay the original debt, by monthly payments. Not with the additional fees. How do i go about this? Can i make a case that the CCJ should be completely removed, not just satisfied?I don't even agree with the CCJ. I was making monthly payments, as agreed. Then i find out that the payments were not being taken off my debt. I challenged the company on this, who then completely removed the file from my credit history and went straight to court with it
Expert:  Jo C. replied 20 days ago.

Obviously I will have no way of knowing why you have been sent this correspondence. There could be many reasons - mistake, new debt, reissue of old etc etc.

There is no realistic chance of monthly repayments now. They will want to secure it with a CCJ. You can try to negotiate but they are not likely to agree given that you didn't give them your new address.

Unless you get it set aside it cannot be removed in full. They may well add a default anyway so there is not much difference.

Customer: replied 20 days ago.
But why is it a different court? Which court do i deal with? I dont want to pay one debt and then still be chased for the same one from a different court.I was sent an advice slip from a solicitors offering to come to some arrangement to pay the debt...Why have they done this if they have secured a CCJ?obviously i disagree with the CCJ as i wasnt aware of it. But given your experience, what is my best course now?
Expert:  Jo C. replied 20 days ago.

Obviously I will have no way of knowing why you have been sent this correspondence. There could be many reasons - mistake, new debt, reissue of old etc etc.

It may be fresh debt. I will obviously have no way of knowing.

I would imagine they were trying to agree a variation order on the CCJ.

I'm happy to continue with this but please rate my answer.