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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, Ive been sued and have received a CCJ for unpaid maintenance

Customer Question

Hi, I've been sued and have received a CCJ for unpaid maintenance charges for an address I still own.

I moved from this address 3+ years ago, and informed the maintenance agency at the time of the change in address (I did this by letter, but can't find a copy).

I understand from their lawyer that they've been sending correspondence to my old address, including the summons, and subsequent order from court. I only found out about the CCJ when a bailiff contacted the agency through whom I rent out the house.

I don't dispute the maintenance charge and accept this, but I've since found out that the court costs amount to nearly double the maintenance charge. Total owning is near £1k.

Do I have any redress given they have been corresponding with me at the wrong address? As I said, I had informed them in advance.

Please help
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

When did you find out about it? I assume it was served at an address you are no longer at? Do you think you have any defence?

JACUSTOMER-9z34r8vn- : I found out when the agent who rents the house on my behalf called to say they'd been contacted by the bailiff.
JACUSTOMER-9z34r8vn- : i don't know if I have a defence. All papers (including the original bills) were sent to the address of the house I own, but now rent.
JACUSTOMER-9z34r8vn- : I had sent them a notice of address change when I moved, but can't find a record of this unfortunately. I'm not disputing the maintenance charge, but I am disputing the costs and the CCJ which I had no notice of since they were all sent to my old address. I would have cleared the charge immediately had the bill been sent to the right place. Do I have any redress? Should the have sent the court order recorded delivery?
Alex Watts :

Which costs are you disputing, the bailiff fees or Court issue costs etc?

JACUSTOMER-9z34r8vn- : Yes. The cost of court, bailiff and the CCJ itself since I had absolutely no idea it was all happening. I have no problem paying the maintenance charge.
Alex Watts : Sadly unless you have a defence those costs are payable. You can only apply to set aside if you actually have a defence. If you do not have a defence and the court claim form was properly served upon the property then you have no choice but to pay.
Alex Watts : This is because to set aside and void any costs you need to show you have a realistic defence, if you do not then your application would fail and you would have to pay more costs.
Alex Watts : I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?