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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, Ive just found out I have a CCJ which is a possession

Customer Question

Hi, I've just found out I have a CCJ which is a possession order. Served on me in October 2008 when I didn't live at the property (I left in July 2008). As I didn't receive the papers (and couldn't possibly have done) can I get the judgement set aside
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You said it was served on you in 2008?
JACUSTOMER-3wkavdsw- :

October 2008

Alex Watts : What would your defence to the money claim be?
JACUSTOMER-3wkavdsw- :

I don't know because I don't know the details of the claim. However, I do know that they knew I was no longer at the property so is it legal to serve papers there?

Alex Watts : Did you inform them you had moved?
Alex Watts : i assume the claim would be for arrears?
JACUSTOMER-3wkavdsw- :

I think I did. It was so long ago

Alex Watts : You must know why you had a possession order made against you?
JACUSTOMER-3wkavdsw- :

This is my whole point - I only found out this morning about any of this

Alex Watts : But you said you were served on 2008?
Alex Watts : @ in @
JACUSTOMER-3wkavdsw- :

Yes so I found out this morning. Or sorry the CCJ was dated October 2008 but I only found out about this, this morning. It has only come to light because it has been picked up by a credit reference agency.

Alex Watts : was it a landlord or mortgage company?
JACUSTOMER-3wkavdsw- :

It would appear from the name of the claimant that they are chartered surveyors. The landlord went into administration which was the reason why we were told to leave the property in July 2008 which we did.

JACUSTOMER-3wkavdsw- :

Obviously I have no proof of this so far down the line

Alex Watts : You can apply to set aside.
JACUSTOMER-3wkavdsw- :

On what grounds please?

Alex Watts : you need to show that you have a realistic prospect of successfully defending the claim and that you acted promptly.
Alex Watts : This is the test.
Alex Watts : That you have a defence and you acted promptly when you knew about it.
JACUSTOMER-3wkavdsw- :

I can't defend any claim as I have not retained records so many years later

Alex Watts : If you can't defend it then you can't set it aside.
Alex Watts : That is the test - that you have a realistic prospect of success.
Alex Watts : in any event it will drop off your credit file after 6 years
JACUSTOMER-3wkavdsw- :

I could have done at the time if I had received the court papers but as they served them on an address they knew I no longer lived at I had no chance of defending it at time

Alex Watts : But the requirement is that you are served at your last known address to them.
Alex Watts : If you lived there and moved, then service at that address is acceptable.
JACUSTOMER-3wkavdsw- :

But they told me to get out so we did! Seems like a complete stitch up!

Alex Watts : I am sorry if this is not the answer you want and 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?
JACUSTOMER-3wkavdsw- :

No thanks.

Alex Watts : i would not worry too much as it will drop off your credit file after 6 years.
Alex Watts : You have options
Alex Watts : 1) don't set aside and 6 years it comes off
Alex Watts : 2) apply to set aside but you must show you have a realistic defence.
JACUSTOMER-3wkavdsw- :

Yes I know but we are currently looking to rent a property, this is why the credit reference agency have picked it up.

Alex Watts : Yes,
Alex Watts : You could write to them of course and see if they would consent to set aside.
Alex Watts : Can I clarify anything for you?
JACUSTOMER-3wkavdsw- :

yes I think I will try it.

JACUSTOMER-3wkavdsw- :

Thank you

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help:
Alex Watts :

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