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Author Topic: CCJs  (Read 2445 times)

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redelitev6

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CCJs
« on: 08 March 2015, 17:30:47 »

My 22 yr old son is being chased for some supposed debt he picked up at university a few years ago , he's had a few letters sent , but to the wrong address , our "helpful" postie has recognised our surname and has kindly re-directed these letters to our house . Am I right in thinking all the paperwork has to be exactly right with this sort of thing ?  to make it worse we think that the solicitors have sent snide paperwork pretending to be a CCJ , is there any way I can check with the courts if it's good paperwork ? I've been one site but they want £10 too check it out .
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JamesV6CDX

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Re: CCJs
« Reply #1 on: 08 March 2015, 17:36:07 »

If the address for the person owing the debt cannot be found, the ccj could be added by default at court in his abscence. If he owes the debt I'd say sort it fast, even if you have to make some arrangement with the creditor

A ccj at 22 will royally screw his prospects well into his 30s... My advice is sort it quick :y
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Terbs

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Re: CCJs
« Reply #2 on: 08 March 2015, 17:59:16 »

To the best of my knowledge and belief, you have 28 days to pay after the court rules against you. Then the bailiffs get involved and your debt will spiral !!!!!!

Apologies if this is not correct. :)
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redelitev6

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Re: CCJs
« Reply #3 on: 08 March 2015, 18:10:28 »

To the best of my knowledge and belief, you have 28 days to pay after the court rules against you. Then the bailiffs get involved and your debt will spiral !!!!!!

Apologies if this is not correct. :)
Not me fortunately , sadly my son , who hasn't got a penny to scratch his a**e with  :(
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LC0112G

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Re: CCJs
« Reply #4 on: 08 March 2015, 18:16:13 »

A ccj at 22 will royally screw his prospects well into his 30s... My advice is sort it quick :y

+1

With a CCJ default against his name he will struggle to get a mortgage, any credit cards, and in extreme cases even a bank account.

Someone needs to pay the amount of the CCJ pronto, or he'll be stuffed for years to come.
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Kevin Wood

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Re: CCJs
« Reply #5 on: 08 March 2015, 19:18:57 »

.. and, if it's your home address that we're talking about, it won't just be your son who's affected. :(
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Terbs

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Re: CCJs
« Reply #6 on: 08 March 2015, 19:57:36 »

This link will possibly answer some of your questions, as regards who is responsible for the debt, etc

https://www.payplan.com/2012/08/15/the-truth-behind-the-top-20-debt-myths/
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bigegg

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Re: CCJs
« Reply #7 on: 09 March 2015, 07:57:14 »

CCJ will screw his prospects for six years, then it drops off the credit file.

You can find out if the court documents are real by phoning and asking the issuing court.

If he got a CCJ at the wrong address, and therefore didn't see the paperwork, he can apply for a "set aside", which restarts the court process. IF and only IF he has a reasonable prospect of a defence.

What is the debt for? How much? Does anything show on his credit file (noddle.co.uk is free, experian and the other one (credit??? something) do a months free trial to see his credit file).

If the CCJ was something like a mobile phone, he's got a good chance of overturning it. Other debts, it depends - he should speak to a decent solicitor, one who specialises in consumer/contract law - they do free half hours.
Alternatively, consumeractiongroup has some solicitors/law students on the "legal" forum who will assist.


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bigegg

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Re: CCJs
« Reply #8 on: 09 March 2015, 08:01:50 »

PS.
If the letters have gone to the wrong address, chances are it won't show up on your son's file.

IF this is the case, he might be better off ignoring it until something turns up at his door.
A bailiff can only attend the address on the warrant - which will normally be the address on the CCJ.
If a bailiff does turn up, DON'T LET HIM IN for anything!
You would need to fill out a form n45(?) (suspension of warrant) to have him called off, whilst you (or your son) apply for the set-aside.

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LC0112G

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Re: CCJs
« Reply #9 on: 09 March 2015, 09:55:38 »

If he got a CCJ at the wrong address, and therefore didn't see the paperwork, he can apply for a "set aside", which restarts the court process. IF and only IF he has a reasonable prospect of a defence.

This sounds like a dangerous course of action to me based on what has been said because ....

My 22 yr old son is being chased for some supposed debt he picked up at university a few years ago , he's had a few letters sent , but to the wrong address , our "helpful" postie has recognised our surname and has kindly re-directed these letters to our house . Am I right in thinking all the paperwork has to be exactly right with this sort of thing ?  to make it worse we think that the solicitors have sent snide paperwork pretending to be a CCJ , is there any way I can check with the courts if it's good paperwork ? I've been one site but they want £10 too check it out .

So depending what paperwork was received, claiming it wasn't served could be perjury :P. Also, if the address is unknown to the debtor, it is valid to serve papers "at the last known address".

The CCJ in and of itself isn't a problem - it's just the courts ordering him to pay up. However, he only has a fixed amount of time to pay (28 days IIRC) and after that the claimant can apply to the courts for a default, and Baliffs to be appointed - it's at that point the credit file gets hammered, and the fees rapidly escalate.

Given that the son seems to have ignored everything so far, and getting the CCJ appeal wrong could be very expensive, I'd say just pay up now.

sadly my son , who hasn't got a penny to scratch his a**e with

If Baliffs get appointed, it's very likely they will try to scratch his a**e with something a lot more costly and blunt than a penny.
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Sir Tigger KC

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Re: CCJs
« Reply #10 on: 09 March 2015, 11:13:51 »

Bailiff's actually have quite limited powers these days and have no right of entry, so as bigegg says don't let them in!  ;)

They are not allowed to force entry, but are allowed to come in through an open door or window, so if it gets to the stage where you expect a visit, keep the place well buttoned up!

What I've heard is a common tactic is to ask to use the toilet or something, once they are in the door then they can start taking stuff.  Even then, they are limited as to what they can take, they are not supposed to take basic furniture, sofas/beds etc   :-\

There are plenty of grey areas and it can be a minefield, so make sure you are well informed and from reliable sources.  Citizens Advice for example.  :y
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bigegg

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Re: CCJs
« Reply #11 on: 09 March 2015, 13:37:22 »

worst case, N45(?) form can be used to apply for a "redetermination" - your son can ask the ask court to order the claimant to accept installments.
If he's on the dole, that could be a £1 a week
And it will STILL disappear off his credit score after 6 years
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