CCJ please help

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
Post Reply
Bas1989
Posts: 3
Joined: 10 Sep 2017 21:12

#1 CCJ please help

Post by Bas1989 » 10 Sep 2017 21:25

I have received a CCJ this week in the post from Northampton court from lowell, for what I think is a very account for £900.

The account was in my name but was not used by me, was used and controlled by my ex partner who was extremely abusive and violent towards me. I left this partner two years ago and have an injunction against him and custody of my child. Due to the nature of the abuse I suffered, I have suffered with extreme mental health issues, I am on strong antidepressants and receiving therapy. Sounds silly but I have a really bad fear of opening mail.

So my mail has been getting managed by my family. My uncle promised me he had sent a defence for this CCJ but I don't think this was the case.

My question is, if I send a letter now do I have any chance in setting the CCJ aside or is it too late?!

User avatar
Schedule 12
Posts: 13255
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: CCJ please help

Post by Schedule 12 » 10 Sep 2017 21:40

Bas1989 wrote:
10 Sep 2017 21:25
I have received a CCJ this week in the post from Northampton court from lowell, for what I think is a very account for £900.

The account was in my name

You are liable for it.



but was not used by me, was used and controlled by my ex partner who was extremely abusive and violent towards me. I left this partner two years ago and have an injunction against him and custody of my child. Due to the nature of the abuse I suffered, I have suffered with extreme mental health issues, I am on strong antidepressants and receiving therapy. Sounds silly but I have a really bad fear of opening mail.
You might be exempt from civil enforcement. I would not be concerned about opening mail.


So my mail has been getting managed by my family. My uncle promised me he had sent a defence for this CCJ but I don't think this was the case.
The court will ignore your uncle's defence. Only you can defend it.

My question is, if I send a letter now do I have any chance in setting the CCJ aside or is it too late?!
You can apply to set it aside if you did not know about the proceedings (not necessarily the debt itself) and you acted with reasonable promptness when you learned of the CCJ.

Lowell will probably not be able to counter your defence because it bought the debt and applied for judgment hoping it will be undefended.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Bas1989
Posts: 3
Joined: 10 Sep 2017 21:12

#3 Re: CCJ please help

Post by Bas1989 » 10 Sep 2017 21:57

Thanks for your reply, how do I defend it do I explain my circumstances?

User avatar
Schedule 12
Posts: 13255
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#4 Re: CCJ please help

Post by Schedule 12 » 10 Sep 2017 22:54

Just make the application on the basis that you do not know the origin of the debt.

The court will order a stay pending a further hearing for the claimant to file evidence supporting the debt. Lowell, seeing as they only bought the debt and knows nothing about the history of it, probably won't be able to defend it, so the judgment will probably be set aside.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Bas1989
Posts: 3
Joined: 10 Sep 2017 21:12

#5 Re: CCJ please help

Post by Bas1989 » 10 Sep 2017 23:27

Thank you so much

Post Reply