Wrong name on letter

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Strippy
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#1 Wrong name on letter

Post by Strippy » 10 Apr 2017 23:48

I have a county court money claim witch has now gone to balliffs I never revived the first claim for as my post code was wrong also my name is Jason they have addressed me as jay and my last name is not spelt correctly.

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Amy
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#2 Re: Wrong name on letter

Post by Amy » 11 Apr 2017 08:48

How did you find out about the court claim if all your details are incorrect?

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Schedule 12
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#3 Re: Wrong name on letter

Post by Schedule 12 » 11 Apr 2017 09:50

If your postcode is wrong, then that is evidence you were not given the claim response pack. Section 7 of the Interpretation Act states:

  • 7 References to service by post.

    Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Your evidence to the contrary is the document with the wrong postcode.

You can apply to set aside the judgment on these grounds.
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Strippy
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#4 Re: Wrong name on letter

Post by Strippy » 11 Apr 2017 10:47

My name is wrong and sir name is misspelled does this affect the balliffs when they come

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#5 Re: Wrong name on letter

Post by Strippy » 11 Apr 2017 11:14

It found its way to me but much later then the date to reply I did speak to them they have now changed my address but can't change my name

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#6 Re: Wrong name on letter

Post by Strippy » 11 Apr 2017 14:09

Strippy wrote:
11 Apr 2017 10:47
My name is wrong and sir name is misspelled does this affect the balliffs when they come

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#7 Re: Wrong name on letter

Post by Schedule 12 » 11 Apr 2017 14:32

Strippy wrote:
11 Apr 2017 10:47
My name is wrong and sir name is misspelled does this affect the balliffs when they come

A typo in the spelling of a name doesn't affect anything.

A wrong address does.
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Strippy
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#8 Re: Wrong name on letter

Post by Strippy » 11 Apr 2017 14:51

My name is Jason stripp they have put jay strip

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Michelle
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#9 Re: Wrong name on letter

Post by Michelle » 11 Apr 2017 21:26

Can you tell us a bit more about this debt? What's the CCJ for and how much is it? Who are the bailiffs enforcing this debt?
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#10 Re: Wrong name on letter

Post by Strippy » 11 Apr 2017 23:09

I got a car of someone for 1200 I paid 600 and done a private job for the rest now after a year he has taken me to the claim court for the rest now with fees £1.177 there was no paper work i.e. Recipe or and signature accepting I financed a car from him total rubbish the only reason it has got this far is the first letter never got to me in time as postcode was wrong so I explain this to the court but the have changed my postcode however my name is Jay strip on all letters my name is Jason stripp what I find amazing is I financed a car but does not even no my name

Strippy
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#11 Re: Wrong name on letter

Post by Strippy » 12 Apr 2017 00:55

Strippy wrote:
11 Apr 2017 23:09
I got a car of someone for 1200 I paid 600 and done a private job for the rest now after a year he has taken me to the claim court for the rest now with fees £1.177 there was no paper work i.e. Recipe or and signature accepting I financed a car from him total rubbish the only reason it has got this far is the first letter never got to me in time as postcode was wrong so I explain this to the court but the have changed my postcode however my name is Jay strip on all letters my name is Jason stripp what I find amazing is I financed a car but does not even no my name
balliffs are county court

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#12 Re: Wrong name on letter

Post by Pote Snitkin » 12 Apr 2017 06:49

Sounds like your 'friend' has got a judgement by default - the claim never reached you so the court assumed you didn't want to fight it. You'll have to apply for a 'set-aside' where the claim gets rewound back to the start - https://www.gov.uk/county-court-judgmen ... -the-money
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#13 Re: Wrong name on letter

Post by Strippy » 12 Apr 2017 10:06

We're do I stand about the name being wrong

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#14 Re: Wrong name on letter

Post by Schedule 12 » 12 Apr 2017 10:09

Very little I'm afraid. It's the wrong address that is your trump card.
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Michelle
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#15 Re: Wrong name on letter

Post by Michelle » 12 Apr 2017 10:31

Strippy wrote:
11 Apr 2017 23:09
I got a car of someone for 1200 I paid 600 and done a private job for the rest now after a year he has taken me to the claim court for the rest now with fees £1.177 there was no paper work i.e. Recipe or and signature accepting I financed a car from him total rubbish the only reason it has got this far is the first letter never got to me in time as postcode was wrong so I explain this to the court but the have changed my postcode however my name is Jay strip on all letters my name is Jason stripp what I find amazing is I financed a car but does not even no my name
You may be able to apply to have the judgment set aside, however, bear in mind not having received the claim due to the wrong address is just half the story, the other half is to show you have a viable defence to the claim, as the judge would want to know that, had you received the claim form, you would have been able to defend the claim, otherwise the claimant can re-issue and obtain his judgment and it would be just a waste of time.

If you have any evidence that the judgment amount wasn't actually owed to the claimant, then you could use that in your defence. The application fee is £255 but you may be able to qualify for fee remission if you are on a low income or on benefits. See this: http://formfinder.hmctsformfinder.justi ... 60-eng.pdf

If the judgment is set aside, then that would also kill the enforcement powers, a debt cannot be enforced without an underlying judgment. You will need to fill in an N244 form and attach a draft order, a witness statement and a draft defence.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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#16 Re: Wrong name on letter

Post by Strippy » 12 Apr 2017 15:27

What is a draft order and defence witness statement

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