CCJ Sent to Old Address – Your Defence

Are you worried about a CCJ sent to your old address? Are you scared about a bailiff knocking on your door or taking your things?

Don’t worry. You’re in the right place for answers. Over 170,000 people visit our website each month for guidance on debt issues, just like yours.

This article will help you understand and deal with this tough situation. We’ll cover:

•  What a CCJ is and how to find out where it was issued.
•  How to get a copy of your credit record.
•  What steps you should take if you come across a CCJ.
•  How to seek legal advice and possibly write off some debt.
•  What happens if the claimant was not told about your new address.

Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities¹. So, being concerned about debt and its implications is common.

In fact, some of us here at MoneyNerd have faced debt collectors too. We know how it feels, and we’re here to help you.

Let’s dive into learning more about managing a CCJ sent to an old address and protecting your credit file.

What is a CCJ?

A County Court Judgement (CCJ) is an order from a judge that states you have to pay the debt. This means that the court agrees with your creditor, and you owe the money.

Your judgement will include the following:

• How much you owe
• How you should pay
• Who you should pay
• Your deadline to pay.

Unless you pay within one month of the CCJ being issued, it will be recorded in the Register of Judgements, Orders and Fines for 6 years. If you pay off your debt within these 6 years, you can request that your judgement is marked as ‘satisfied’ on the register.

To do this, write to the court with proof that you have paid off the debt in full.

If you manage to pay within one month of the CCJ being issued, the judgement will not be recorded in the register. You will need to write to the court explaining that you have paid and provide proof.

CCJs are also visible on your credit file for 6 years. This will make it almost impossible for you to get credit during this time.

This is because companies use your credit file to see if you are a ‘high-risk’ customer – someone who might have difficulty paying their bills on time. If you have a CCJ, you have had such trouble paying back your debt that someone had to go to court about it.

Understandably, companies are going to be reluctant to give you credit!

After 6 years, it is no longer visible on your credit report and you should find it easier to get credit again.

What happens if the claimant wasn’t told your new address?

A court would rule the Claim Form was correctly served if you hadn’t told the claimant about your new address.

In short, the court would deem that the claimant served the Claim Form to your usual or last known address. Therefore, it’s valid.

The CCJ would be valid and a court won’t set it aside! If you don’t pay, bailiffs could seize your car.

Your Rights With Bailiffs

It’s crucial to understand your rights when dealing with bailiffs. That’s why I’ve put together this table that explains what bailiffs can and can’t do. For more information, don’t forget to read our detailed guide.

How do you check if you’ve got a CCJ?

I’ve listed ways to check if you’ve got a CCJ in the table below:

What if I ignore a CCJ?

Ignoring a CCJ, even if you think there’s been a mistake, is not a good idea.

If you just ignore a CCJ, fail to respond to the CCJ letter, or fail to make a CCJ payment plan will result in further action.

The court might send a bailiff to enforce the CCJ and collect the debt. Baillifs will inform you that they are going to visit 7 days in advance, but they will add fees to your debt.

Our financial expert, Janine Marsh, advises: ‘If a bailiff has proven you owe money and you don’t have cash to hand, you’re within your rights to suggest a payment plan. It’s not a guarantee, but many will accept this as it’s easier than repossession.

However, if you aren’t able to make a repayment plan with the bailiff or don’t stick to the plan, they can take your belongings.

If you don’t let the bailiff in, they can’t force entry but they might be able to take things that are outside, like your car.

But the court might not send a bailiff and might take money from your monthly earnings. They could also make you bankrupt if you owe more than £5,000, or take money from the sale of property.

The court can also compel you to go to a hearing. There you will discuss your income and how you can pay off the debt. You must go to this hearing or you can be imprisoned.

» TAKE ACTION NOW: Fill out the short debt form

What should you do if the CCJ is valid?

A court may set aside a judgment even when it is correctly served in specific circumstances.

That said, you need to show either of the following:

• There is “another good reason” for setting aside the judgement, or
• You had a good defence against the original claim

Should you contact the Court?

Yes. You should get in touch with the court as soon as you realise that a CCJ is registered against you.

Armed with the right information and having checked your credit file, contacting the relevant court is essential.

The County Court Business Centre issues most CCJs. However, some judgements are not issued by CCBC.

In this case, you can check which court issued it by using the Government Tribunal Finder service.

It’s worth noting you won’t get a CCJ for unpaid Council Tax, but bailiffs would get involved.

Can a court find your file?

Yes. The court will find your file once you provide all the information you’ve found out about the CCJ you didn’t know existed.

You can then ask the court to email you the following:

• Which address was used to send the Claim Form
• The claimant’s name
• The date the claim was served
• The claimant’s solicitors if applicable
• The details of the claim

What are the chances of a CCJ being set aside?

The chances of a judgement being set aside (removed) from your credit file depend on several things.

A court would want to consider whether a Claim Form was served correctly for starters. In most instances, a Claim Form should be served on the defendant.

As such, specific steps must be taken which is a court rule requirement when serving Claim Forms.

This is important because the form lays out why you’re being served.

The rule laid out by the courts is that a Claim Form must be posted to your usual or the last known address!

As such, if you prove the claimant was aware or should have known you had moved, a court could rule that the Claim Form was in fact, never served!

In legal terms, it means the judgement is ‘irregular’ and it must be set aside.

Can the claimant agree to setting aside a CCJ?

Another consideration is whether the claimant would agree to the judgement being removed.

If so, the claimant simply needs to sign a ‘Consent Order’ and then send it to the court.

It’s worth noting that a Consent Order may need endorsement by the court.

Check out the question one person asked on a popular forum about a claimant consenting to setting aside a CCJ.

What happens when a CCJ is set aside?

The record of the CCJ is removed. Plus, no record of it will appear which means it’s as if the CCJ was not issued at all.

How do you find where a CCJ was issued?

You can find out where a CCJ was issued by checking the registry of judgements. It will tell you when the judgement was recorded against you and where it was sent. 

CCJ sent to the old address, what should you do? RECAP

You should find out asap when the CCJ was served and which court issued the judgement. You can do this in two ways. First, check your credit file. Second, check the registry of judgements.

Next, you should contact the relevant court to get more information about the claim against you. You can then decide whether you should seek legal advice especially when bailiffs are instructed to recover the debt.

A solicitor will tell you if there are grounds for a court to set aside the CCJ or not!

Should you seek legal advice?

Yes. You may want to seek legal advice once you’ve got all the relevant information about the CCJ.

The advice you receive will help determine whether you could have the judgement removed from your credit file.

If you are concerned about the cost of getting legal advice, you do have options:

• Debt charities: debt charities offer free legal advice for debt-related matters. I have linked a few charities at the bottom of this page.
• Solicitors’ firms: many firms offer a free 30-minute first consultation.
• Law clinic: your local university may have a law clinic that will offer legal services.
• Legal aid: legal aid might be able to cover your legal costs

References

1. Citizens Advice – Debt Statistics and Bailiff Issues