CCJ issues to old address

[Halfpipe]

Hi, my friend has been staying at my house for the past 2years. She recently found out that she has just had a CCJ registered against her for an unpaid debt.

The CCJ was registered to her old address, what rights do bailiffs have at my house as the debt was registered at her old house.

Do they need to reapply to the courts to get permission to approach my house or is it automatically granted?

She has been in touch with the debtor today trying to arrange a payment plan but is awaiting a decision on whether they accept it or not.

Also because she has not physically had notice of the CCJ or an application of a CCJ, is this grounds to get it set aside?

Thanks in advance

[zeke]

Hi, my friend has been staying at my house for the past 2years. She recently found out that she has just had a CCJ registered against her for an unpaid debt.

The CCJ was registered to her old address, what rights do bailiffs have at my house as the debt was registered at her old house.

None because the debtor does not usually live there.

Do they need to reapply to the courts to get permission to approach my house

The bailiff can apply for permission, buts its rarely done, paragraph 15 of Schedule 12 of te Tribunals Courts and Enforcement Act 2007.

or is it automatically granted?

It's not automatically granted. It carries a high burden of proof when making the application.

She has been in touch with the debtor today trying to arrange a payment plan but is awaiting a decision on whether they accept it or not.

The bailiff company will mess you about.

Instead, apply for a stay of execution and a variation in the writ of control.

Also because she has not physically had notice of the CCJ or an application of a CCJ, is this grounds to get it set aside?

Yes, but only if the judgment debt is disputed. Here is how to apply for a stay of execution on the writ and set aside the judgment.

Thanks in advance

[Halfpipe]

Thanks for the swift response, she’s recieved no correspondence from the creditor for three years apart from contacting them directly today and she’s not sure if the amount on the CCJ is correct but cannot evidence this.

But my friend agrees that she owes most of the money but this is where it gets tricky, she needs to get the CCJ set aside and then pay it off in full (which might be an option through a loan) as she is in her third year of an LLB and it’s potentially damaging for a future career.

[Michelle]

You are referring to set aside by consent, something creditors would often agree to, as they'd rather get their money in the bank now, without having to fight for it, however, the courts are often reluctant to grant those set asides as they are regarded as "credit repair" and, some years back, that option was abused quite a bit.