Dennis, on 06 September 2016 - 08:31 PM, said:
Now that is not necessarily true, a debt can be issued against anybody without having served any papers at all, The following is absolute fact.
2 years ago I went to a property my son owns in Walton, as I arrived a chap was walking from the property, I asked him if I could help him, He asked me if I was Lee Ashmore, I told him I wasn't and that Lee lived in Hong Kong and had done so for 5 years, I explained I was his father, He then told me he was a County Court Bailiff and he was there to serve a warrant, He gave me the CCJ documents, We rightly thought that as my son had been letting the property out that the tenants who had recently left the property must have had some documents and not said anything, we contacted them and they stated that no documentation had been delivered at all, We contacted my son and he knew nothing of any debt, He contacted the Manchester County Court and they forwarded him all the details, The company concerned who were named stated that my son had purchased equipment off them 1 year prior, That was impossible as my son was not in the country, He asked for copies of all documentation ie letters sent etc etc, They stated there had not been any as the required time had lapsed for a CCJ, so they had applied and were successful, anyway to cut a long story short they had the wrong Lee Ashmore, the wrong Town, The wrong address but it cost my son over £450 to clear his name.
But what it does show is that no papers need to be served
But what I will say is it does help the case if it can be proven that papers have been served
A very similar thing happened to me to an old employer who over-paid me. I contacted them to let them know that they had overpaid me, to stop paying me, and where to contact me to pay the money back. I moved out of the property 15 months later (I was moving about a lot with work) - about the same time the old employer started to contact me for the money back (the letters of which I did not receive). They made no further attempts to contact me at any other address, or find out where I lived. They eventually issued me a CCJ, which I only found out about when I subsequently moved again with work and tried to rent another property.
There are two ways to remove a CCJ:-
1) Prove it was issued in error as there was no debt to an individual (see Les' example above), at which point it is removed from the records.
2) Prove that even though there was a debt, sufficient attempts to contact an individual were not made, and have the CCJ cancelled only once the debt has been repaid and this has been agreed by the company who applied for it.
Number 2 happened to me and it cost me about the £450 to get it sorted out even though it was me who initially identified the issue! The system is unfair if you are an innocent party.