Incorrect CCJ - It wasn't me guv, honest!

[kyuudousha]

Okay then, one final one from me...

I have a CCJ recorded against my name with the Registrys Trust.

However, the original debt was incurred by my wife. Somewhere along the line the names have been transposed and nobody has noticed.

I am writing to the relavent people regarding the defaults (and hope that they will be removed, thanks to this website) but do I stand a chance of getting the CCJ 'set aside' as, technically, I was not actually the one who owed the money?

I have tried the courts website but there seems to be a whole load of hoops to jump through with costs to boot.

Therefore I was wondering if anybody had been in a similar situation with CCJ incorrectly issued/entered against them just so that I can skip a whole load of dead ends...

Many thanks

Kyu

[Ihatebanks]

Call the court or your local court you can apply to have the judgement setaside

http://www.hmcourts-service.gov.uk/n...ex320_0406.pdf

[kyuudousha]

I saw this leaflet from HMC but it only had a tiny sub-paragraph-clause on how to get it 'set aside' but then goes into infinite detail on how to pay it to make it satisfied.

I suppose I'll just use the format of 'satisfied' with a covering letter to say I want it set aside.

This sort of thing REALLY irritates me, where you have have to be a barrackroom lawyer just to be treated fairly by big companies.

We could do with some sort of website where consumers... Oh, hang on a minute.....

[Ihatebanks]

As I said if you call the court there is a 2 page form to fill out it costs £35.00 but you can get the judgement setaside you will then have a brief hearing to get the judgement cancelled
BTW when was the judgement entered because I believe the law changed in April regarding removal?

Save yourself the expense as you have no basis on which to apply for a set aside. Your main aim is a correction which is better achieved informally than any otherway.

The startingpoint is to find out how your name has become involved in this. Its unlikely that it will have been on the CCj unless you were sued as a party. If so then you cant have it removed.

[Ihatebanks]

Removal of CCJ's

Valid reasons to have your judgements set aside
(To be used on n244 form)

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible. We have listed quite a few valid reasons below.

1. Were you given 28 days notice in order to pay?
2. Were you living at the address when the summons and judgement took place?
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
4. Did you receive the summons? They are not sent by recorded mail.
5. Maybe you were unable to attend court and defend yourself.
6. The judgement should not appear on the credit files if it was paid up within 28 days.
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

You can use any of the above reasons to have your judgements set aside.Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail. This gives you the chance of having your judgement/s removed forever.

[catflap]

I had one CCJ that was registered twice.
It was a joint loan account that should have been registered as one CCJ each for me and OH.

I just wrote a strongly worded letter to the bank and told them I would go to the Information Commissioners Office about it and they removed it completly.
They did not question any thing about OH and did not re- register it in OH's name.It was not satisfied at that time and was nearly 3 years old.

Write to the bank concerned stating that you will ask the Information Commissioners Office for an assessment of the incorrect and defamatory data held on you by a public body.


That may be the quickest way to get rid of it and only costs the price of a stamp.
Registry Trust information is classed as public info and lenders seem to be very vary of this being wrong. (only once you notice it!!!)

Are the defaults you mentioned for this same debt?
What are the dates of defaults and CCJ?

[kyuudousha]

Thanks for all the responses chaps!

I'll try to answer them all in this post.

Firstly:

Originally Posted by Ihatebanks

BTW when was the judgement entered because I believe the law changed in April regarding removal?

The Judgement was entered on 01/08/2004

Originally Posted by S J

Save yourself the expense as you have no basis on which to apply for a set aside. Your main aim is a correction which is better achieved informally than any otherway.

My main aim is to get rid of the damn thing, by any means possible, really.

Originally Posted by Ihatebanks

1. Were you given 28 days notice in order to pay?
2. Were you living at the address when the summons and judgement took place?
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
4. Did you receive the summons? They are not sent by recorded mail.
5. Maybe you were unable to attend court and defend yourself.
6. The judgement should not appear on the credit files if it was paid up within 28 days.
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

Erm, in order then:

1. Yes
2. Yes
3. NO
4. Yep
5. Didn't get a court date.
6. No, but it has been paid now.
7. In a way I did agree to settle out of court with AK
8. Other than the summons itself?
9. No and No
10. Was against me only (but should have been for the wife)
11. Unfortunately not, but wish I was.
12. Sorry, got it in time as well
13. I wouldn't have thought so, not with my credit rating...

Just reason No 3 then is a goer really...

Originally Posted by catflap

I just wrote a strongly worded letter to the bank and told them I would go to the Information Commissioners Office about it and they removed it completly.
They did not question any thing about OH and did not re- register it in OH's name.It was not satisfied at that time and was nearly 3 years old.

How did the bank manage to remove a CCJ? I thought only the courts could do this

Will give it a go under the 'nothing ventured' route.

Originally Posted by catflap

Are the defaults you mentioned for this same debt?
What are the dates of defaults and CCJ?

Yes. I have a default from Tricity Finance followed by a default from Aktiv Crapital followed by a CCJ. All for the same debt. Please see this link for further dtails:

http://www.consumeractiongroup.co.uk...tml#post140154

The dates are all there as well.

Thanks for all your help guys. I'm rather hoping to just get them so confused that they give up and tell me that they'll remove them if I just GO AWAY!

Just out of interest, would it strengthen my case if I wait until the defaults have been removed? In other words, write to the courts and say something along the lines of:

"Hey Mr Court dude! The person who issued the claim has had to remove the default from my credit file because it was a load of cheese covered spaghetti. What does that tell you about them..?"

Just a thought.

[Ihatebanks]

Did either of you reply to the summons? or was it won by default
You might struggle to get defaults removed if they were correct however I would think that a default can only be registeredonce unless you make arrangements and default again

[kyuudousha]

Originally Posted by Ihatebanks

Did either of you reply to the summons? or was it won by default
You might struggle to get defaults removed if they were correct however I would think that a default can only be registeredonce unless you make arrangements and default again

Unfortunately, in a panic, I did. I submitted a defence disputing the amount...

DOH!

As for the defaults, the first was registered on the 17/06/04 by TF and the second was AK on the same day 17/06/04!

Therefore, I never actually had a chance to default on any arrangements made as there were none...

At the moment I think that if I can prove that the defaults were issued in such a mess that they are in breach of Data Protection etc etc then I may stand more of chance in claiming that the CCJ was issued unlawfully.

Or something like that.

Kyu

[kyuudousha]

PLEASE NOTE: UNFORTUNATELY THE CCJ SHOULD BE IN MY NAME.

Therefore any attempt at having the CCJ removed on that score are nul and void...

In which case then, I shall detail my alternative plan for the removal of this CCJ here for anybody who has an interest or knowledge of this sort of thing that may like to give me some guidance...

BACKGROUND

I have sent a letter to Tricity Finance and Aktiv Kapital (AK)as detailed here in posts #11 and #12:

http://www.consumeractiongroup.co.uk...tml#post140154

Depending on the response from Tricity and AK* The next stage will be to challenge the legality of what they have done using a letter similar to Elsinores letter detailed here in post #12:

http://www.consumeractiongroup.co.uk...v-kapital.html

From there it should only be a short step to write to The Registry Trust with a copy of all the correspondance to have the CCJ set aside with a view to having it removed completely. This is the bit that I could really REALLY do with some advice on as I don't want to cock this up on the first attempt and scupper any further attempts at removal.

The key phrase that has got me thinking is in Elsinores letter and simply states:

Originally Posted by Elsinore

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim that is issued. Please take note that any legal action you may contemplate will be vigorously defended and contested.

As the 'agreement' between myself and AK is non existant does that mean that they had the right to take me to court and have a CCJ issued against me? Especially with the view that should the deed of transfer from TF to AK not exist?

PROGRESS

Just to update you on how things are going so far, Tricity Finance have had the default removed from my credit file today (26/07/06) which was not done because of my letter to them as I only posted that yesterday. I know the postal service is improving, but I'm not sure it has got THAT good.

A side note to this is that them removing the default so quickly would tend to lead to a crass error in paperwork on their part which, again, surely must only strengthen my case in having this CCJ removed?

I stand by the letter posted to Tricity Finance (TF) though, as I want to see that they do indeed have all the paperwork relating to the transfer of the debt to AK. If THEY can't produce this paperwork and AK can't provide any paperwork either then this should only strengthen my case against the CCJ.

Just out of buggeration though, should this all be in order and I find that they are indeed in breach of ANY regulations whatsoever I WILL be complaining to everybody I can think of about them. Purely because the Welsh** git at Tressellion Business Park who has made my life bloody miserable.

After that, what is the likelyhood that I would be able to sue them for compensation on the grounds of having to suffer my name being put on a 'public' registry? Would I legally be able to use 'moneyclaim' to sue them for the monies I have paid them already over this?

The possibilities are just so mouth-wateringly, trouser-wettingly gleefully revengeful that I just can't pass up an opportunity to hit them where it hurts... their bank account!

My only concern with all this is that if I go for it in a totally massive, American style****, complaining session will anybody get caught in the fall out. Not me as I have already got it about as bad as it will get (CCJ and default) and as long as I keep the claim below £5000 it should only cost me a cople of hundred quid, but anybody else. I don't want to scupper somebody elses chances of anything they may be doing.

Anyway, sorry it's so long but I have got three threads, all sort of related to the same thing in an abstract kind of way...

* I acknowledge that the whole scheme could come apart at the seams if they can actually provide the documents that I have asked for although it would be difficult for them to present a copy of the agreement between myself and AK as there simply isn't one. The other bits and pieces are just icing on the cake really.

** I would like to make it known that I do not think that all the Welsh are gits, just this particular tosser***.

*** I would also like to point out that I don't... Oh, you get the idea.

**** Carpet complaining. A bit like 'carpet bombing' that the Americans use. Tends to cause a lot of 'collateral damage' though.

[catflap]

I presume that Capital Bank got the court to remove the CCJ.

I got letters from both the EJO (Northern Irelands Registry Trust) and the lender confirming removal.

I asked about the dates of default as mine was dated after the CCJ was registered and as this is a breach of Data Protection Act the default was removed from both Equifax & Experian.

Cat

[kyuudousha]

I sent this off to the CCBC just to see what would happen:


COURT MANAGER
COUNTY COURT BULK CENTRE
21-27 ST KATHERINES STREET
NORTHAMPTON
NN1 2LH


Reference Case number: #######

Dear Sir or Madam,

I am writing to you to have the County Court Judgment in the favour of Aktiv Kapital set aside as there is a dispute as to the legality of them pursuing the debt through the courts.

Firstly, the claimant has been unable to provide any ‘deed of Assignment’ which gives them legal rights to pursue this debt.

Secondly, the claimant was in breach of the Consumer Credit Act 1974 in the fact that they did not issue a notice of intent to file a default. This can quite plainly be seen by the attached photocopies of my credit reference file which states that Aktiv Kapital put my account into default on the very same day that First National Tricity Finance put my account into default. Therefore there is absolutely no possible way that they could have issued a default notice. In the time frame that is evident from the credit reference file entries it would be completely impossible.

I am currently in the position of challenging First National Tricity Finance and Aktiv Kapital for their many breaches of the Consumer Credit Act 1974 and the Data Protection Act 1984 (as you can see that First National Tricity Finance kept the default notice on my credit reference when it shouldn’t have been and then failed to keep it up to date in any case) as a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and is therefore a complete defence to any court claim that is issued.

Therefore I have enclosed the mandatory fee of £65 and form N244 Application Notice duly filled in as required.

Yours faithfully,

Again, we'll go for the 'carpet complaining' just to see what happens....

[kyuudousha]

Uh oh..!

Forgot to sign the Part A of the Application form N244...

What a whelk!

At least that's the only reason they sent it back so when I resend it I'll add a photocopy of the letter ahere AK admitted that they don't have the documents.

Hopefully I should then at least have it 'set aside' as disputed with a possibility of having it withdrawn completely.

[kyuudousha]

The CCJ was set aside yesterday due to irregularities in the way it was issued...

HOORAY!!!

The judge said that he would give 28 days for each party to decide what they want to do from here. I'm not sure what that means in real terms though. Any ideas?