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My OH has a CCJ registered against her by Egg. She has just received a reply to her SAR, and it seems that Egg charged her PPI, even though it is stated as not required. The CCJ was something in excess of £5000, but Egg admit to £1500+ PPI charges (I am disputing that as they are only taking into account 8% interest, rather than the corporate interest they charged, which should push it to around £1800). If you add to this the £200+ unlawful charges, it means that the original claim made by Egg was overstated by around £2000.
This CCJ is about 2.5 years old, do you think that she would have a chance of setting it aside?
Bear in mind that any DN they sent (which she did not receive) would be invalid as a result of amount being overstated, and that she has one of these 'approved/individual limit' agreements from 2003.
Was your OH aware of the debt going to court at the time? and did she attempt to defend in anyway?
Beau
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
If I remember rightly, we were on holiday and returned with just a couple of days left for her to reply to it. She called CAB - who were handling our debts at the time - and they advised her to admit the claim and offer a £1 per month. She did this, however, it arrived too late and a forthwith judgement was entered. They subsequently got a charging order on it.
Remember that this was around the time that the OFT was beginning to investigate charges, and I believe that the PPI issue cam out after that. Also that she was completely unaware that she had been paying PPI anyway.
To get a Judge to agree to a set aside which is what you would need to do, you need to be sure of the actions you took at the time of the original court claim.
To get a charging order, there would have had to have been a further two court dates, applied for by the claimants and subsequently granted by judge. If you dont mind me saying you will need a stronger reason than being on holiday to give to the judge.
Everything else that you describe would fall into place regarding PPI etc if you were able to prove that your OH had acted reasonbly with the original claim.
Beau
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
I assume the nominal amount is still being paid. If so you are also unlikley to get a judge to vary the order at such a small amount.
Your best course of action would be to contact the original creditor to get the debt reduced by claiming back the PPI etc.
Beau
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
My reason was not because I was on holiday. That was in reply to your question in post #2.
As you can see in my opening post, it was because the amount owing was not the £5000+ they were claiming but is in the region of £3000. As I understood it, one of the valid reasons for having a judgement set aside was that the original judgement amount was wrong, I was basically asking if this was correct.
I was never given a nominal amount, as I said before it was a forthwith judgement.
I am not asking for it to be varied, I am asking if there was a possibility it could be set aside. Stating wrong amount, no DN issued, invalid CCA.
I do fully understand your reason for looking at the set aside but the judge will ask you why you have left it until now to bring this up.
You might have and I stress MIGHT have a possible avenue to get the CCJ voided if you can prove that the PPI was not part of the original contract and therefore the Judgement was wrong but it is a long shot.
The other issues would follow as a matter of course ie the charging order. But at this stage looking at it from a purely facts point of view as a judge would, you never contested the original claim and even admitted it, and then the case continued through the courts to the granting of a C/O without any defence whatsoever.
I may be painting a pesamistic view but this is what you would have to get over to be successfull.
Beau
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
Egg CCJ - can it be set aside?
. She has just received a reply to her SAR
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