Just checked credit file online

have a CCJ registered 4th May 2016 for £13500 which is against an address I haven't lived at for over 11 years.

Not sure who from, but will check with courts tomorrow.

What are my chances of getting set aside as I have been unable to defend?

Sounds very dodgy already if the address used is 11 yrs out of date.

Have u no idea where this alleged debt is from, tis a fair chunk of money that!

Correct to ring the courts first thing to get the info tho

If it is from one of your creditors and you failed to update them when you moved and the debt is not statute barred at the point they lodged the claim you will find it difficult to apply for a set aside.

You will need a reason to defend on top of the not received court papers argument.

SO if you defaulted on a debt 6 years ago, then they have 6 years less one day to lodge an N1 claim form at the last known address. This falls within 12 years.

You will need to collect the info and find out the last payment to the alleged debt. IF it is a statute barred debt at the date of the service of the N1 claim form you *Might* be able to apply for a set aside

It will one of my creditors and will have made a token payment within 6 years so won't be SB.

Will the court accept my new address over the phone so I can get paperwork sent to correct address?

Will the court decided a monthly payment?

How do I dispute if too much?

Cabot with Restons.....Cabot are aware I have changed my address and they still served at old address!

How should I proceed?

Set a side if you have written evidence the claimant was aware of your change of address.

N244 application form is available in the Legal Library.

Andy

I have a judgement dated 24th February which Cabot is the claimant,

served at my address which is not the old address from 11 years ago!

I also have correspondense from the solicitors Restons to this address.

This one I paid and notified them by calling on 15th April

and as call was recorded I have name and time of call advising this.

Court papers issued 7th April though, they did not alert me to any claims been issued or in progress!

They have bundled 2 accounts from Co-Op into the claim, which I now have details as emailed to me by the courts.

Thoughts?

This has become a little confusing, are you saying there are 2 ccj's, one from 24th feb served at current address and a second from 4th may served at an 11 old address but both from same dca and solicitors. The first one paid in full but 2nd outstanding and £13500?

Thats how i am reading it all

That is 100% correct.

1st CCJ was secured against old address which I left 6 months ago, which was in February. I paid it in full and updated Cabot my new address.

2nd CCJ was secured against an address I lived at 11 years ago. This is CCJ I would like to get set aside. As if they had issued to address on 1st CCJ or new address I would have defended.

So you can prove they had the correct address prior to service as its the same pair of dirtbags! That may be enough to get a set aside as they already knew your address.

So do you know what the debt is for?

You will need the info from co-op so a sar is essential.

Wait for the others to jump on thread and advise if any further reason would be needed prior to applying to set aside which you do via an N244 at an eyewatering £255, so you need to be certain, unless you are on a low income/benefits in which case you may qualify for fee remission.

Aware of debt, it is for 2 credit cards I had from co-op which claim particular says.....

The claimant claims payment of the overdue balances (set out below) which the defendant have failed to pay as required under contracts with the following particulars

Acc no. Xxxxxxxx

Acc no. Xxxxxxxx

Between co-operative bank Plc

Dated on or about Apr 19 2002 and Apr 19 2004 respectively. The contracts were assigned to the claimant on Jan 11 2013.

I need a defence.....any ideas?

What is CCA ?

Any links?

So I have no where to go?

Just pay the monthly amount awarded?

I have 2 ccj's which are off my credit file but I pay £5 per month as awarded originally, can I request that I pay this amount so no debt is preferential?

So I have no where to go?

 

Just pay the monthly amount awarded?

 

I have 2 ccj's which are off my credit file but I pay £5 per month as awarded originally, can I request that I pay this amount so no debt is preferential?

Already advised in post #5

I have written proof in the earlier CCJ that both Restons and Cabot are aware of a later address.

I will CCA tomorrow....Restons or Cabot or both?

They have also put 2 accounts on the claim, do I CCA separate ?

You cant CCA until you get it set a side.....the judgment claimant is not compelled to respond once a judgment is in place......the judgment supersedes the agreement as already advised.

Reading the forum, it is suggested I ask the claimant to agree to the set aside, I'm guessing I'm wasting my time here and just proceed with N244

Any help on completing the forms?

The form is simple to complete and we can assist with that.......but what will be your defence?

My only defence is if their paperwork is not correct and I am unable to prove this, I did CCA the co-op originally 8-9 years ago and got no response and I have no proof either.

I would save your £255 and put it the cost of an N245 and arrange a payment plan...you cant back peddle on a set a side playing the " if they have no paperwork " card is very risky..particularly on a Fast Track claim.

They have secured a CCJ at £50 per month, if the set aside is not agreed, what changes? Unless I have misunderstood the risk is the £255 cost.

But if successful to set aside, I can CCA and strengthen my defence.

So you have already have a set monthly figure......the risk is not only the fee...its a case of your claim will be in Fast Track...google fast track and costs to the defendant.

£50 per month

Costs £1050 if failed ?

I see today another member has been successful obtaining a set aside, down to Royal Mail and failure to respond to CCA....surely this is worth a punt?

http://www.consumeractiongroup.co.uk/forum/showthread.php?458368-Lowell-Cohen-got-sneaky-CCJ-on-Vanquis-Card-debt&p=4902997#post4902997

also Today had letter from Restons, they won't respond if I do not sign CCA request.....name was computer printed.

Any thoughts on response?

but your case is nowt to do with mis-delivery by royal mail

which was that cases main point and could be proved.

With regard CCA not signed....how should I respond?

they know the rules

theres no requirement to sign a CCA

nothing for you to do

They have sent back letter and postal order. So I need to respond

no you don't

you have proof you sent it

that's all you need if the no CCA becomes important.

dx