I was talking yesterday to an old friend of mine

she had a CCJ for over £8k (Her egg card limit was around £4k she said) made against her in July 2006 at Northampton ,

this was by Default,

there was an interim charging order made against her & her husbands property 20 days later

and a final charging order made in mid September 2006.

She says she never challenged anything at any point in the court process,

she didnt know how or even if she could, although she remembers completing an expediture form for the court

and she was ordered to pay £50 per month.

She had written to Egg in April 2006 advising of difficulties,

offering £70 per month and sent an initial £70 payment to them which they cashed

but they went ahead with court action

she then paid Aplins £50 in June 2006 and every month since.

She has never had any communication / statements since from Applis / Egg etc is this correct / legal?

She doesn;t even know how much interest is being added or what the current amount she owes is!

Is there anything that can be done even after 4 years, to set this CCj or Charging order aside and start again?

if she attended, probably not

but she might be able to get a redetermination

pers i'd get a copy of the judgement first of all

lets find out WHAT is on it.

then go from there.

it might well be an idea to SAR whomever she is paying the money too as well

my best shot

dx

Thanks for the quick reply!

She definatley did not attend any of the courts? Does that mean there is a possibility she could apply for a set aside?

I assume you mean the CCJ, I will ask her for a copy.

There appears to have been around £4.5k in "fees and interest" added to her credit card balance from Egg passing it to Applins.

She sent off a SAR to Egg yesterday, I will ask her to do the same for whoever it is she is paying now, she didn't say who that was.

Should she be getting statments etc?

if she 'knew' about it [you meantion the 1/0 sheet] then i dont think so.

if she is sar'ing egg, then leave things there as that might well be enough.

if it went through the correct process, AND there were unlawful fees [late payment, over-limit etc etc] on the DN total

then you might have a chance of set-aside.

does she have the judgement?

dx

You can apply to set aside a CCJ at any time.

The legal authority for this is Southern & District Finance plc v Turner (2003)

Link here - http://www.consumeractiongroup.co.uk/forum/show-post/post-2698393.html

if she 'knew' about it [you meantion the 1/0 sheet] then i dont think so.

if she is sar'ing egg, then leave things there as that might well be enough.

 

if it went through the correct process, AND there were unlawful fees [late payment, over-limit etc etc] on the DN total

then you might have a chance of set-aside.

 

does she have the judgement?

 

dx

Thanks everyone for your time on this!

I could not find a DN in the file she has kept when I looked hence the SAR to EGG.

She has just emailed me the judgement I have loaded it here

Here is the Interim Order

Here is the Final order

Original POC

Am I correct in thinking that if the CCJ is set aside teh charging order would be removed also?

You can apply to set aside a CCJ at any time.

 

The legal authority for this is Southern & District Finance plc v Turner (2003)

Link here - http://www.consumeractiongroup.co.uk/forum/show-post/post-2698393.html

Thanks that is positive news. I will look through some other threads for details how to start the proceedings if when / we get the info back from Egg and Direct Legal & Collections who she is paying the money to!

Correct.

setting aside the CCJ takes the case back to the point of the Claimant having submitted the claim which is when you would receive the Particulars of claim.

Please do be aware that you must have good grounds for a set aside application or you could face a costs order !

Have a look at the links below -

Setting Aside a CCJ -

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

Spamalot - CCJ and interest on debt. ***WON***

Setting aside the original CCJ of your CCA

Ok thanks. I didn,t expect it would be easy. Once we see the results of the SARs we will know if it is possible I guess. She is not a confident person do you know of any NW based solicitors that would represent her if she or doesn' feel she can do it herself? In the meantime I will read the links you sent.

Do a search for Conditional Fee Arrangement solicitors or Direct Access barrisiters.

I Can't recommend any as it's against CAG rules.......but do a search for a recent pt2537 post

Do a search for Conditional Fee Arrangement solicitors or Direct Access barrisiters.

 

I Can't recommend any as it's against CAG rules.......but do a search for a recent pt2537 post

Thanks for that found it, I'll ask her to take a seat in Liverpool Cathedral then ;-)

Can anyone tell me from the documents posted if contractual or statutory interest can / is likely to be added to this judgment? As she has had no communications in 4 years but has continued to make monthly payments she doesn't know what the current balance is. A credit report didn't even show up an egg account only the CCJ.

She may also be in a position to make an offer of Full & Final settlement if the amount is sufficiently low (I think it outrageous that they added 4.5k to the orginal 4k debt, 2.5k of which has now been repaid).

Does anyone know of someone having success in negotiating a discount with a charging order already in place, especially when these huge "fees" have been added to the original debt?

Many thanks again for everyones help so far, donation on the way this evening to keep up the excellent work.

I am afraid that a judgment can only be set aside in very strcit situations.

Either the judgment was entered in an irrgular way or it now needs to be removed for a legal reason.

If the former, you mst apply speedily and give full reasons to the court,

in Patel, the court found three months to be an unsatisfactorily long period and thereby denied the application.

If the latter, you must have a good legal reason for setting the judgment aside and must apply with all due alacrity,

again delay defeats the application.

For further adivce, pop down to your local court and ask to read the White Book at CPR 13, .3(1)(b) and 13.3(2)

as these two paragrpahs set out the rules and the considerations of the court.

Kind regards.

Lord Dublin.

Interest can only be awarded and applied for judgments over five thousand ppounds after judgment with the permission of the court, at a contractual or statutory rate of 8%. Lord Dublin.

Back in 2010 After consulting a solicitor my friend was advised that there was no clear grounds for having the judgemnent set aside

so she continued to pay the £50 per month,

last year she contacted direct legal to ask if they would accept partial payment in full and final settlement

and they refused as they said they had a CO so would want the full amount, she carried on making the monthly £50 payments.

Last week I ran into her again and she told me that had received a letter from Eversheds

advising that the debt had been passed to Barclayshark and that she must now pay the outstanding balance in full £6k

or complete a personal financial declaration and a proposal for payment????

She has continued to make payments under a standing order and has had no other letters from the courts, DCA's or notices of asignment etc.

Questions...

Who now owns the debt? Egg / Direct Legal / Barclayshark or Eversheds?

Can Eversheds / Barclayshark demand full payment even though she has not missed or been late with one single payment to DirectLegal / Egg?

Is this demand legal? if not who should she report this to?

The CCJ and CO are in Eggs name so should she keep paying direct legal who act on behalf of Egg, if someone else now owns the debt?

Is there an opportunity to negotiate a full & final settlement with Eversheds / Barclayshark and then ask the court to mark the CCJ as satified and to remove the CO?

All help gratefully received as always!

check her cra file that will tell you.

i suspect these fleecers no nothing of the ccj/co and have just plucked this from a phishing list

pers i'd ignore it

dx

i'm wondering what would happen if she stopped payments altogether?

did she ever check land regisrty site to see if the charging order is there too?

something in my mind always smelt about this debt

dx

The solicitor got us to check the Land registry and sure enough the CO was there.

What I am wondering is there an opportunity to gain agreement from Barclayshark for a full and final (at the rate refused by Egg/Direct Legal last year) then present that to the court to have the CCJ satisfied and finally the CO removed, so she can move on?

lets look at reclaiming

can you get her to sar egg

and look at her cra file to see who's name is against it if it shows still

i am concerned that she is not atleast getting an annual statement

nor

does there apprear to be anything being produced to show this debt reducing?

other than that evershed letter?

dx

Ok I will ask her to send a SAR request to Egg (assume that's the Derby address), as far as I know she was / is not getting any statements etc. The only correspondence to date I am aware of is a reply to her offer for a reduced settlement last year with the outstanding amount and this Eversheds letter also with the outstanding amount.

thats not really correct

ideally [and by law ] annual statements must be sent

and the cra updated.

dx