Thanks HB, the CCJ was issued in 2012 but only linked with me very recently , im not sure what she meant either lol.

Have you asked for a copy of all the papers? You should do this.

Also what is the value of the claim?

I didnt ask for a copy of the papers as she said it was no longer with them and had been sent to Newcastle, i could ring them to see what information they have, the claim is for £6158

Ok , so just got off the phone from newcastle cc, they have told me that the file was transferred to them in 2013 and even though it is still active they have no paperwork as it is destroyed after 3 years.

She has told me to get a N244 form to fill out and this will cost me £255.

I think it is urgent that you obtain a copy of all the relevant papers.

You should telephone whoever you need to telephone and get it sorted out as quickly as possible.

Don't start the set aside application yet until you get a lot more information

Should i contact Volkswagon ? As i have no reference numbers or anything the only thing i have to go off is obviously my name and address and the ccj case number

Or should i be contacting the company and tell them to sort this mess out

Not yet.

Hang fire until you get the court papers

As i said i dont have the court papers and Newcastle cc do not have any paperwork as they say they are destroyed after 3 years after they receive it.

Ive got no idea who to contact to get these papers.

thanks.

That is correct.....and MCOL do not retain a copy once transferred out to local county courts

SDT Code of Practice

5.12.8 The CCBC shall send the data electronically to the county court hearing centre. Any

relevant documents will be sent by post. A copy of the file will not be retained by

CCBC.

Your only chance is the Solicitors which filed the claim or the claimant themselves.

Andy

I've been out and I have just come back. I was posting using my telephone.

Well I'm astonished that they don't keep the file.

I tell you what I am worried about. There may be a minimal risk – but it is a risk all the same. I was trying to suggest steps to take without alerting the judgement creditors so that you had as much information as possible before you began your set-aside application.

The reason for this is that they appear to have gone to sleep on this – at least for a while. However, if they wake up then they might well consider having the judgement transferred up to the High Court for enforcement by HCEO. HCEO are very powerful and also an enforcement by them of this kind of sum would be between £2000 and £2500 which would be added to the bill. Eventually you would be able to challenge it, of course, but the enforcement will occur and either you would have paid all goods would have been taken away and you would be left in a difficult mess whatever the situation.

However, if the courts don't keep far copy then I agree that getting hold of the papers is a problem and I suppose that you will eventually have to approach the judgement creditors directly. However, I don't think that I would do this simply by asking them nicely. I think I would send an SAR and frankly once again I think that I would wait until 25 May and then submit the request under GDPR. I think that at least in the opening months, companies are likely to be very much more efficient about supplying data disclosures because I think that they are all extremely worried about the consequences of not doing so. I think that if they eventually come to realise that it will be treated just as lazily as the previous disclosure regime has been treated by the information Commissioner, then they will go back to their normal practice.

If you are happy to do this then in the meantime I think we should work out a strategy for applying for the set-aside which I think you should file with the court as soon as you have received your data disclosure and you have understood the contents – which should only take you a day or so.

In your set-aside application you will need to say that you were not the intended defendant and that in any event, you are not served with the papers because they were sent to a different correspondence address. (You will be to find out more about this when you get your data disclosure.)

That's broadly the proposal at the moment. It certainly seems to me that because this is the one case where you have got a judgement against you, that this is the one that you should be dealing with first of all and as a matter of some urgency.

Thanks for the information, so just to get this correct as i dont seem to have my head screwed on properly today, i have to 1st. send a SAR to Volkswagon 2nd, apply for an N244 form from the court and then proceed from there ?

I take it im going to have to stump up the £255 cost of the N255 form even though this is not my debt ?

Send the SAR to Volkswagen. Hold fire on the set-aside application form until you have received the data. You need to be as fully prepared as possible.

You don't apply for the N244 from the courts. This is something that you download from the courts website – but you have lots of time for this. It will probably cost you the £255 but you should be able to recover this fee if we can show that the claimants were negligent in issuing the claim against you. This is why we need all the information we can get.

ok, great thanks

Does anyone have an example of a SAR as i have not done one before and im struggling to find a useful template on google.

Thank You

Does anyone have an example of a SAR as i have not done one before and im struggling to find a useful template on google.

 

Thank You

I think you are jumping ahead of yourself here. I suggested that you will be best off waiting until the new regime is in place on 25 May.

sar

I think you are jumping ahead of yourself here. I suggested that you will be best off waiting until the new regime is in place on 25 May.

I just wanted to get everything drafted up ready to go as my wife is due to give birth on the 23rd of May so time is going to be very limited at that time, so the more work i can put in now will free me up at the time.

Thanks DX100

Well I suggest you wait anyway because it is highly likely that we will modify the template to suit the new regime.

I think you should be patient – as difficult as it might be. Your best interests will be served if you follow the advice here fairly closely

ok thanks ill hold off for now, if anything new arises i will post on here, call credit only have 8 days left to get back to me with a full explanation of my disputes i raised with them.

Ive put together a list of information stated on my credit files to try and give you some more information as to where we can go with this and how far i can take these companies in terms of small claims, ico etc.

02 telecoms ( they are the company that has linked the debtors address with myself) , i have several letters chasing the debts, i have not tried to ring them or write to them as of yet as i needed advice as what i should do. As it shows on my credit report the account is upto date as i assume the debtor has made a payment so that they dont cut his phone off)

Lowell ( listed as a default on my file, i have had no correspondance from them at all)

Vanquis Bank ( listed as late payment on my file, no correspondance from this company although a letter came this week from Robinson way chasing this debt stating if payment is made they may be able to stop the account defaulting)

Capital One ( no correspondance from this company , listed as late payment on my credit file)

Lloyds bank mortgages ( no correspondance from this company , listed as late payment on credit file)

02 telecoms AGAIN ( they are the company that has linked the debtors address with myself) , i have several letters chasing the debts, i have not tried to ring them or write to them as of yet as i needed advice as what i should do. As it shows on my credit report the account is upto date as i assume the debtor has made a payment so that they dont cut his phone off)

Hoist portfolio ( no correspondance from this comapny , account showing as default on my credit report)

Home retail group ( no correspondance from this company , listed as settled account, linked addresses from this company on Experian)

Found out today CCJ is from Volkswagon Finance (no correspondance from them at all, listed on Call credit and Experian)

As i have had a think on this afternoon concerning the CCJ, would it not go against myself in court if i have made no effort in resolving the matter before bringing it before a judge ??

In the case of the defaults i have no problem persuing damages in court because i have the proof i have tried to resolve the situation first.

Your advice would be very helpful.

As i have had a think on this afternoon concerning the CCJ, would it not go against myself in court if i have made no effort in resolving the matter before bringing it before a judge ??

 

not at all. It will make no difference at all and the judge will simply make a decision based on the merits. Furthermore, if you make your own set aside application then you will be able to present your reasons for asking for the set-aside and at least you will be up to put it on the record that there has probably been negligence but in any event there has been a serious case of mistaken identity. If you get a set-aside on this basis then it will give you extra credibility because you will be able to point to the intervention of the court and the matter and the fact that you were believed at that level.

You should understand that this is all pretty complicated and a proper strategy for dealing with it at the moment is not completely clear. The only objective I have so far in the advice that I'm giving you is simply to get all the information you can about everything so that we can then start to understand what the story is. We then stand a better chance of untangling the problem.

The difficulty here is that you are not talking about one isolated incident. There is a whole range of damage which has occurred and if you simply tackle one, it won't necessarily prevent further damage happening in the future. I think you need to discover the root cause and deal with that. Hopefully along the way we will be able to discover culpability in one or more parties involved in this which will make it easier to knock them down and also put you in line to get some compensation.

On that basis I really don't think there is much that can be done before 25 May.

To keep us going though, I'd be interested in knowing the story of your fight against Lloyds and how you managed to get that level of compensation. I think that is very well done and I'm sure there are lessons that can be learned from that for this ongoing problem.

Rather than clutter this thread with that story. It will be helpful if you would start a new thread – making sure that Lloyds bank is in the title – and then you can take us through the story a bit.

Thank You very much BF, i did post about the Lloyds case earlier on but i can try and make a more in depth thread and try find the newspaper article from that time to add to it.

Yes please