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backdoor mobile debt CCJ - Set Aside?


PushkinGosha
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Hello all, firstly, I want to thank anyone for their time and advice in helping me with this matter, it is truly appreciated.

 

In 2013 I took out a mobile phone contract while at university.

Due to a number of factors, I withdrew from my studies for two years, and moved from the UK.

I had severe financial issues and neglected to make my phone payments during this time.

I subsequently returned to university in the UK, and very regrettably, didn't think about the phone contract again.

During the time I moved addresses numerous times.

 

To make a long story short, a CCJ was issued to a previous address.

I was renting a room from my friend at that address, but had moved out when it was issued.

The CCJ never reached me, and only after checking my credit this week did I discover it had been issued (which was sometime in March of last year).

 

I have done a lot of research on what to do, but it seems like although I never received the CCJ, I should have updated the creditor with details of my address changes.

Being young and dumb, I didn't take the steps I should have and now I live to regret it.

 

My question is thus:

I have not paid the CCJ yet.

What steps should I take?

 

I have read about agreeing with the creditor to set aside the CCJ, but what are the steps involved in this?

I have also read that the court will not necessarily agree to set it aside, even if the creditor consents to this.

 

After many years of university, and overcoming a lot of personal obstacles, I hate to think that because of this CCJ, I will not be able to pursue the career I have studied all this time to go into (which is a career in the legal sector, which I will not be able to enter due to SRA checks).

 

Again, I truly appreciate any help with this.

I'm pretty overwhelmed, and pretty gutted to say the least.

Edited by dx100uk
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1st port of call is to get as many details of what and who you are dealing with.

 

give northants bulk a ring tomorrow

ask for a copy of the Claimform and the CCJ by email PDF.

 

looks like they got the CCJ within 6yrs

and to be honest I cant see either a set-aside reason nor a defence for the actual claim.

 

the claimant wont entertain a mutual set aside as they've done nothing wrong.

and I cant see you being able to do one through the courts for the above reasons either.

 

as its a mobile debt, it will be as all of them are, monthly sums till the end of contract .

but you didn't continue to use their service and were most probably stopped from doing so as it was terminated long before the full term expired but they still charges you and latterly sold such debts on to a debt buyer under a portfolio sale.

 

the relevant authorities are down on record as clearly stating these practices are unfair

and we've won or seen claims remain stayed here for that very reason.

but yours is cut and dried.

 

don't think we've seen anyone try to get a mobile CCJ removed by whatever method and succeed here yet.

 

thread title updated for clarity

 

dx

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you very much for your reply!

 

I will give them a call tomorrow and gather that information.

I gather that there is nothing I will be able to do then to remedy this situation?

I am able to pay the full amount.

Has anyone been able to agree with the creditor that if they pay the amount in full, they will agree to having it set aside?

 

I'm sorry if I sound naive, I'm just devastated honestly.

 

I feel like this is really seriously going to impact my career opportunities, and while I 100% admit my fault in this, I want to try everything I can to minimise the impact this will have on my job search.

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get the info first

i'm sure there have been a few cases with one or two DCA's in the past whereby they did agree to remove the CCJ as a condition of full payment and I don't think those had to go thru a court, the DCA just did it

i'd have to poke around

 

but its very rare.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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