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Everything posted by CCJHell

  1. They were stalling. They wouldn't respond to the complaint and said it would take 8 weeks. But I was very uncomfortable leaving it past the 6th without an agreement in place. I was afraid that I wouldn't be able to get it set aside due to my only defence being that it was part of an ongoing complaint. I wish there was other action I could take now it isn't on my record there is no rush. They have basically extorted the money out of me
  2. OK so the complaint to TM Legal was going to take 8 weeks to resolve. Chased them for updates but they just kept delaying. If it went past the 06/12 I would have had to try and get it removed from my credit file and I couldn't take that risk. I have begged and borrowed the amount and paid it in full today. Needless to say I am absolutely skint! They said they would still continue the complaint process. What now though? Can a consent order be granted even if the debt has been paid? Does this mean that I cant defend the CCJ and apply for it to be set aside because it has
  3. I still intend to continue with my irresponsible lending complaint though. I don't know how much the final debt will end up being.
  4. Would be grateful if you guys would look over this letter and see if there is anything you would add, amend or take out? Date: 10th November 2018 Your Reference: Claim Number: Dear Sir/Madam, I write in response to a claim form I received in the post yesterday dated 10/10/2018 to advise that I will be submitting an N244 Form to the court to set the judgement aside. I attach a copy of this overleaf for your records. During our telephone call on 09/11/2018 your adviser stated that your company had received this claim form back as undelivered when you orig
  5. Brilliant thanks so much guys. I have been googling a consent order to try and find out what wording I would use to propose this to them but it is mostly coming back with results applicable to family law not creditors. Is there any guidance on the CAG or elsewhere that you could point me to that shows how they work. I don't want to sound stupid/amateur when it comes to asking them to agree to it. I will be sure to offer them an initial payment of £250 if they agree to it, the money that would have been used to file the form anyway. I'll then offer a further £250 on 1st of each mont
  6. Thanks so much for your reply Andyorch, this is great information. I have been scouring through the guidance notes in the links you provided and also am looking at 6.9 Service of the claim form where the defendant does not give an address at which the defendant may be served. It states in the table in paragraph 2 that for an individual that the place of service is the usual or last known address. Then in paragraph 3 it states "(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at
  7. Of course! I will also add. Lowell sent a claim form from the same court to my current address two months ago for an old BT account. I had not given BT an up to date address for over 3 years yet they managed to issue the claim form if not the pre court action forms to the correct address. I paid in full so there was no CCJ but that was only £400. I cannot tell you how screwed I am if I have to find 2k by the end of the month! I'm trying to get my affairs in order but it's a bit relentless atm.
  8. OK. 01/10 was my letter. I'm of the opinion that the affordability claim is what triggered the claim form to my old address. However it does seem others have had the claim set aside due to incorrect address. Over on MSE someone submitted the defense: "At the time of the County Court Judgement, I was on the electoral roll at my new address, and was registered at the new address for council tax, banking, bills, my driving license and with the HMRC. As Civil Enforcement Ltd had received no correspondence from me at any point and I had not responded to the court summons, I be
  9. If this is the case it wont be set aside. I don't know the date the debt was sold. The only update of address I gave was in my complaint dated 01/10/18. The original loan was taken out in April 2017. The default date was November 17. Sounds like unless I can magic £2k by the end of the month I am screwed.
  10. Yes. I am counting interest added as part of the original loan agreement though. The default balance was £1580. Edit: Just saw the second section of your reply. The only evidence I have is the letter I sent them on the 1st October. Since this wasn't recorded I don't have any evidence I suppose. The claiment did a trace and managed to find my address 1 day after the judgement. I have been at my current address for over a year. This in my obviously bias opinion means they chose to send it to my previous address.
  11. Today in the post I received a claim form from TM Legal Services for a debt that I owed to payday loan company Lending Stream. The original address on the claim form had been crossed out in red pen and my current address was hand written in the box to the right of this. The date on the claim form is 10/10/2018, the date that is marked on the franking stamp on the envelope is 07/11/2018. I called the court and they advised I have received a judgement by default on 06/11/2018. I had started an affordability complaint with the original lender Lending Stream via letter on 01/10/20
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