Thanks SOTC - I will use this also - I need this set aside. Apart from anything else - it is unfair on the resident at my old address to have a black mark against their address.

Thanks SG1 - I will do this and get it posted tomorrow as the lady at NCC said that as soon as they receive this it will stop any enforcement action Foxy

Thanks asokn :-) Foxy

Hi everyone I have had a good look in all my old papers and have found 3 letters from various DCAs about this debt - and they are all to my correct address!! One of them is even dated 2 days after the lady at BC said they had taken over the debt!! Should I include copies of these? - more to try and evidence that if these 3 companies had my correct address then the chances are that BC did also - or do you think it would make the judge look less favourably on my application for receiving these letters and doing nothing about it?? I am going to carry on looking and try and locate a letter from BC at my correct address as this would be ideal - but I'm just thinking ahead in case I can't find one. Many thanks as always for your guidance and comments. Foxy

No I didn't CB - but I have faxed their letter to the court just to cover my own back We will have to wait and see what happens now - I had a letter from the court to say that they had received my defence and if they don't file anything within 28 days it will be automatically stayed. When/if/? they apply to lift the stay (if it gets to that stage) should I know about it? and can I object to it? The reason I say this is because LTSB did exactly the same thing and then the stay was lifted and I knew nothing about the application until they sent me a copy when it had been granted!! Many thanks as always - you guys are keeping me sane (just about) Foxy

Many thanks to CB for the above - much appreciated. Just a quick update folks I chased Morgans as they still haven't complied with my CPR request. I then received a letter saying they have requested the docs and it can take anything up to 12 weeks but they will not go for judgement in the meantime. I faced the letter to the court and then, as I don't trust them one bit!!, I put my defence in (the one from CB above). So I will have to wait now to see what happens. I have a couple of questions though - how long does the OC get to produce the docs? Can this drag on for months? and if so, is there anything I can do about it? In my defence I have requested a stay in proceedings until they comply - does this get considered now I have submitted my defence stating this? Many thanks for all your help guys. Foxy

Hi everyone I have prepared my N244 - I wonder if you can take a look and give your opinions/guidance? On section 3 To set aside a judgement made on xxxx date case no Xxx Claimant AG for £XXXX. The court papers were served to the incorrect address which resulted in BC obtaining CCJ by default as I had no knowledge of these proceedings or debt. I called NCC after receiving a letter from a company called Moneysense highlighting my recent CCJ. After obtaining BC telephone number and case no from the court I spoke to BC and they confirmed that they had been passed my current address from OC (please see attached letter from OC with correct address stated) in April 2011. The lady at BC also stated that the court papers had been returned to them 4 days after judgement was obtained from the resident at my former address. I also read in another post on here that I can speak to BC about a Consent Order and if they agree to the set aside it will save me paying for my application. Have I got this right? What should I do? do you think it's worth a go? Thanks in advance Foxy

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Anyone?? Thanks Foxy

Can anyone point me in the direction to any links on how to word the N244 for a set aside please.? Many thanks Foxy

Hi and thanks for your replies everyone ;-) I called the court today (have not had time to sort a defence as I was out all day yesterday and in meetings all today), however, I did call the court as I couldn't get on MCOL (internet difficulties at work I think) and they said I should speak to the solicitors and confirmed that Morgans had not done anything on the case. Do I send in the holding defence just in case? I have today emailed Morgans to chase the docs I requested under CPR 31.14 After researching some posts on here - I was thinking of this for a holding defence:- The Defendant is unable to plead due to the Claimants failure to comply with its CPR 31.14 duties in disclosing requested documents The Claimant did agree to an extension of time given to the Defendant to file a defence whilst awaiting compliance to CPR 31.14 duties. A copy of this was forwarded to the court on 24th Feb 2012 whereby the Claimant stated they would ‘revert’ to the Defendant shortly – this has failed to occur. On 2nd April 2012 the Defendant requested an indication from the Claimant of when these would be received and to date has failed to receive a reply. The Defendant reserves the right to amend this defence. Is this ok? Then if it is I can submit it tomorrow if necessary. Thanks Foxy ;-)

I called the court today and they advised me to call BC solicitors. A lady at BC advised me that the CCJ was on hold and admitted that they had my correct address (when it was passed over from Egg) and when I failed to reply they did a 'search' and proceeded to send all correspondence to my old address. She said that the only correspondence returned back to them was the claim form (this is a total lie!!) and they ..get this... received this back 4 days after the CCJ had been awarded. What a load of tripe - I know the mail can be a tad ropey sometimes - but 4 weeks to receive the letter!!! She said that as they had received this returned mail from that address that no enforcement action could be taken and it was on hold!! I'm still tempted to go for the set aside as I can prove that Egg (as it turns out the OC is) had my correct address when they sent me the termination notice of my card and also passed this onto them. Any thoughts?? Thanks Foxy

Hi SOTC - no mine was in a window envelope as I remember. I find this really weird as this was sent to my correct address :-/ How do I prove that they were aware of my change of address??? As I don't know who the original debt was with (if in fact it is mine) - all I know is that I changed my address with everyone and anything that has arrived since (companies not changed address accordingly) has been sent back 'not known at this address' - so they will have known I wasn't residing there. If I don't know the OC then I can't send a copy of the letter I sent to the company. I am thinking this is a catch 22 situation - as if I am unable to prove they knew my correct address - then how can I show any prospect of defending a claim that I don't have details/knowledge of?? Or is this me being a bit thick due to the time of night Foxy

Forgot to add - I received a letter from a company called 'Moneysense' - it said - we're sorry to hear about your recent CCJ - it had the amount and all the other intricate details etc - saying we can help you sort it out and will pay £40 court costs blah blah blah. How have they sent this to my correct address ? if this CCJ has been obtained at my old address - is this anything to do indirectly with BC? Just thought it was strange

Hi SD My plan was to apply for a set aside tomorrow and then I can get more details of this debt - I really don't recognise it!! They have my new address and have had it for the last 11 1/2 years - as everyone had when I moved. I can't really find out about the debt without applying for the set aside first. It would appear that this is the 'norm' for BC - use an old address so they get judgement by default and then apparently find out your new address (which they will have had all along) - I am wondering if it could be statute barred and if this is why they have done the underhanded tactics that they have!! Tbh, it did cross my mind just to ignore it, but then someone on here said that they all of a sudden then find your present address and send the baliffs in - another indication that they have your correct address all along. I really do hate gutless tactics Thanks Foxy

Very useful thread Phaitun - and good on you for putting up such a fight May need to use it as these scumbags have just obtained a judgement by default by sending all docs to an address where I haven't lived for 11 1/2 years!! But we'll see about that!! *goes into fighting mode* lol. Congrats and I hope you don't hear anything more about it - fingers crossed for you. Foxy

Wow - thanks guys - this is really helpful info. I was tempted just to ignore it tbh - until someone posted on here that BC suddenly finds out your new address!! The previous correspondence from these muppets has all been returned to them 'not known at this address' - they have also been calling this addresses telephone and they have been told numerous times I don't live there - so clearly they knew. This is completely wrong and they seem to be allowed to get away with it - how can you defend anything if they are sending it to the wrong address. I will get onto it first thing Monday and apply for a set aside due to wrong address being used. Is the court claim still valid if they quote your incorrect address? Many thanks for your help everyone. Foxy

Hi everyone I have today received a court paper advising me that I have a CCJ (by default) from Arrow Global Guernsey (whoever they are) - Bryan Carter solicitors. The paper has totally the incorrect address on - I haven't lived there for 11 1/2 years!! The occupier of that address has been returning all correspondence with my name on 'not known at this address'. I have no knowledge of this debt. Then today they gave me this letter that they had opened by mistake - obviously seeing what it was. My question is, if I ignore it - what will happen? as I am not at that address anymore and surely they can't enforce anything at that address as I don't live there? Or - what do I do about it? Thanks Foxy

Hi Gez I was unaware of this (the 56 days thing) - I just took it that they would let me know the extension date (being when they provided me with the docs requested). They didn't state a date. What shall I do now then? Foxy

Cheers everyone - Thanks Gez. I sent them a letter requesting an extension until the requested documentation is received and asking the info suggested by Gez . They replied saying they agreed and would contact me in due course - I let the court know and that was that. I still haven't received anything!!! What are they playing at? it's now over a month down the line. Foxy

Thanks for your replies guys - this makes perfect sense Gezwee - the claim is for just under £10k - the £2.5k looks like is has just been interest added and default charges. Many thanks Foxy

Can anyone please advise?? Many thanks Foxy

Hi again everyone After doing an hour surfing on here this morning - it would appear that Opus is connected with Citibank - are they BOS?? Do I wait until the solicitors send me the documents? The court claim is dated 26 Jan and I have already completed AOS online. Am I correct in thinking it is 33 days from that date for me to submit my defence? How long do I give the solicitors to send me the other documents as I don't want to mess up with the timescales? Thanks again Foxy

Well I AM confused now - but is my guest?? I have received a reply from sols saying that I am not within my rights under 31.14 to inspect the docs I requested unless they are referred to specifically. They said that where there is no more than an inference, as opposed to a specific reference, to the existence of the doc, they are not bound under CPR 31.14 in that regard. Accordingly they are not required to provide me with any of the documentation referred to in my letter. Notwithstanding this, they have requested the requisite documentation and will forward the same to me following receipt. They have enclosed, for my considerration - Representation of NOA - sent to me on or around 25/5/11 - never seen it!! Representation of LBA, sent to me on or around 21/12/11 - never seen it!! Cabots stat of a/c - where they are adding 12% interest per month - however this stopped (well by the print out anyway - in Dec). It says original account provider OPUS \Who are they - I have never had an opus card or loan?? On the POC it is very very brief and says the claimant is the assignee of a debt from BOS and CC Assett Management Non Co-brand ref XXXXXXX NOA having been given to the defendant in writing. Despite demand for payment £XXXXX reamins due. The claimant claims £XXXX and interest under S.69 County Courts Act 1984 and costs. I don't even know who these people are!!! Any advice will be welcome as always. I did find a very useful thread but I have been on here for hours and can't find it again. The person went through exactly the same and sent them a very good letter back - but I can't find the thread Thanks Foxy