Great, I'll sit tight in that case and wait for the SAR

I sent letter to sols advising them that I had discovered the CCJ against my old address and provided them with my correct address. They replied to say that they will begin enforcement action on the CCJ in 14 days. The 14 days is up and I have not received a reply to the SAR request sent to Barclaycard yet. If they start enforcement action, I presume I will receive something from the court to let me know and respond? I'm happy to wait until the 30 days has lapsed for the SAR request, I'm just concerned that the sol will start enforcement action and what impact that might have on my ability to set aside?

Great, will get SAR off and come back when I have something (or the time runs out!)

Is there a danger that any delay in applying for a set aside will reduce the chances of it being successful even further? Should I therefore do both at the same time? Also - how do I edit the original post? I've noticed a couple of numbers in there that need changing to and further anonymity?

Thanks dx. Would I not SAR Asset Link Capital as it was assigned to them in 2016 (according to the POC)? To provide some context, I'm familiar with attending hearings etc and have fought and won a couple of battles. I don't mind risking a couple of K in extra costs to give it a shot but I need to feel that there is at least a chance of success. The card was originally an Egg card taken back in 2000 and then sold to BC who then sold to Asset Link Captial (no5) Limited. When I did a CCA request to BC back in 2015, they provided reconstituted T&C's that post dated when I took the card out with Egg and a Credit Agreement for BC (which was clearly made up as the account was with EGG!). Appreciate you are being careful to provide advice and not push someone to do something that could end up costing more money, I'm up for the fight though!

Thanks to both of you, I've PM'd Ericsbrother. dx - I wonder if you would be able to suggest a couple of hypothetical basic defences that you think would be valid (just to see if it sparks any thoughts of a different approach I could take)?

Donation made

Thanks dx I really appreciate your input and will be making a donation. Other than the £255 fee, do you have any idea ballpark what I might stand to lose if the application to set aside fails? I know there will be costs awarded against me but have no idea whether they are likely to be in the 00's or the 000's! I'm sorry to labour the point but I don't understand the distinction between the basic defence I would use to set aside and the defence I would use at a rehearing? Wouldn't they be the same ie. no agreement exists?

I did have a mail redirection on for 6 months, I left the address in Aug 2018. I was registered at my current address on the ER from then until now. They must have sent the court paperwork back in Feb so pre-Covid Defence wise, I must have mis-understood my options. I thought I would be able to defend it as if the case had been reset ie. was just planning to deny para 1 of the POC and ask them to produce the agreement that I apparently signed back in 2000? I'm more hoping in reality that a set aside application may trigger them to negotiate and then subject to a successful negotiation, they may consent to the set aside.

The CCJ on my file will be a problem for future job prospects due to the industry I'm in so there is a need to try and get this removed if at all possible. If I can get it set aside, I'm confident that they will never be able to produce a signed agreement from back in 2000 (think it was probably a tick box online) and at the moment, they think it was a Barclaycard debt, not an Egg one. The original debt was just over £8k then they have added 8% interest since it defaulted which has taken it over the 10k - does this have any bearing on the allocated track? My objective here is for the CCJ to be removed, if that means I end up having to sign a consent/tomlin order to settle, then I am willing to do that Do you think it would be worth lodging the application to set aside on the (discretionary) grounds that I never received the paperwork, I have a reasonable defence to the original claim and that the CCJ is putting my career at risk?

I agree that with it being above 10k it's high risk. Could you just clarify what you meant by 'they've not pulled your chain as they easily could by looking up your correct address on your credit file. so i'm in two minds here.'?

Thanks dx100uk. I didn't write to them if I'm honest because I'd written them off in my mind in 2015. How long would someone be expected to continue to write to creditors when a debt is disputed? I was under the impression that it could be set aside on discretionary grounds if 'the defendant has a real prospect of successfully defending the claim'? With it being £10k, do you think it is worth the £255 application fee or is it a complete waste of time?

Hi all On checking my credit file, I found a CCJ from ASSET LINK CAPITAL. Upon checking with the court, they have sent the POC to me by email which states: The particulars of the claim are: 1.the claimant claims the whole of the outstanding balance due and payable under an agreement referenced 4929107******** and opened effective from xx/xx/2000. the agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant 2.the defendant failed to make payment as required and by **/12/2015 a default was recorded. as at 30/09/2016 the defendant owed barclaycard plc the sum of 809046. 3.by an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 30/09/2016 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. and the claimant claims- 1. 81**** 2. interest pursuant to section 69 county court act (1984) at a rate of 8 % per annum from 30/09/2016 to 14/02/2020 of 208571 and thereafter at a daily rate of 171 to date of judgment or sooner payment. date 14/02/2020 The claim amount details are: Amount Claimed £10***.17 Court Fee £457.93 Solicitor Costs £100.00 Total £10***.10 The claimant solicitors’ details are: KEARNS SOLICITORS BRECON HOUSE 3 CAERPHILLY BUSINESS PARK CAERPHILLY CF83 3GQ Telephone: 0292 0808668 Reference: 4929107*********** I've removed certain info to try and provide some anonymity, I hope that doesn't muddy anything. The CCJ was obtained by default after they wrote to my old address. Back in 2015, I CCA'd Barclaycard and they sent a standard response with reconstituted EGG T&C's which state 'Applicable to customers who applied from 01 October 2001'. As the POC confirms, I opened the account in 2000, before the supplied T&C's would have been applicable. It also included a Barclaycard Credit Card Agreement with my details filled in (including my address in 2015, not in 2000) I stopped payments at the time of sending the CCA. I haven't made any payments since (though I appreciate it's not SB) I want to apply for it to be set aside and would appreciate any help in what to use as a 'draft defence' I don't believe that Barclaycard complied with the CCA request so would the account have been effectively in dispute since 2015? If so, would it be wise of me to supply a draft defence along the lines that I wrote to Barclaycard in 2015 and consider the account to have been in dispute since that time? My goal is to try and keep any application to set aside simple.. Alternatively, would it be better for me to simply state that without any documentation from the creditor, it's impossible for me to set out a complete defence and ask the DDJ to be set aside along with an order for the Claimant to provide all the necessary documentation? Thanks in advance!

Any advice appreciated...!

Do you think that will invalidate the DN? According to the transaction list they sent in their court bundle, the account appears to have been closed on the 16th July even though the DN gave until the 29th? I've attached the transaction list, do you think this is worth adding into the pot?