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  1. I have today received a CCJ claim from the Northampton County Court Bulk Centre, for a credit card that was held with HSBC a few years ago. The last statement I can find for the account is 2009, although the assignment to the DCA was later than that date. Having read through the forums for some advice (which is very handy and I'm very grateful for) I'm going to write to them tomorrow with a CPR31.14 requesting the agreement, default notice and the assignment. From people's past experiences, what are the chances of them providing this information? And do they have to provide the originals, or just legible copies of the originals? And am I correct in thinking the fee to enclose is £1? If they do provide the info as requested, and I have no other defence, I can't afford to pay them the amount they're requesting. I could offer to pay them a token amount every month or I could borrow a lump sum and make them an offer of a full and final settlement, although it would be much less than they're asking for. Either way would I still end up with a CCJ? Many thanks.
  2. Hi All Received a letter from Mortimer Clarke today regarding a debt to Cabot Financial. Letter claims their client obtained a judgement against me on 04/02/2016. First paragraph says "Because you have failed to pay the judgement debt in accordance with the terms of the judgement our client is now entitled to take action to enforce the judgement order against you. Our client has instructed us to apply to the County Court for an Attachment to Earnings order to be made against you." Final paragraph says "If you do not contact us within 7 days , then our client has instructed us to apply for an Attachment of Earnings Order against you." Notes: 1. I have checked Trust Online for my current and previous 3 addresses and there are no ccjs registered against me. 2. I did not receive any correspondence threatening to take me to court, advising I was being taken to court or asking if I wished to defend and finally I did not receive a judgement. 3. The letter makes no mention which court they obtained the judgement from or any judgement reference number. 4. The debt is from 2007 and I believe it may well be statute barred now. Can anyone provide any thoughts or advice on how I should proceed at this point? kind regards
  3. Hello I'm new here.. hope this is the right place to post! I need some help if possibble with the following: Had a very old MBNA account.. that was sold to Hillsden securieties around 2005. A CCJ was obtained by Hillsden in around 2008/9 and has been paid as per order without fail ever since. Recently I have had letters from DLC (hillsdens managing agent) and Cabot Management group..informing me that the account is now owned by Cabot/ME111 and to now contact Mortimer Clarke Solicitors to change payment to them. However I do have an issue with this. I m a bit worried that by paying Mortimer Clarke I will be defaulting on the CCJ which is to pay Hillsden (who was the claimant). And I don't know what to do so if anyone can clarify this i would be greatful. Thank you
  4. hi, ive just recently looked at my credit report and in the last two weeks ive had 2 ccj's added to my credit report. one is from lowell and the other is from lantern drs which i assume is now what mmf used to be. both were issued at my old address and i knew nothing of the matters going this far. the lowell one is for an old shop direct account and the other is an old loan from 2013 which can only of been a payday loan. my question is what should my next move be im a carer for my disabled son so i dont work and claim income support. any advise would be great help. many thanks
  5. Hi all. I am completely new here and just looking for some advice please. I bought a house in 2015 with no issues all went through with no problems. I went to view a new house on Sunday and approached a mortgage advisor who was going to go through our finances etc and see affordability for the new place, financially i knew it wouldnt be an issue. The advisor contacted me today to advise that I have an active CCJ on my account from 2014. And that due to this he couldn’t get us the mortgage that we needed. I download my credit report and there is a CCJ which I have never seen. My credit score is in the excellent category so I never had any idea that anything was wrong, I’ve never been refused credit in the time since it has been issued. I contacted the court who issued it today and they advised the company who lodged the case, I called them as I was already in a payment plan with them months before the date of the CCJ being filed. They have advised that I can settle the balance and the CCJ will show as satisfied which is better than active. Does anyone know if It’s too late to dispute the CCJ after 4 years of it being on file as I was making regular monthly payments to the student loan company before it was actually issued I did receive papers asking if I agreed to the amount owed and I stated that I did and was already in agreement to pay it back, i then received a letter advising to continue with the arrangement - no mention of a CCJ being issued. If I pay the CCJ and it shows as satisfied does this make my chances any better of securing a better mortgage or is it a lost cause now. Thanks for taking the time to read. Ps sorry if I’ve done this wrong or it’s posted in the wrong section . Nelly
  6. Hello, Have been reading the threads on here for a while as my girlfriend has received a CCJ from Lowell Solicitors about an outstanding debt from Creation Consumer Finance. The last payment on that debt was 1 Oct 2010 the CCJ was issued as I found out from the Trust Registry 6/10/2015 I have tried to get a CCA but that ship has already sailed as it's a CCJ. The debt is for 738£ and she doesn't know what it's for. At the time of the court, she was already living with me but I'm not aware of any letters or summons to court. we moved to a house that I bought at the start of 2017. At the time of the debt 2010-ish, she was with her former boyfriend and they had a mortgage, but that didn't go to plan and they split up and lost the house, her ex-boyfriend said he will take care of it, that is all she knows about the matter. She is foreign and has a limited knowledge of English but she is really worried about the bailiffs coming to my property and doing what they do. As I have learned quite a bit from this forum already, what would be the best course of action for her?
  7. Hi Not sure if this is the best part of the forum to post this but here goes. I have recently received the attached letter from Shoosmiths acting on behalf of Arrow Global (Guernsey) who have a debt that was originally with MBNA. The discounted settlement figure is for 60% of the total amount outstanding. A CCJ was awarded in 2011 for circa £12k Jan 2012 we relinquished our house to the mortgage company May 2012 Arrow went back to court to get the house added to the CCJ as I had defaulted on payments On the way way to court my (now ex) wife called to say the mortgage company had sold the house, the letter arrived in the post after I had set out. In the meeting with the judge and Arrows representative I explained what had happened but had no paperwork to back it up (an hour's bus ride each way would have made me late for the meeting) The judge duly gave them rights over the property and within 7 days I received another letter saying that we had sold the property without their permission. I replied stating both the judge and their representative had been made aware of the property sale at the meeting. I have heard nothing back from them since then. The CCJ no longer shows on my credit report. I do understand that the debt is still there but nearly six and a half years after their last correspondence this has come as a bit of a shock. I do not have any capital to pay off the figure requested, I own no assets of any worth and I have no disposable income. The further options they mention (Attachment of Earnings and/or Warrant of Control) have rattled me somewhat. What is the best response to the letter and what are the likely outcomes? Any advice would be much appreciated! Early Settlement Opportunity After CCJ.pdf
  8. Hi, here I am again... .6 years ago I had a breakdown, got into about 35K of debt, 3 CCJs which 1 is a charging order and this has just popped up. I am DESPERATE not to get another charging order so want to negotiate with them. I don't have the original CCJ nor any of the paperwork from Debenhams. .this debt has been passed round various DC over the years, all of which I've ignored.. but this I think Restons will take further.. I am on ESA in the support group with no chance of returning to work. My dad will help me, so I want to offer then 10% but since this forum has helped me on others, I've come here first for advice! this is the letter Re: Arrow Global Management Limited Account number xxx Original creditor and Product type : Santander – Debenhams Store Card We act on behalf of Arrow Global Management limited who has instructed us to write to you concerning an outstanding debt due to them. Our client has obtained a CCJ against you. The balance outstanding to our client is £1492.77 Our client would prefer t reach an affordable repayment arrangement with you to avoid further legal action. Please contact us on 000000 to discuss the various repayment options available. To help us understand your overall financial position and to determine how much you are able to afford, we enclose a financial statement for you to complete and return to this office. Alternatively please visit our website at www… .to complete a financial statement online. We would like to discuss your financial position with you to establish how you can repay this debt. Alternatively you can also seek free independent advice from one of the organisations detailed on the reverse of this letter. It is extremely important that you contact us to discuss your situation. We can only assist you in resolving this matter if you get in touch. Please contact us no later than Wednesday, May 24, 2017, failing which we have instructions to enforce the outstanding Judgement debt. Please note that there may be an opportunity for you to discharge your liability through a short term settlement payment. If you think your financial circumstances do allow you to pay a lump sum, please telephone us on 0000to discuss this. We must forewarn you that you will be asked to provide full details of your financial circumstances when speaking to us on the telephone. Without that information our Client cannot accept a short term settlement as it is important that any such payment does not have an adverse impact on your financial circumstances. If a settlement is reached and subsequently paid, our Client will update your credit file at the credit reference agencies within 35 working days. Your credit file will show that the account has been partially satisfied. The record will remain on your credit file for 6 years from the date of default. Yours Restons… any advice on my best way forward? thanks
  9. I currently have a CCJ against me that was entered into by default judgment in 2014. The initial court paperwork was sent to an old address but was passed onto me, I did submit a defense but it arrived a day late and was struck out and judgment was entered into by default. I was recovering from a serious illness that affected me both physically and mentally and didn't have the capacity to be able to deal with it at the time. The Timeline is as follows: 2010 Default on credit file 2014 CCJ Default Judgement 2016 Default was dropped from credit file but CCJ remains 2018 I sent letters to the claimant and solicitors asking for proof of claim Claimant: Arrow Global Limited Solicitor: Shoosmiths Particulars of Claim: 1. The claim is for the sum of 7545 in respect of monies owing by the defendant on a credit agreement held by the defendant with Sainsbury's Bank PLC under account number XXXXXXXX upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between Sainsbury's Bank PLC and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Contact drydensfairfax solicitorson : 0113 823 3850 In January 2018 I wrote to Arrow Global Limited at the address on the claim but my letters were returned undelivered. In February 2018 I wrote three letters to Shoomiths, I have proof of these letters being delivered. The first letter: A formal request for them to supply me with the credit agreement mentioned under the particulars of claim under sections 77-79 of the Consumer Credit Act 1974 The second letter: A subject data access request. The third letter: Request for documents mentioned in the statement of case under CPR 31.14 1. The Agreement 2. The deed of assignment 3. The notice of assignment 4. The default warning letter 5. The default notice I gave them two weeks to send me the above. I received a reply from Shoomiths a month later, they complied with the subject data access request and responded to my letters. In their response they stated the following: They confirmed that they have requested the following from there client Arrow Global Limited: 1. Statement of Account 2. Agreement 3. Notice Of Assignment 4. Terms and Conditions They stated that Arrow Global Limited has been assigned the debt pursuant to the Law of Property Act 1925, they stated I am not a party to the agreement and I am not entitled to a copy of the Deed of Assignment, They said that any other information I have requested to be disproportionate and that they do not agree with my timescales and will contact me again once they have received the documents. It's now 4 months later and they have not provided me with any documentary evidence to substantiate their claim. I am hoping to now write to the court stating that I have requested the evidence of the claim, I am yet to receive any and propose to set aside the claim on those grounds. Any advice on how best to proceed here welcome. If they are unable to prove their claim then surely there is no claim? I need some help and guidance on approaching this in the best possible way. Many Thanks
  10. Hi I'm looking for a bit of advice regarding a debt collection agency that is hounding me at the moment... I have a few very old debts,credit cards and Catalogue debt that will be statute barred come December but this debt collector is now planning to issue CCJ's on them... There's a couple of these debts where i have grounds to dispute them as they are actually not my fault as the originally company just didn't attempt to take any payments off me for over 12 months and when they realised they demanded all the back payments all at once... My question is are there guidelines on how long it should take a dca to go for CCJ's ??or can they effectively stretch the effects of them out on your credit file over 12 years by waiting the 6 years before issuing CCJ's which will then last for another 6 ??? Thanks
  11. Hi Sorry if this is in wrong thread, I can't seem to find a forum for aging Credit Card Debt. I was under the impression that Consumer Debt, i.e. Credit Card Debt, could not effectively be enforced beyond the 6 years without a CCJ and that it was not worth their while to obtain a CCJ. Is this not the case? A letter sent to address not been at for 2 years said Cap had obtained a CCJ, yet no Court Documents served warning of a hearing etc served to either current or old address. Is this a stunt they achieve by doing things in bulk? We hear of Courts signing things off leaving victim to deal with outcome. Says they are going to seek a warrant of control, I am on permanent ESA Last payment was about 6 years ago, which suggests to me that they have correct paperwork. I foolishly kept the debt alive for years with small payments before life changing incidents meant I could no longer service debt. Will a Court take what little money I have, £5 a month would take 500 months! I was told under consumer credit act that interest was frozen, now they are adding fees for taking me to Court. Does this mean they can add more fees and interest? Do the Court come after me for Warrant of Control or do Cap have to pay them? Is this a keep alive tactic that just adds 6 years of hopelessness to it? I do not want to re-awaken this or other debts.
  12. Hi all, need some urgent help please, have been asked to post here by suggestion. Noticed CCJ issued on my credit report prior to applying for mortgage. Found out that it is for PCN issued on 12/11/16 by PCM UK LTD in Academy Central Development. Passed onto Gladstones and onto DCBL. I recall this moment where I parked near my friends apartment and was not aware of signs or did I know I needed to pay. I did not update my DVLA or V5 until recently which is very stupid of me. I moved out of my apartment on 01/12/16 to temporary accommodation. 01/03/17 I moved into my permanent apartment, all utilities etc set up since move in day. Never went back to collect mail at my old address. Default Judgement passed on 16/06/17. I have no trail of any letters at all to date. DCBL are requesting I pay debt of £353.53 and they can mark the file as satisfied. However, to me this is same as having CCJ and this is not an option I will accept. I genuinly was not aware of this situation otherwise I would have resolved if I knew about it. I can prove via my statement that I had money to pay PCN. Below is the information that I have collected :- 1. Court Case reference number 2. PCM UK - PCN reference number 3. DCBL reference number and amount owned (£353.53) 4. Gladstones reference number 5. Images of vehicle from evidence & sign (attached) Out of panic I have directly called DCBL, Gladstones & PCM asking how I can settle, not sure if this was right thing to do. What are my options and next steps to have it removed off my file completely? I do not want it to sit on my file for 6 years, even with satisfactory? I need to resolve this as soon as possible as I have made a house offer and now cannot get a mortgage. Look forward to your advice and any help is very appreciated! Best wishes Mindaugas
  13. Good afternoon, or is it? I returned home this afternoon to find a card small card posted through my door, from county court bailiff. I was very surprised, really, and contacted the number straight away. The bailiff answered the phone, seemed pleasant enough, and explained that the visit was in relation to a debt with Cabot finance, outstanding CCJ. He said he couldn't return today, due to having to be at a eviction! He also complained about being the only county court bailiff in the area. He said he might be able to return tomorrow, and he has some paper work for me to fill out? I have dealt with other bailiffs before over council tax, and have always found them to be very polite and reasonable and I've always been able to set up a payment plan, but I've only ever owed a few hundred pound before, this is a massive sum, and I can't afford to pay this back all at once. Anyone know what will happen when he returns tomorrow? Will he allow me to set up a payment plan? I'm so annoyed with myself, as I've literally just got myself all up to date with all my debt, a considerably small sum, but a lot to me.
  14. Hi I am so stressed out. I've been at a University address since recently and came home to parents house to discover i have had a CCJ filed against me last month for an old catalogue debt and have been ordered to pay £50 per month with the first payment due in the next few days. I don't dispute the debt I just have no money and as I have now just completed my final year at Uni I am technically unemployed. I will be moving back in with parents very soon and am worried a bailiff will be paying me a visit and cause great embarrasment and distress to them. I've done some preliminary research but it looks very complex to me. Whether I apply for it to be set aside, or ask a court to change the amount, it all involves paying a fee which I don't have. I think in order to get help with fees you have to be on JSA/unemployment benefit? I don't want to do this. Just wondering what is likely to happen now? The amount of the debt is "only" around £300ish but I can't afford anything until I get a job. If the bailiff comes and I don't let him in, I know they can't force entry as long as doors are locked etc but what is the worst they can do? Can I just ignore him completely? Any advice greatly appreciated
  15. Hi all, I had a judgement registered against me which i paid in full within 28days. I have spoken to the court and they have confirmed it is showing as cancelled however the lady said that it can take time to filter down to credit reference agencies, does anyone know what sort of length of time this may be as it is having a significant impact on my score and i need to get a letting agency check done. Is there anything i can do to speed up process??
  16. Hi Folks, This is my first post on this site so I apologise if I haven't posted in the right place or if I don't use the correct terminology! I will do my best. Also I a big thank you for all the great advice! I have two issues I'd like some advice on but I will deal with them separately. 1. In January 2013 I received CC papers issued by a solicitor acting on behalf of Nat West Bank claiming I owed a total circa £7000 including legal fees and costs . I had defaulted on a personal loan (£1500 outstanding) and I had become unable to service my overdraft (£5000). After taking advice from National Dept Help line I acknowledged the dept and am now the unhappy owner of a CCJ. The judge ruled that I should repay at a rate of £20 per month based on my income. I am making regular payments. It seems that NW haven't as yet applied for a CO despite the fact they said they we're going to. I was aggrieved at the time of the Judgment because I had been in contact with Nat West as was attempting to reach an agreement with them and had actually offered them slightly more than the Judge agreed. I was waiting for a reply from NW solicitor when the court papers arrived! I had not been advised by NDH to request the CCA or SAR or consider defending part or all of the claim. I am not aware if there were unfair charges applied to both accounts and weather or not those charges have been added to the total owed. Don't even know if there is any PPI! After judgement I receive a letter from NW solicitor stating that I am not within my right to obtain the CCA despite the fact that I never requested it in the first place..most odd! So should I send a SAR request to NW and the Solicitor and should this include a request for all break down of all charges applied to the accounts and the CCA? Will they have to comply with my request or am I waisting my time and should I just continue to pay the CCJ. Not sure where to start with this or if I'm in a position to fight! Thanks.
  17. Just today received a CCJ for £350 quid, for parking in a hotel car park. This is the first bit of paperwork that i've had, other than them asking me for money (the pcn) thing. I wrote back to them stating that i was a guest of the hotel at the time, they replied with a letter saying 'we don't care' What steps do i now have to do to get the court to reverse this?
  18. Hi all, Some help and advice would be amazing on this! I have a defaulted payday loan with Instant Cash/PayDay Uk which is now owned by Prac/BW Legal. The account started on 10/01/2012 and the default occurred on 1/7/2012. I did not make a payment at all towards this or respond to any letters or phone calls. As you can see this debt is very close to being statue barred, if not already. I went through some old documents and discovered a letter of claim from Prac/BW Legal for this debt. This was sent to my current address (which was different from the address on the account, so they know where I am) on 24/10/17 with a reply needed by 28/11/17. I foolishly put this in with the other few letters I have received over the months which I assumed were bog standard debt letters. I did not reply to this in any way. Where do I stand? I havent heard anything since. Nothing from the court. Nothing on my credit file and its 6-7 months past the deadline set by the letter? What should I do? What I'm hoping is that they missed the chance to get it to the court before it became statue barred? As, if I'm right in my thinking I never made a contractual payment then the 'cause of action' would be the first missed payment, and the debt becomes statute barred 6 years after that. Which would be around the Jan/Feb time of 2018? Thanks all
  19. Hi all, I had a CCJ issued against me on 26th April, I contacted Shoosmiths LLP who were acting on behalf of client and agreed repayment terms over five months. I am now in position to repay the debt before the 26th May, i checked with the court this morning and they agreed that if that happened then i can ask the court to cancel the entry on the register (they stated that normally the claimant will notify them). Tonight i phoned the automated payment line where a message says that they cannot accept payment to clear outstanding balance unless agreed in writing, this now worries me that i will not be able to get this done before the 26th May. I will contact Shoosmiths in the morning but does anyone have any thoughts??
  20. Evening Peeps, newbie here. I used to be a member a long time ago and found the info on here very helpful. So thankyou ! I have now got a clean bill of health on my credit score, but still owe debts to various DCA's. My question is - can a DCA still try and issue a CCJ, even after say 8 years of the original default account ( notice of default has been isssued ) - my accounts have ALL dropped of the various CRA's as they all defaulted many years ago ( over six years ago ) - I am still paying them via a DMP. To summarise all debts are over 8 years old now. And I am still paying them. They just dont appear on my Credit Reference Agencies. Are these debts still enforceable in a court of law ? Lets assume than none of the DCA's have the original CCA's ? Thanks for any info, will be much appreciated, but cannot find this information, having trawled the forums. Big love and respect ! x
  21. Hi, hope someone can help. This is in regards of a 'stayed' case from August 2016 Via the County Court Business Centre. Cabot/Restons At the time I requested documents those being: 1. Agreement/Contract 2. Default Notice 3. Assignment These never arrived within the period of 12 days, then a further 30 days. I went on to deliver my defence and ultimately the case was 'Stayed' Present day: I have just received a photocopy of a credit agreement with spreadsheet statements from Cabot who now which to 'discuss the options available for this account.' My initial concern is the photocopy of the agreement, in that it has clearly had something stuck over part of the section 'YOUR SIGNATURE REQUIRED' with what clearly looks like a faxed signature of who ever was signing off on the agreement, although I am unsure if this is normal practice? Also the spreadsheet is very basic with no opening balance/closing balance or written indication to the amount of initial credit and whether this was increased/decreased over time during the period of the agreement? Per my original request during court proceedings they have not supplied 'Default Notice', 'Assignment', although I'm sure this would be a request I would make again should the 'Stay' get lifted and it goes back to court. Any help in this matter would be most appreciated. Thank you.
  22. Hi! I am new on this forum and would love some advice/guidance in what I can do. Here is the back story where the dates become quite important: I own a council property, and have done so for many years. SO set up to pay service charges to council every month of £88.96. This was setup in March 2011. Any under payments were always taken care of by a cheque at the end of the year to bring account back in line. Fast forwarding to 2017, the council have found that there was non-payment of SC between the period Jul 2017 to Dec 2017. And in light of this period of non-payment, the council also found that there was non-payment between Aug 2016 and Dec 2016. The council have said several letters were sent to my correspondence address (different to my rental property), but I never received any of the letters. If I had, I would have made payment as the funds were there. as a result, council took action in the form of legal proceedings to recover these payments. And subsequently, a CCJ was issued in June 2017. However, the court paperwork/summons were being sent to my rental property by the councils' solicitors, despite council providing my correspondence address (I have email confirmation council even admitting to this). So I had no knowledge of the CCJ in the first instance. Only last month, my family and I were trying to buy a house and upon doing credit checks, I found this CCJ to be in existence, 6 months after it had been issued. I contacted the council, who have said that they investigate and found payments were being made - by my bank as a SO ( bank statements also show this) but there was no payment reference attached to the SO's in order to correctly attribute any SC payments to my SC account. Monies were being held in a suspense account. All those 10 payments for the 2 periods above, were to have been received just without a reference to payment. I immediately, contacted the bank and asked what on earth happened and opened a complaint and told them I have received a CCJ. They investigated, and advised me that: in Aug 2016, previous SO (Mar 2011 to June 2016) was cancelled and a new SO setup in Aug 2016, just as when the arrears started. no reference was put in place when new SO was setup. I only went to the bank on Jan 10 2018 to put this in place. In light of the above, I never have gone to the bank to change any SO details because that bank account was only in relation to rental income and outgoings. there was no reason for me to go and change any details/payments of something I had in place since Mar 2011. But the main question is, what on earth happened between Jan 2017 and Jun 2017? As far as I am concerned, the council received payments with reference; which is what I asked the bank. They could not confirm nor deny this was the case other than a payment reference being put in on Jan 10 2018. Sounds very bizarre. Both the council and bank were not helping in the documents I wanted. There I did the following: Under SAR - from the council, I requested all info held on me regarding the CCJ as well as bank ledger showing payments being received by the council with payment reference in the middle period and not both periods either side; AND Under SAR - from the bank, I have asked the bank provide detailed info of all my SO's between Aug 16 and Jan 18, as well as any proof of documentation me making a change to my SO back in Aug 2016. Both are still pending and should be received no later than 2nd April 2018 under the statutory time limit. And any arrears outstanding were paid immediately by cheque to bring SC account back in line. However, my main question is, who can I claim for compensation - either parties or both? And for how much? is has left me in such a pickle because I lost a house in the process to purchase and to buy a car on finance for my business. And my insurance will be soon come for renewal which will undoubtedly be affected. Council have admitted the blunder, but not apologized, and have got in touch with their solicitor who admitted liability and will be bearing costs to take CCJ off. Do I have a claim directly against solicitor or do I have to go through council as ultimately, its their client...? As a side note, I have started a complaint through council complaints procedure, which is at stage 1 - decision of first investigation to be made by March 19th 2018. I have also opened a complaint with bank which recently closed because they were offering a mere £350 then £500 as compensation, to which I declined. Only because it felt like they were trying to close the complaint as quickly as possible in order to just satisfy my problem. I am not done with them. Sorry for the long winded post but wanted to cover everything. Any help/advice or guidance will be greatly appreciated. ​​​​​​​Jay
  23. Hello, I wonder if someone could please help me with this? I had TalkTalk as broadband provider back in 2011. I moved property back in June that year, informing TalkTalk by phone that the landlord agreed to continue with the service and we just wanted a change of name. On the 06/06/11 I was provided via email with a change of name form, which we sent via Royal Mail following the procedure that the retentions advisor suggested and paying for all my account balance, canceling the direct debit. My Landlord, who moved back to the time to the property made calls to India (so I knew it was him) and realized that they never changed the ownership of the account, even when I called them months after the mistake, indicating that the form could have probably been lost in the post. Ever since, I've had a series of collection agencies trying to get the money back, to all of them, I;ve explained the same story over and over again until the last one with Moriarty Law, the ones that are now threating me to take me to court if I dont pay the inflated amount of £208.93. I do understand that these companies just buy the debts in a desperate attempt to get money back. I did explain on the phone that I don't owe anything to TalkTalk and how it was possible for them to keep chasing me as I understand that this should be categorized now as barred? I wonder if there's anything I could do or hit them back? I hate people like this chasing me for something that I've already explained, declaring that if they didnt change the name on the account it was their problem not mine and they are chasing the wrong person for the debt. I think after 7 years I've had enough of clowns chasing me for this and believe now that this is an unlawful practice under the limitations act? Can I now take them to court for harassment opening a case in the small claims court? Thank you beforehand for any help you can provide me with. Kindest Regards, GB
  24. Hi All, I was hoping to get a little bit of advice if possible. I recently did a credit report and was disappointing to see a CCJ on my account. I telephone the court today (took 2 days to get through!), and eventually spoke to someone who I gave the reference number to, she gave me the creditor and their solicitors. I was advised to telephone the solicitor to obtain more information. The firm I contacted were Restons Solicitors. The lady I then spoke to was the rudest person I've ever had the misfortune to communicate with! Ever! She tried to get all kinds of information out of me, including my employer! I refused to give her anymore information other than what was on the judgement. She said it was for an 02 mobile phone bill, which was defaulted in 2012. The amount is £678! Firstly, I'm not sure I've ever actually had an 02 mobile phone, but since the contract was apparently taken out 8 years ago, I'm not 100% sure on the matter. Frankly, I've no memory of it. I knew nothing of the CCJ, and was never given the opportunity to defend myself. I asked the lady at Restons to give me further information, and she wouldn't... just said that I have to pay right now, or she'll send bailiffs! Luckily, I didn't give her my current address! The judgement was issued on 11/05/2017.. when I had already moved from my previous address, and thus was not aware of it at all. Restons Solicitors did tell me that their client was Cap Quest Investments. They have allegedly purchased the debt from Telefonica 02 UK Ltd. My concern is that I knew nothing about the debt. I'm not even sure it's legitimately my debt! If push comes to shove, and I have to pay it then I will.. as it's really not a large sum of money. But I don't want the CCJ on my record. I'm going to be looking for a mortgage in the next few years, and as such I don't want it to go against me. The court said that I can file a N244 form, pay £255 and ask a district judge to set aside the judgement. My query is, should I do this? Do I have enough grounds to realistically get the CCJ set aside? And if they do agree to set aside the CCJ, I understand I'll still be chased by Restons/Cap Quest? What's to stop them just going for another CCJ? Or sending bailiffs to my house (they'll likely see my new address from court proceedings?). Does Statute Barre come into play here? Since it's likely to be 6 years from default by now? Any help would be greatly appreciated. Many thanks, Jon
  25. Hi guys, Mid February I was issued with a CCJ after moving house and not receiving the court documents. I have spoken to Citizen's advice who have discussed with me the possibility of a set aside and have sent me the court forms to fill in. I know that I need to act promptly and get this sent off but was waiting to speak to the claimant. I spoke with the claimant's Solicitors and we came to an arrangement for me to pay all money owed and for them to consent to set aside. They were very nice about this after speaking to them and hearing the issues I'd been dealing with and why the debt wasn't originally paid. I have just received a document through the post from them but it is in fact a TOMLIN ORDER, although it does state it it that they wish for the CCJ to be set aside due to sending the forms to the wrong address. I am to sign to agree to the full payment and send back to the claimant. I have been looking up what a TO is, but all information seems to state that it is something used BEFORE a CCJ is issued so I'm just a little confused. If I send the signed TO back will the claimant and court then deal with it and I wait to hear from them? I think that's what it says on the document. Do I still need to send my own N forms to set aside to the courts as advised by citizens advice or does that not need to be done now the claimant is sending the TO themselves to the court? Also, I saw the below comment on another thread on this forum in which someone was able to get a set aside but only after initially being rejected. Is the following true and more likely to be set aside? "In hindsight and a better chance of having the consent order approved would have been to engage a solicitor to send it for you. The court can deal with consent orders as an administration process without involving a judge but that's only if both parties have legal rep." Very confused. Any help appreciated. Thank you
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