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  1. Hello everyone, I would like to thank all caggers for all the advice given previously... It is a big relief knowing that there's people you can run to for advice at times like these. my new questions regarding CCJ on old credit card debt That's been passed around to different DAs over the years is now Been recorded at Northampton Business Centre 2016. The debt was originally More than credit card... in 2007_08 I run into difficulties It is one of many that's been filed on my credit file which I believe ended 2 years ago. (After 6 years)...great thanks from all the adviced and help from all Caggers. The new solicitors who dealt with the debt applied to take me to court last summer Which I immediately replied online via MCOL? I disputed (as adviced by chargers) To ceased collection until they can provide an original CCA agreement. All they can produce was a type written statements and not a original signed Agreement? I kept the email as proof, they did not reply from the template. I did not hear about it again until early this year WITH a letter of CCJ granted by Northampton? I have immediately requested a form for Set Aside ccj? My question is...Will judge Grant me to set aside? Debt £800 now £1000. I have paid token payments for 2-3 years on all my debt from previous DCAs including The above. But then it went quiet every time a send for CCA requests. I did not pay anything for years to this debt. Then last year new solicitors tried to take me to court? No CCAs reply just 're constructed... At the moment I would like the ccj off my credit file by any means.. .as that horrible stomach Churning make me sick again. ..all debt was cleared off after 6 years. And then this happened. It took me years to make good of my credit rating then out of the blue a CCJ... Any comment or advice will be highly appreciated. Thank you in advance... Set aside? What happens with ccj if granted? I have 1 month to deal with this new problem 9 May 2016. Thanks X
  2. A CCJ has been set against me while I was abroad by the Northampton county court. The judgment was made in February 2015 I have been living in Paris since September 2014. I only found out about this after I checked my credit file. The amount is for £609. I intend to have this set aside by making a N244 application. At the moment I am thinking that I will base my defence on the fact that I was not served the court papers due to the fact that I didn't recieve the court papers as I am living in Paris. So I wasn't given the opportunity defend or dispute the claim. Crucially, I was also denied the opportunity to settle the claim within 28 days which would have had the claim set aside automatically. I can prove that I have been living in Paris. Any help on or insight will be greatly appreciated.
  3. Hi Guys, I'm rather new on this forum and I have a unique situation that I hope I can get some advice on. At the end of last year (2010), I was refused credit, I subsequently registered on creditexpert and found out that I had a CCJ registered against me, another default with British Gas at a house that I never lived at and a mobile phone that was settled, but after massive payment problems. I will be honest, I know who the perpetrator was... I bought a house for my brother in 2007. He was living at the address where I got a CCJ. My condition on buying this house was that he manages everything and pays everything on time. I didn't need to do it, it was a massive favour. However, I found out that he didn't pay the ground rent and then sublet the house to someone else! He then redirected all mail to his new residence. Of course the freeholder kept sending letters and there was no response. I was none the wiser. I never even got the feeling. I have now taken over management of the property and arranged for a tenancy agreement with the tenant... he had never seen me and I turned up at his door to say that I was the landlord. Anyway, Orange have now removed their account from my records after my requests, British Gas have also removed the fraudulent account from my credit files. However, I have made a request to Northampton CC to say I need the CCJ set aside. I have also contacted the freeholder to explain the situation. Question is: What will I need to prove that this was a CCJ that I didn't deserve: I have the statement of the tenant that he was installed by someone else and that he had never seen me. He also states that all mail meant for me was collected by my brother and that he had never met me before late 2010. I also have my credit files that state British Gas and Orange defaults on one report, both gone in a subsequent report. I also have records of making payments to the freeholder in recent months and correspondence explaining my situation. I also have evidence that the freeholders agency was sending correspondence to my brothers new address and not to me. I have reported the mobile phone account as a fraudulent account to the police and I have a crime reference number. I realise that this should be an open/shut case and i should win. However, I am so worried about the fact that when the property was bought, I knew that the payments for the ground rent / maintenance were on the contract and I knew that they must be paid. Can they use this against me and say that although it was my brother that was being devious, it was my responsibility thus the CCJ stands??? I admit my responsibility, but I have no issue paying and the £1700 that was finally the amount that was defaulted on, was something that I could have paid. Please help with this. I have contacted the court and the judge is considering a court date or action apparently. I should hear back at the end of May. Thank you
  4. Ok this is a brief history of my last 4 years so you can see where I am coming from. My business collapsed in late 2007 leaving me in all sorts of financial problems. The problems compounded themselves with my stupid decisions to take out more finance etc. Well having struggled through all manner of things including using the dreaded Log book loan companies and losing my car and payday (read crazy interest) loans I am happy to say I have now reached the position where I have paid all my debts in full apart from 2. I was so stressed by various things at the time that I didn't respond to lots of letters, in fact I didn't even open them. I was aware of my debts existance but not how far things were going. One of my outstanding debts was with a solicitor I used to wind up the business but then could not settle his bill in full and the other was from a supplier. Both of these companies applied for ccj's and of course, as I did not even open any letters, they won. I have not been in contact with them at all but I have now saved up enough to pay them both off in full, which was always my ultimate intention. I would like advice as to what to do next. Should I contact them and ask if they will agree to have the ccj's set aside in return for full payment? They are both 2 and a half years old now so they probably think they will never get paid. Or should I apply to the court to have them set aside? Then if successful I could pay in full and they would be removed? The main reason for this is that I would have been out of debt a lot sooner had I not had them on my credit file. My mortgage broker tells me I am paying nearly £200 per month more than I would have done if I had no CCJ's. My only other blemish on my file is a stupid default from O2 for failure to cancel a contract in time but that was 4 years ago and satisfied so not too bad. Any advice would be most welcome. I must reiterate I have not shirked any of my responsibilities for any debts and have worked bloomin hard to get back into the black. I just want to draw a line under the whole sorry period in my life and move on without being beaten with the bad credit stick for another 3 and a half years.
  5. I’ve since found out that ignoring your financial issues does not make them go away as they stink really bad (like rotten Egg) Anyway, I need some pointers on how to proceed with this situation please! Background I passed my MBNA credit card account to a company called Cartel Client Review in summer 2008 to review and they deemed it unenforceable because of the faulty agreement so they passed it on to CCLS who instigated a dispute on my behalf. As far as I can know, a SAR was done but I now don’t have access to whatever info or docs that was received (or not) from MBNA as CCLS were closed down in March 2010 and Cartel! I have been in contact with Gordon’s Solicitors (who were appointed as administrators for CCLS) and they are unable to find my file. Issues In April 2010, I received a claims form from MBNA, at that time, I didn’t understand what all this was but I filed an AOS and didn’t do anything else i.e file a defence as I thought that MBNA or indeed the courts would need to send me more stuff before I take the next step! Naïve!! Apparently, a CCJ was awarded against me for the account by default in May 2010 but I never received any notification of this! Nothing from MBNA/Optima or the courts informing me that this had happened. The first I knew of this was in July when I received a letter from Optima informing me that they had applied for an interim charging order and that there was going to be a hearing on the 8th of Sept! I then received a B132 notice from the Land Registry informing me of an application to enter into an agreed notice. This obviously got my attention and I knew there and then this was not going to go away unless I tackle it. I went to for the hearing on 8th Sept thinking I was prepared to defend the claim and the CO application. I had written out a well prepared defence bundle labelling all the evidence and so on but the Judge was not prepared to listen to me at all, he wasn’t interested in my statement or the evidence bundle I had given him. He kept on repeating that we weren’t here to discuss the claim (CCJ), just the CO and I kept on saying I didn’t understand! The Judge wasn’t interested in the fact that I had not received any notification from Northampton regarding the default judgement in May. So he granted the final Charge Order and awarded £266.00 cost to MBNA. He did advise me though to apply for the previous judgement (CCJ) to be set aside as I hadn’t previously defended it and my case (which he had before him but cannot look at) had not been presented before a judge to assess. After the hearing, the MBNA Sol approached me and said he wasn’t able to advise me as he was representing the other side but that I should read between the lines of what he was saying. Basically, he applied that I should appeal the original CCJ and ask for it to be set aside explaining the reason for the late application. He said if it was set aside then of course the CO would become irrelevant. He said it was worth a try since I had already done the groundwork with the evidence pack I had produced for the CO hearing. From the little I’ve read on this, I’m supposed to use the N244 form with a £75 fee to apply for judgement to be set aside. But what reasons do I give? Has anyone had experience of this? What else can I do? Thank you.
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