CCJ in default

[Sirensinger]

Hi, have been looking through the CCJ stuff but can't find anyone who's got exactly my problem, so need advice!

 

I'm lliving away from my permanent addresss, and have had bank charge disputes going on since 2006. One of them is HSBC. I had already written with a Preliminary Request, and I think I'd sent the Letter Before Action too. But I'd also realised I didn't have a copy of the CCA, so I CCA'd Metropolitan DCAs, who were handling the debt, in March last year. They didn't respond, instead put my £1 towards the debt. In October I got a Claim Form from Northampton Court which had been issued by HSBC. I was away at the time, but I when I returned, I wrote to them to explain the situation (this was in November), and said that I presumed that in the circumstances I needn't fill in the form, as I was still awaiting the CCA, but asked if this was correct. No response. I wondered if I'd forgotten to send the letter, so I sent it again in December. No response. I had also written to DCA Sols, who had been instructed by HSBC, on 21 October, explained the same, and asked for the CCA. Heard nothing from them either.

 

Around this time, HSBC wrote to me and said that they had obtained a stay on all bank charge cases, and therefore would let me know when a result had been obtained on this. I assumed (probably stupidly!) that this meant nothing could be done on either side.

 

Around Christmas, I started to spend most of my time away, and in January I got a temporary job away - I wrote to DG and told them to send correspondence to my mother's address, as I didn't at the time have a postal address.

 

Shortly after, I got a postal address, so I wrote to DG on 27 Jan, and told them this. I also asked them to send me copies of any correspondence they'd sent since the beginning of the New Year, as I explained that this was when I'd left my permanent addresss. There was no reply sent to my new address. I had e-mailed HSBC early in January, asking them to correspond with me by e-mail, as I might be moving around for work, but also to duplicate correspondence to my mother's address. I also asked them to send copies to her of anything they'd sent me since mid-November. They sent a letter to my mother on 11 Jan, but did not correspond with me, saying that they would send all future correspondence to her, and that nothing had been sent since mid-Nov.

 

Last weekend (6 April) I returned to my home address to pick up my post - and to my surprise found two CCJs and a letter from DG which had been sent on 3 Jan, acknowledging my letter of 21 October, and sending a Consumer Credit Agreement (although I'm not too sure about this, as it doesn't have a signature on it) Is this valid?.

 

The CCJs were obtained in Feb and March. I'm aware that at this time DG knew I'd changed address, but I hadn't let them know until the end of Jan. The Court at Northampton knew, and so did HSBC.

 

I'm now about to apply to have the Judgements set aside, but I'm very confused about the whole thing. If anyone can offer any advice as to the likelihood of succeeding, I'd be very grateful. I hope this post doesn't seem too confused - I am confused myself! I've probably forgotten to include some vital details, so please ask me!

 

Many thanks!

 

Sirensinger

[DocH]

Hi,

 

Take a look at the National Debtline website, they have a factsheet for the set aside for CCJs:

 

National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

[Sirensinger]

Thank you DocH, will have a look at it now - am getting so confused with all this stuff, every time I think I'm winning, another dilemma pops up in my mind n I have to go back to the drawing board! But this site has been sooo helpful.

 

Sirensinger