Unknown CL Finance CCJ/CO on Barclaycard debt. **STRUCK OUT**

[deedee43]

Can you help please ?? ive got a hearing on friday 3rd october for a charging order ,is it too late for me to do anything about it ?

[42man]

Can you tell us a little more about the circumstances DD ??

[deedee43]

the debt is a credit card with barclaycard was originally providian

 

.Tried to sort a payment out with them but they wouldnt accept what i could afford .

 

It was passed on to CL Finance and

 

i received a CCJ i didnt receive a claim form from the court .

 

I then recieved a letter saying it was being transferred to the Bradford Court for enforcement then recieved the interim charging order

[42man]

OK.....a few questions first....

 

Have you sent off for a copy of your Credit Agreement for the credit card ?

 

Are there any excessive penalty charges that you could potentially reclaim ?

 

Do you have any valid, default notices ? notices of assignment ? statements....from the debt ?

 

If it was me in your position I would have fought the CCJ at the start, but the only way you might be able to do this at such a late stage is to attempt to get the CCJ set aside....at such a late stage, you need to try and get over the point to the judge that you are now disputing the debt, due to enforceability of the debt and excessive charges on the account.

 

You need to spend a while looking around these forums...

[deedee43]

i havent sent off for my credit agreement yet . When i got into difficulties the debt was for about £4,500.00 now its £7,286.77 . I cant find any default notices but i have a notice of assigment from Lewis Debt Recovery acting for CL Finance . What do i have to do to get the CCJ set aside ? Will the court case still go ahead on Friday ? Im sorry but i havent got a clue about all this . Thanks for the help

[Jeff2000]

Hello deedee,

 

If I were you I would take a visit to my nearest County Court as soon as possible!!! (Like tomorrow)!

 

The people behind the desk are usually helpful at most Courts. (Although they cannot give out legal advice)!

 

Explain what has happened.

Tell them that you never received a claim originally and that you now believe that the agreement may be unenforceable and that had you received a claim form you would of defended the claim.

 

Mention that you would like to apply for the judgement to be set aside.

They should be able to advise you and give you the correct form etc.

 

As far as I am aware, if you are allowed to apply for a set aside, then this should be heard before the CO hearing!

 

Also mention about the hearing on Friday.

The hearing may be adjourned, but it may not, it may be too late and you will still have to attend the hearing.

 

If so, tell the judge that you have applied for the judgement to be set aside. (Take a copy of your application)!

 

Best wishes, Jeff.

[deedee43]

hi Jeff, Thanks for helping me out i will go to the court tomorrow and try to sort it , i cant attend the hearing on Friday if it still goes ahead because it is in Bradford which is too far away

 

Best Wishes Deedee

[Jeff2000]

Hi deedee,

 

 

Why is the hearing in Bradford?

 

It should be at the defendants local Court!

 

I would ask about this as well!

 

 

Jeff.

[deedee43]

Hi Jeff, I dont know why its at Bradford but thats what it says on the papers , i will mention it tomorrow at the courts

Thanks

Best Wishes

Deedee

[deedee43]

i have a hearing on 20th january to set aside ccj , can anyone tell me what to expect when i go please ?

thanks deedee

[lisaf]

Hi Deedee, i will follow with interest as i have my first one on the 10th march (still got time but i want to make sure i have everything covered).

 

Lisa x

[supasnooper]

Have a read of this thread from post #13

 

It gives a general idea.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

[Ross-co]

Hi

 

I went through this a few months back.

 

The other side failed to turn up by the appointed time so were denied access. The DJ was polite, firm and questioning about why I was requesting the set aside. I showed him what I considered to be my defence and he granted my application.

 

10 mins if that

[deedee43]

well im in court tomorrow , buried my head in the sand a bit havent got a clue what to say or expect , got no documents to take , what would happen if i didnt turn up ?

[DocH]

Hi deedee43, on what grounds are you trying to get the set-a-side?

[deedee43]

didnt recieve the court forms and believe there are alot of charges , the debt was for £4500 and is now £7500

[DocH]

Apply to have judgement set aside on the basis that you did not receive the claim form and if you had have done you would have entered a defence or you would have made an offer of £xx per month because thats all you can afford.

 

You need to decide which direction you want to go. If judgement is set aside you may well still have to defend the claim and you will need to have a sound defence if this is the case.

 

Did you ever ask the claimant for a copy of your Credit Agreement? Did you ever receive a Default Notice for the account. What sort of account is it: loan/credit card/overdraft?

[deedee43]

thanks for the help . Its for a credit card and i never recieved a default notice but i think my x was opening my mail and disposing of it , the first i knew of this ccj was when i recieved a letter for a interim charging order which now they have the final charging order for

[deedee43]

i havent sent off for a copy of the credit agreement

[DocH]

Can you remember what you put on the N245 (the court application form) as the reasons for the set-a-side application?

 

I think what you need to tell the judge is that you were unaware the the claimant was intending to bring a case against you, because you did not receive a Default Notice neither did you receive a Letter Before Action (should have had this 7 days before they issued the claim) and finally you did not receive the Claim Form from the court. I would mention the fact that you suspect that your x may well have destroyed/disposed of your personal mail. Had you moved address at this time? If you had that's another factor to bring up with the judge.

 

Although it may seem daunting, I believe you may have sufficient grounds for a set-a-side and should attend the court. It really isn't that bad. You'll be in an office along with the judge, who will appreciate you are a litigant in person (layman) and will take that into account.

Edited January 19, 2009 by DocH
missing word

[deedee43]

the form says N244 application notice ??? not N245, i wrote on the form that i would like to apply for the judgement to be set aside because i did not recieve the claim form and i believe that the agreement may be unenforceable , if i had recieved the claim form i would of defended it

[DocH]

Yes it is the N244 - finger problem - sorry.

 

Is there anyone who can go with you to give you moral support?

 

Have you heard anything from the claimant's solicitors about the set-a-side?

 

Remember if you succeed in getting the CCJ set-a-side that means the Charging Order goes with it. Plus of course you can then challenge all those extra charges they've put on your account.

 

I do hope you do attend, but obviously that's your choice. If you do, and succeed, you will get plenty of support from this forum with help for compiling your defence.

 

Good luck.

[sleepingdog]

Hi deedee43 ,good luck for tomorrow. If you can turn up for the hearing early as most courts have CAB advisers available to give you help. Court is scary to begin with but most Judges are helpful .

[deedee43]

i havent told anyone about me going court and its a bit too late now to get anyone to go with me but after the advice you have given me i will attend . i havent heard anything from the claimants solicitors . thank you for your help and will post tomorrow to say what has happened .

deedee x

[deedee43]

thanks sleepingdog i will go early and have a chat with them