Charging Order /id Theft/urgent Solicitor Needed

[danski32]

hi can anyone help me please.

I have just recived an interim charging order the hearing in jan the 6th 09,

i have had solicitor letters.but just binned them,

but none of them stated what debt i owed.

i assumed they was for an usucured car hp dispute agreement years ago i was expecting i owed around £200.turns out the letters were nothing to do with that a hell of alot larger debt nothing to do with me .but i owe £13000 to a company called tessa portfolio. who are debt collecters for egg banking. and they have a court date for the 6th jan 2009 i have been living abroad for 2 years and renting out my property,but now ive recived an interim charging order. this is the first i have ever heard of this so i got my credit file from experian and turns out i have 2 ccjs one for £22000 and one for £13000 what should i do. they are trying to secure them on my property. can they do this !as i know this is a case of ID THEFT, what can i do to stop this im stressed out please help some one. ive never heard of this before but can they take money out of my property like this. i need a good solicitor i think please.....

[palomino]

Yes, they can do this.

 

Yes, you do need a good solicitor.

 

ID theft is a pretty nasty business. If there's any help or advice you need then ask away and we'll do our best to help.

[twofoot]

If it's a clear cut case of ID theft you should be reporting it to the police asap then we can look into getting the rest sorted out.

[Kraken1]

If you were abroad then you can't have received notice of the claims and so you should be able to apply to have these set aside. I assume therefore that they obtained a default judgement against you.

 

Read these as a start. They should provide background.

 

General info

Setting Aside Judgment

 

The Civil Procedure Rules on setting aside.

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

 

And yes. See a Sol.

[danski32]

hi thanks for the info i will be going to the police tommorow to report they should investigate all who rented my property.but they will proberbly just log it!! the court is 200 miles away i cannot go. i will write to the judge and explain hopefully this should work the acting solicitors have not responded to my letters as yet. thanks for the civil rules

[danski32]

hi i have been to the police. they said it will have to be classed as fraud. they are sending me out a crime ref number in the next few days.they cannot investigate it until the card issuier asks them too.

 

i have wrote to there solicitors explaining the situation and asking them for a true signed copy of the credit agreement before the hearing. as the card and loan was taken out in 2005 with egg banking.

they wrote back stating

 

dear sir

in view of the contents of your letter we confirm we have discussed this matter with our clents ( egg) and that we have received confirmation from them that a copy of the original agreements have been ordered from the vendor in respect of the cases,and that if there is any doubt as to the validity of this judgment we may immediately request the court set the judgment aside on ourown initiative and also cease any enforcement action,in this case being the charging order application.we are aware the that the final harging order hearing date is the 6th jan 09 and in view of the urgency of this case we would anticipate being able to return to you with the outcome of our investigation on or before the 23rd dec 08. in the meantime you may of course make your own application to set the judgment aside,however as stated above,this should not in fact,be necessary as if the account does not relate to you we will do this ourselfs on our own own initiative. in the mean time thankyou for the information provided wich has enabled us to commence a full investigation in this particular case.

yours faithfully xxxxxxxxx

 

please send some advise should i apply to set this asside!.

if this was over 5 years ago they shouldent have the agreements? so they would not have a case?. i would think!. even so this should be treated as fraud. they have seven days to responed they havent even asked me for the crime ref number!! they must be good at investigating.

[42man]

This should be a straightforward thing to do to set aside, you should attend the hearing and give the judge the details of the crime number from the Police, explain that you weren't in the country....(but give them proof)....If you can move quickly to get the original set aside, then please DO...and explain in dialogue to the solicitors that you will be setting this aside due to identity fraud - some good information in post #4 above...

[DocH]

You could also ring the court where the case is due to be heard and ask for the hearing to be moved to a court in your home town.