HSBC/First Direct placed ccj and charging order without my knolage.

[braindead58]

First Direct / HSBC. has taken me to court without my knolage hence it was not contested. for a debt totally made up of unfair bank charges.

I now have a CCJ and a charge against my property.defaults have been logged with credit referance angencies etc,

Basically they have ruined my life. My estranged wife is on anti depressants with all the stress that they have caused.I know that they have acted against the guidlines of the bba and the oft but im not sure how to start fighting them back.any help or advice in this matter would be gratefully Recieved

 

Braindead58

[gizmo111]

Have the ybeen sending your post to the correct address? There is a fair bit of correspondance that you should have received to get a CCJ and subsequent charging order.

[johnnymitch]

Hi braindead , welcome to the forum ....

 

They really are a despicable shower , you are supposed to have letters warning you of impending of all these actions they have taken .......

There is a link here which may help you to contest the CCJ ...if that is thrown out the rest should be withdrawn as a consequence, I would say .

 

How to set aside a judgement in the County Court (CCJ)

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

No doubt someone will correct me if I'm wrong on this one ... so keep your eye on the thread........

And by all means come back and ask if you're in any doubt - someone will answer , and we're a friendly lot on here .....

[braindead58]

thanks guys will check this all out.I think they sent the court papers to my previous address that i own with my ex wife. but she says she has never got anything i left her 3 years ago and hsbc new we were seperated only I found out about the ccj in in january when i signed up for my credit reports.

[johnnymitch]

So did HSBC know your new/current address when they CCJ'd and Defaulted you , braindead? If they did and sent the notifications to your old address , I would say you have a case for lifting everything they've thrown at you .......

[braindead58]

they didnt have my currant address but they did have the address where i was living with my parents after leaving my wife (they sent letters to me there)and if my parents had recieved anything they would have forwarded on to me

[johnnymitch]

Right - it may help to look again at the link I gave you - reasons for applying to lift /set aside a CCJ ............

[gizmo111]

So what property have they put a charge on if you no longer have a house?

[braindead58]

im still half owner of the house where my ex wife lives with our children and that the property the placed a charging order on

[Castlebest]

You need to follow the steps on the National Debtline web page Johnny posted for you above.

 

The court should then set aside the charging order and the CCJ and you should be allowed to defend the banks claim. To do this you will need to quantify your own claim for the charges they have taken from you to use in your defence.

 

If you have not already done this you should start now and as you seem to have been moving around a bit I doubt you will have all of your bank statements so you will need to send a Data Protection Act SAR (Template in the templates library).

 

pete