unknown Carter CCJ for Tesco Credit Card - set aside help please

[basa48]

Update:

 

DN received (and expired!) and termination of account received.

 

LBA expired .... no response so the claim goes in next week.

 

Have asked for void or unenforceable with damages (for DN), return of charges and costs.

[wurzel]

Hi Guys.

 

I have been reading the blog with great interest and excitement. I have 2 credit cards M&S £11,000 and Egg £7000 and I think they are both unenforceable. The M&S mastercard I have had since about 1988 when it was a chargecard and then automatically was 'upgraded' to a mastercard and the Egg card I have had since 2002 I think.

 

I came across a company called Credit Issues who, for a fee, were going to deal with my case but I was a little weary of handing over £450 (fees) and there were additional charges of £1000 I think if they won. Loads of small print on their paperwork and I got scared and then came across your site.

 

I wonder, has anyone had dealings with Egg & M&S before and with what success. Also can anyone recall the Chargecard automatically upgrading to a credit card or did I dream that bit.

 

I have found on your site the two letters I need to send thanks. Just one question which worries me is that if I am sucessful after the 2 letters - do I actually have to go to court etc ....

 

Thanks very much, all advice is so welcomed, my minimum payments are totally £500 pm and life is really hard at the moment (like it is for most I know)

[basa48]

First thing to do is scan the agreements (both sides if applicable) and post them here. Then we can comment unenforceable or not.

 

You say two letters ?? ....... you'd be lucky to get anything to court after 10 letters !!!!! The likelyhood is .. Yes you will have to go to court.

[wurzel]

Thanks for the advice, I will post the agreements when I get them. I am a bit scared about going to court - would I be allowed to ask someone to go for me, to represent me - I know I would go to pieces if I had to go to court. Do credit card companies settle before court do you know?

[Braveheart12]

Just received this letter,

 

[Braveheart12]

Tesco have now passed this account to Triton for collection on their behalf. Think I better SAR Tesco to see if I can get postage details of the Default Notice as its possible they did not leave me with the full 14 days to remedy.

 

Anyone know what Triton are like to deal with?

[stroke a badger]

Hiya M.A.T. What is the latest with this, have things fallen silent?

[angry cat]

I have had all those Regal Computer Generated letters!

 

CCA'd them, they backed off and passed the Lemon back to RBS.

 

AC

[debbbbsy]

Me thinks RBS passed your debt to an external DCA because they know it can't be enforced.

Probably hoping you would buckle under there nasty threatening letters.

 

Well done.

 

Debs

[Braveheart12]

I had a few demands for payment from Triton. Today I recieved a posh looking letter from Green & Co Solicitors who say Triton and in turn Tesco have demanded payment and I have failed to comply. They will now commence court proceeding unless I pay up within 7 days.

 

They have not answered my SAR so far, should I advise them that the account is in dispute as it contains unlawfull charges that I wish to claim back?

[Braveheart12]

All has been quiet for a while..

 

 

.however Fredickson and Bryan Carter Solicitors started to send me payment demands in April 2010 as I was moving house.

 

 

Unknown to me a pile of letters have built up since at the old address and have just been forwarded to me by my former landlords estate agent.

 

 

To my horror there was a letter from Northampton County Court,

 

 

Bryan Carter have made a claim against me on the 10th August and my 14 days to respond have gone.

 

 

I did not get the claim letter until today as it was sent to my old address.

 

I have no idea what to do now, can somebody please help.

 

I did not inform them of my change of address,

however Bryan Carter's have been sending me letter regarding another debt for the past 4 months to my current address.

 

 

I guess they found that from a Credit Agency or Electoral Register.

 

Thanks in advance.

[cerberusalert]

Bryan Carter have made a claim against me on the 10th August and my 14 days to respond have gone.

If a judgement has been made you can apply to have it set aside on the grounds that the papers were sent to an old address & as Carters knew your new address they must have made another clerical error.

[Braveheart12]

Thanks for the quick response cerberusalert. How do I find out if a judgement has been made? Is this something that would be sent to me? Obviously they will send it to my previous address if this is the case.

[cerberusalert]

Is this something that would be sent to me?

Yes.

 

No doubt it was done through Northampton, so if you contact them giving the ref no. on the original papers they will be able to tell you the status.

[Braveheart12]

I just called Northampton Court and they informed me it went to Judgement on the 2nd of September. Does this mean I now have a CCJ?

[cerberusalert]

Does this mean I now have a CCJ?

I'm afraid so, they will have won by default. You now need to apply for it to be set-aside. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

[Braveheart12]

I've just checked my Credit Report and there is a Judgement from Northampton CC. I will wait until I recieve a letter from Carter's before a try to get it set aside. Do you think the following reasons would be enough to have it set aside:

1. The court papers were sent to my old address
   
2. I was out of the country when the papers were delivered
   
3. The amount claimed is wrong as it contains late payment and default charges
   

[Braveheart12]

I also meant to ask if its worth telling DCA's of my new address in the future to avoid this kind of thing happening again, rather than avoiding them and letting them work it out for themselves?

[cerberusalert]

Do you think the following reasons would be enough to have it set aside:

Yes.

I also meant to ask if its worth telling DCA's of my new address in the future to avoid this kind of thing happening again, rather than avoiding them and letting them work it out for themselves?

That's up to you but remember they'll be able to hassle you by post and more than likely 'phone too when they manage to obtain the number.

[Braveheart12]

I have just received the Judgement Papers from Northampton CC, whish were forwarded to me from my old address.

 

 

I am currently trying to fill out a N244 Form to try and get this set aside.

 

 

In section 3 I have wrote the following:

 

 

I ************** intend to apply for an order (a draft of which is attached) that The Default Judgment entered

against me be set aside and a re-hearing ordered.

 

because

 

The claim form did not come to my attention because the claim papers were sent to my old address, when the

claiment knew I had moved house and had a new address. At the time when the claim was made I was also away on

holiday. As well as this I also believe the amount claimed is significantly wrong as it includes illegal charges and

interest added is not as stated in the Consumer Credit Agreement.

 

and in section I am asked to, 10. What information will you be relying on, in support of your application?

 

Do I need to provide proof of my current address (bill or tenacy agreement) and past letter from Bryan Carters to my current address? Do I need to provide anything else?

[Braveheart12]

Thanks again cerberusalert.

 

Could anyone please help me with my N244 Form as explained in post 27.

[ploddertom]

This may help a bit, it's mainly used in the Bailiffs forum so some bits may not be pertinent. Q3 in particular only needs a brief Description - Applying for Set Aside of CCJ No XXX and expand the reasons in Q10.

 

N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No - leave blank

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for Set Aside because you never knew you had a CCJ until a High Court Enforcement Officer arrived. If applicable ask for case to be transferred to local Court

Q4 - tick No

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy of Staement of Truth on to last sheet & sign + date. Tick sateemnt of case on form and again sign + date

Q11 - fill your details in

 

Send form to Court where CCJ was awarded with appropriate fee - £75.

 

Claimant is entitled to oppose your application but in most cases this can be disregarded.

 

PT

[Braveheart12]

Thanks PT.

 

with regards tp Q10; should I simply explain that I was living at different address and that I believe the amount claimed to be wrong? or do I also need to provide any evidence at this point?

[ploddertom]

Thanks PT.

 

with regards tp Q10; should I simply explain that I was living at different address and that I believe the amount claimed to be wrong? or do I also need to provide any evidence at this point?

 

Q10 is an expansion of the brief details you put in Q3. So if the original docs were sent to a different address to your present one then say so - include any relevant dates, also include any info if you advised the Claimant you had moved as a favourite trick is to use an old address.

 

If you also think the amount claimed - not costs - is wrong then also say so and include your reasons for saying so. This on its own will not be sufficient for Set Aside but coupled with everything else may well help.

 

PT

[Sobreity]

Braveheart, this is one of the reasons why the court does set judgements aside, but did you know you have to say in C that you have reasonably attempted to inform debtor of your present address?