CCJ on old property, company say its valid - please help!

[loobyloo35]

Looking for some advice please......

 

I have a CCJ on my property in which I didnt receive the paperwork and it was served at my old address in March 08, I moved out in October 07 and had my property diverted for 12 months.

 

I have written to Largo who are dealing with this stating I have no knowledge of this debt etc.

 

They telephoned me today to confirm they are putting a letter in writing and that I do owe the debt.

 

A little bit of the background.......

 

Redcastle bought the debt in Nov 03 for a balance of £562.68. Apparently I sent letters to them in Dec 06, Jan 07, March 07 and Aug 07 offering a rate of £5 per month. I paid £25. The last payment was made Jan 08. Now I have no recollection of this so need to go through my bank statements and see what was going on.

 

Anyway the balance is now £760 and the are willing to accept £620 in F&F settlement - mmmm I think not!

 

They are expecting me to pay £64 a month to clear the debt over the next 12 months - again, mmm I think not!

 

What I want to know is, do I have a leg to stand on in getting the CCJ set aside given that the CCJ was issued after I moved? Also they say they have left various messages on my mobile over the past 12 months or so to which I have not returned.

 

Any advice greatly appreciated, thanks

[Blossomandebony]

Hi, Loobyloo,

 

This link may be helpful to you:

 

Removal of CCJ's - Main Menu

 

I don't think you would get the ccj set aside solely on the grounds that you moved address - they have complied with the Civil Procedure Rules if they have served the court and you with the claim at your last known address. They will state that they had no other address and the court will probably accept this.

 

However, there are lots of angles to approach getting a ccj set aside, from disputing the enforceability of their agreement, to whether or not they sent you a default notice, (and if so, did it include charges, thus making it invalid!). I have had a ccj set aside, where I did not receive the court claim and I disputed the whole amount of the debt when applying to the court for a set aside. As soon as I did this, the creditor discontinued all proceedings!

 

BAE

[loobyloo35]

Hi, Loobyloo,

 

This link may be helpful to you:

 

Removal of CCJ's - Main Menu

 

I don't think you would get the ccj set aside solely on the grounds that you moved address - they have complied with the Civil Procedure Rules if they have served the court and you with the claim at your last known address. They will state that they had no other address and the court will probably accept this.

 

However, there are lots of angles to approach getting a ccj set aside, from disputing the enforceability of their agreement, to whether or not they sent you a default notice, (and if so, did it include charges, thus making it invalid!). I have had a ccj set aside, where I did not receive the court claim and I disputed the whole amount of the debt when applying to the court for a set aside. As soon as I did this, the creditor discontinued all proceedings!

 

BAE

 

Thanks for the email. You say I wouldnt get the CCJ set aside purely because I moved, but I know that this is a factor in having one set aside as I could say that I never received the summons.

 

If I wrote to the OC and they don't hold a valid CCA I could then argue the amount and have it set aside on the ground of now Credit Agreement?

 

Can someone with more legal knowledge help me out please as I am sure I will receive this letter tomorrow to look at over the weekend, thanks

[sillygirl1]

I would go for the set aside on the grounds that they could have known your current address, especially if you get a copy of your credit report and there is an entry from them doing a search..... caught another lot out with that one a while ago...

 

You can also contest that the payment in Jan 08 may not have been made as stated and that you were not at that point at the old address... so again they have put their feet in first - especially if you can prove via bank statements that the bank at that time knew your new address.

 

I would give it a good try and see what happens, some more help will be along soon.

[Desperate Daniella]

Hi Loo,

 

I did get a set aside on a CCJ because firstly a bill had been sent to the wrong address, and then the claim was issued and sent to the same wrong address. It was set aside and another hearing arranged but the other side then decided they would drop their claim for costs and just accept the payment of the original bill.

 

Obviously it all depends on circumstances, but you may get a sympathetic judge if you turn up with proof that you had moved.

 

Good luck,

 

DD

[loobyloo35]

I would go for the set aside on the grounds that they could have known your current address, especially if you get a copy of your credit report and there is an entry from them doing a search..... caught another lot out with that one a while ago...

 

You can also contest that the payment in Jan 08 may not have been made as stated and that you were not at that point at the old address... so again they have put their feet in first - especially if you can prove via bank statements that the bank at that time knew your new address.

 

I would give it a good try and see what happens, some more help will be along soon.

 

I don't think they have done a search on me recently, though there is one search on there that says "debt collector" but it doesnt say what DC is it

 

I have had to order a bank statement as they closed my accounts in error earlier this year so cannot go back to Jan 08 to see if this payment had been or was set up. What I have done is ordered them from 1st Aug 07 to 31st Jan 08 and this should cover all the payments they mention totalling £25 - hopefully there is nothing on there!

 

I do not recall any of this correspondence so they are sending me copies of letters that I have sent them

 

What would be my first point, shall I CCA Argos and then go for the set aside on these grounds assuming they do not come up with a suitable CCA?

[loobyloo35]

bump