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I need HELP to set aside a CCJ - **SET ASIDE APPLICATION WON **


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Sorry I'm getting well confused

 

what is

 

CCA

 

IMO

 

Shadow have you a sample SAR please

 

Sorry, CCA really doesnt apply here, I was just stating that under the Consumer Credit Act (CCA) under s78 you can request a copy of the agreement... and that costs £1.

 

Subject Access Requests cost £10.

 

As this is for a utilities company its not the usual run of the mill SAR... below should suffice...

 

Data Protection Act 1998

 

Subject Access Request

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. A complete set of statements/invoices/bills that you have sent me.

 

2. Copies of all correspondence sent between myself and yourselves.

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

 

4. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

5. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

6. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

7. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

S.

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Thank you

 

I am going to do that now and send off today

 

should i do that first before the n244 than i have more evidence?

 

Sorry to be a pain with all the questions, I've always in my life untill now, always accepted things.

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Thank you

 

I am going to do that now and send off today

 

should i do that first before the n244 than i have more evidence?

 

Sorry to be a pain with all the questions, I've always in my life untill now, always accepted things.

 

Its your choice, but 40 days is a long time to wait, when you file your N244 you'll more than likely get a hearing date... normally this is 2-3 months down the line by which time you'll have the SAR and the evidence you need hopefully.

 

S.

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shadow, you may well be right about intentions to set aside and the court's interpretation of that but once it is set aside, what's the difference? I would definitelydisagree that it is an abuse of process however: isn't the reason for obtaining a set aside just as valid if it gives the defendant a second chance to avoid a CCJ if the route of paying within one month is one that they would ORIGINALLY have taken IF they had had the chance?

 

I would, on reflection, if I were arcacia probably err on the side of safety as you suggest and defend if it would safeguard the primary objective of no CCJ (if won/lost and paid within 28 days).

 

In any case, I've already stated in my previous post that personally I would defend on the basis that, assuming that the afcts are as presented, arcacia has been the unwitting and unfortunate victim of a cock-up, and the 'right' result is to get this removed without financial cost.

To err is human: to completely mess up is my peculiar gift.

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arcacia, this is a basic draft of section 3 and section 10 of the N244. Please familiarise yourslef with the form, guidance on how to fill it out is with the form (downloadable as a pdf/html file) and need not be reproduced here.

 

s3 (this is just the bare bones statement):

 

I wish to apply for a set-aside of a County Court Judgment on the grounds:

 

1. That I was unaware of any such judgment until after it was awarded as I did not receive 21 days’ notice from the court by way of summons due to the fact that I was not living at the address the summons was sent to at the time of the summons being issued. Had I been aware I would have defended.

 

2. I did not receive notice of 28 days that payment was due on the alleged debt: I received no notice whatsoever from any party.

 

3. That the alleged debt relates to a period when I was not living in the property, nor owned nor was in any way connected to the property.

 

4. That the claim is a result of a clerical error on the part of South West Water.

 

s10 (this is more meaty and concerns the evidence, if it fits on the form tick (th evidence below' and if it is too long to fit, tick 'the attached witness statment box' and type onto an A4 sheet and print and attach):

 

I contend that the alleged debt is the result of a clerical error on behalf of South West Water, who failed to close the account at my old address at the time when I informed them of a change of address, which was **/**/2006 (*******???????******) and thus continued charging me for a property which I neither owned nor resided in (and indeed was from that date in no way connected to me). South West Water duly began sending me bills for my new property only at the new address given, which I have been paying promptly and in full belief that they had correctly changed my address as requested, instead of incorrectly charging me for two properties. Therefore the alleged debt does not exist as I was not legally responsible for the property or water bills relating to it during the period this claim relates to.

 

I trust that the court appreciates that while some time has passed since the Judgement being awarded and that it is now marked as Satisfied, I was for a long time unaware of my rights and only paid when I discovered the debt, for fear of further enforcement action.

 

Please see the attached evidence to show that a) I was not living at the address the summons was sent to at the time it was sent, b) that I moved from address the claim relates to in **/**/2006, and c) that I must have informed South West Water of my change of address approximately one year previous to their court claim as I have three bills from South West Water relating to my new address going back to **/**/2007.

 

I would therefore respectfully ask the Court to set-aside the Judgment, on the basis that I never received the claim pack and consequently was denied the opportunity to respond to the claim; which I would have done as it is my sincerely held belief that no debt exists as I was not responsible for the property during the period this claim relates to.

 

Arcacia please pay careful attention to what I have written and check the dates as asterisked above. Be careful of posting personal info as you have done so already beofre editing. DO NOT SEND THIS YET AS IS PURELY DRAFT AND OTHERS MUST COMMENT ON IT, as I am liable to have made errors by commission or omission (or it there may be better ideas).

 

I should point out that this is the exact format with very similar language, tone and wordings (allowing for circumstances) as my own set-aside, for which a hearing was granted and which I won no problem.

 

You will obviously need to atach copies (not originals!!!) of the relevant paperwork as outlined above. You just need to establish credibility.

 

Av

To err is human: to completely mess up is my peculiar gift.

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Hi

 

Thanks Avatari,

 

I have just gone through all my paperwork and only have paperwork from 2008.

 

I have 3 letters (bills) from South west water dated 29/01/08, 14/05/2008 and 25/06/08.

 

Taking into account that I did not find out about the CCJ untill September 08 when I was declined for a mortgage. Than I phoned Northampton Court who informed me the CCJ was from SWW. Than I phoned SWW.

 

The only evidence I can get is my bank statements from Jan 2007 which will highlight me paying SWW and evidence my new address.

I can also get a copy of my tenancy agreement

 

What do you think? Is this enough evidence? Or I wait for the paperwork which south west water are sending out to me???

 

How much evidence did you attach?

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Hi

 

Thanks Avatari,

 

I have just gone through all my paperwork and only have paperwork from 2008.

 

I have 3 letters (bills) from South west water dated 29/01/08, 14/05/2008 and 25/06/08.

 

Taking into account that I did not find out about the CCJ untill September 08 when I was declined for a mortgage. Than I phoned Northampton Court who informed me the CCJ was from SWW. Than I phoned SWW.

 

The only evidence I can get is my bank statements from Jan 2007 which will highlight me paying SWW and evidence my new address.

I can also get a copy of my tenancy agreement

 

What do you think? Is this enough evidence? Or I wait for the paperwork which south west water are sending out to me???

 

How much evidence did you attach?

 

Bank statements and tenancy agreement are good. Council tax? Can you get copies of any other utility bills i.e. gas/electric, phone? Your suppliers should be able to supply you with copies, possibly at a small charge. call them. If you can prove you changed these at the time of actually moving, it will strengthen your case immeasuraby: if you changed gas/elec AND phone, it stands to reason you would have tried to change water too!

 

Waiting one more week won't hurt, to get all this, as it will really help persuade a judge to hear your request for a SA. Otherwise you can go with what you have, which hopefully should be enough.

 

I attached all utility bills, council tax, tenancy agreement.

To err is human: to completely mess up is my peculiar gift.

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My argument is

 

if I never informed them of my change of address, then the letters would have been addressed to the occupier, however, they are addressed in my name.

 

For the defence? Absolutely, though we can add more meat to that later once we are past set-aside.

 

Let's just stay on the set-aside for now, are you happy with the reasons in the draft I posted?

 

Shadow/supersnooper (or anyone else), what are your views please as you have WAY more experience than me?

To err is human: to completely mess up is my peculiar gift.

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Thanks,

 

I will gather all the evidence first which should take about a week. Than I will post a draft of my set aside on here.

 

Fingers crossed!!! I'm fedup with being refused a mortgage over this unfair CCJ. I would understand it if I had deliberately avoided the an outstanding debt!

 

Thanks again everyone, will get back to u soon

 

Absoulutely happy with the reasons you had given, If you don't mind me asking what was your CCJ for??

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arcacia, sure: disputed credit card debt...here's my thread on this, set aside achieved, now going for strikeout:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/174945-help-needed-set-aside.html

 

note some of the contributions, there's some excellent advice that's helped me and may be relevant to you.

To err is human: to completely mess up is my peculiar gift.

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Hi Avatari,

 

Sorry I have not been on sooner, its been a hectic few months! I have had all the information back from south west water,

 

Every bill since I moved into my new address which also shows consistent payment. However, they enclosed to forms which were sent to the occupier at my new address when I moved in, which therefore evidences that I did not inform them of my new address. However, I really believed I did inform them and I am sure I did this through their site as I also used that to pay bills. From April 06 they were sending bills in my name.

 

I'm unsure what to believe as there is a chronology where they say they phoned me or left a message on two particular occassion, and that is definately not true as I would have remebered and I would have responded. Further, I can't remember any letter addressed to the occupier!

 

So the situation is I still want to go ahead as I desperately need the CCJ off my file, even if I can have the option of having 28 days to pay it would be great.

 

So how should I form my argument??

 

I was thinking of continuing to focus that I never received any corrospondence from the previous address, therefore I was unable to make any relevant payments.

 

Also I did believe that I had inform SWW as I was consistently paying my water bill and receivng bills.

 

What do you think, can you help?

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I have just looked through all this information from south West Water which is from 11/12/2006, there is nothing in this bundle or recordings of conversations about my previous address or being linked to previous address or any information regarding the CCJ.

 

Should I not have all the information held about me on this address and previous address. Really needed additional information on my previous address as I was sure I had paid my water charges up to date. I don't think I have any real evidence, accept the statement of charges do record that I was constently paying my water bill at new address consistently and bills addressed in my name. However, they have enclosed two letters to the occupier (??) dated in March, when I had been living at new address since December 06 and a letter in April welcoming to my new home and from Aprill 07 - 01/09/09 a list of consistent payments.

 

There is no evidence I informed them I moved address!

 

There is no evidence that I phoned them in September 2008 when I found out about the CCJ and satisfied the debt.

 

Enclosed from the subject access letter is:

 

A list of charges and payments received from 11/12/2006 (all payments consistent!) BUT not untill April 07.

 

I think I just need to get the set aside completed and try to figure a defence out after.

 

Do you think I did the subject access letter wrong? should I have stated that I wanted information from my previous address (which the do know as I satisfied the debt, which I have no recipt or any clue what period in 06 was this out standing debt which caused me to have a CCJ.

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Do you think I did the subject access letter wrong? should I have stated that I wanted information from my previous address (which the do know as I satisfied the debt, which I have no recipt or any clue what period in 06 was this out standing debt which caused me to have a CCJ.

 

A subject access request is just that a request for all data on a "subject", its not address dependent.

 

In the first instance I would write back to them and complain that the subject access request has not been fulfilled. Ensure you state that if they do not comply and supply ALL information held on YOU then you will either force them to comply through the county courts or raise a complaint to the ICO.

 

You need to ensure your original request included asking for all manual intervention records, all recordings and correspondence.

 

S.

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Hi Shadow, thank you for your reply, I beleive the letter does ask this but there is nothing about the CCJ, the contents of the information appears too perfect, for instance the letters sent to the occupier (which I dont remember) and they state that they have phoned me at my address and left a message, thats totally untrue as I would respond to such phone calls.

 

This is the letter I wrote:

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. A complete set of statements/invoices/bills that you have sent me.

2. Copies of all correspondence sent between myself and yourselves.

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

4. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

5. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

6. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

7. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

What do you think I should do??

 

Should I just get this set aside done, Avatari helped with a draft

 

Please help, this CCJ is really screwing my life up!

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Hi Shadow, thank you for your reply, I beleive the letter does ask this but there is nothing about the CCJ, the contents of the information appears too perfect, for instance the letters sent to the occupier (which I dont remember) and they state that they have phoned me at my address and left a message, thats totally untrue as I would respond to such phone calls.

 

Apologies, I've just read back and seen that I was the one that posted up that template :eek:

 

What do you think I should do??

 

In the first instance write to them and state they have not complied... give them a date to comply fully by (unfortunately due to postal strike, should be around 14 days to be fair I reckon) Dont state what is missing just tell them they have not supplied all personal information as asked for by yourself and as demanded by the Data Protection Act. State you will either issue proceedings in court to force them to disclose the information requested or you will put in a complaint to the ICO for them to take the complaint onboard.

 

Should I just get this set aside done, Avatari helped with a draft

The fact they havent provided any info on the CCJ could help the set aside, I've quickly looked at the draft and its along the right lines, it might be better tho if you state the facts in your own words using the same sort of formatting and post up here when ready.

 

Please help, this CCJ is really screwing my life up!

Yep, whoever told you that a satisfied CCJ doesnt screw your credit up deserves to be shot, the only thing that cures it is to pay it off within 30days of having it and getting it removed from the register of CCJs.

 

S.

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Hi thank you Shadow but I have also notice something else. I feel like I'm going mad!!!! Please tell me these companies would not provide false information? Well its all very confusing bundle of paper work as not of it tally's up with each other. I need someone to look at it really.

 

I have 1 doc which is contacts from computer system which make reference to CCJ (I think) on 23/09/08 as it states telephone call received from me than it states coment noted on account - credit management memo pre litigation. No recording of the payment of the CCJ or the date of judgement which is recorded 31/10/09 on my CR.

 

I also have the letter from South West Water dated 23/09/08 which did not come in the bundle of documents which confirms the claim was settled in full on 12/09/08.

 

However the recording of statements of payment only go up to 01/09/09. Shadow, its so complicated. However, right they have not complied to my letter. Are you sure I don't have to note my previous address down???

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Shadow I have written this letter, could you please have a look and make any corrections. I am about to tackle the set aside now.

 

Thank you very much for your letter dated 09/10/2009. However, you have not supplied all the personal information that I requested in my last letter dated 28th August 2009. I have enclosed a copy of the letter which details the information I requested.

I expect to have a response within 14 days. Should I not receive all the information I have requested, I will have to make a complaint to the Information Commissioners Office.

It is your duty to comply with my request under the Law.

 

Yours sincerely

Edited by arcacia
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Hi Shadow and anyone else who can help please. Could you look at this setaside for me please, much appreciated.

 

I wish to apply for a set-aside of a County Court Judgment on the grounds:

 

1. That I was unaware of any such judgment until after it was awarded as I did not receive 21 days’ notice from the court by way of summons due to the fact that I was not living at the address the summons was sent to my previous address at the time of the summons being issued. Had I been aware I would have defended or settled any outstanding debts.

 

2. I did not receive notice of 28 days that payment was due on the alleged debt and I was not informed by any party

 

3. That the alleged debt relates to a period when I was not living in the property, nor owned nor was in any way connected to the property. I was consistently paying my water rates at my new address

 

4. That the claim is a result of a clerical error on the part of South West Water.

 

s10

I contend that the alleged debt is the result of a clerical error on behalf of South West Water, who failed to close the account at my old address at the time when I informed them of a change of address, which was 11/12/2006 and thus continued charging me for a property which I neither owned nor resided in (and indeed was from that date in no way connected to me). South West Water continued to send me bills for my new property only at the new address given, which I have been paying promptly and in full belief that they had correctly changed my address as requested, instead of incorrectly charging me for two properties. Therefore the alleged debt does not exist as I was not legally responsible for the property or water bills relating to it during the period this claim relates to.

 

I trust that the court appreciates that while some time has passed since the Judgement being awarded and that it is now marked as Satisfied, I was for a long time unaware of my rights and only paid when I discovered the debt, for fear of further enforcement action.

 

Please see the attached evidence to show that

a) I was not living at the address when the summons was sent to my previous address.

b) that I moved from the address the claim relates to around the period I moved (I am unsure of date as South Water have not provided me with any details of the CCJ despite my letter dated 28/08/09 requesting this information and furthermore

c) that I must have informed South West Water of my change of address approximately one year previous to their court claim as I have bills from South West Water relating to my new address going back to 2006 and 2007. I also have evidence that they were aware I moved to my new address on 11/12/2006 as recorded from a telephone conversation. In addition, since moving to my current address I have had no experience of this from other providers which I also informed on 11/12/2006.

 

I would therefore respectfully ask the Court to set-aside the Judgment, on the basis that I never received the claim pack or any such letters of the outstanding debt at the previous address. Therefore, I have consequently been denied the opportunity to respond to the claim as I had no awareness that such a claim existed due to paying bills from South West Water which were addressed in my name at my present address. If I had received the claim or outstanding debt I would have responded and made payment as I have consistently done over the years of living at my previous address and my present address. Thus I sincerely believed that no debt exists as I was not responsible for the property during the period this claim relates to.

 

 

Should I also add that I have written a second letter to SW for all personal information which still has not been provided, which is why I am vague about the details of the CCJ. (which I am to be really honest because I thought I was uptodate with my water bill at the previous address)

Edited by supasnooper
removed formatting info for ease of reading
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Hi thank you Shadow but I have also notice something else. I feel like I'm going mad!!!! Please tell me these companies would not provide false information? Well its all very confusing bundle of paper work as not of it tally's up with each other. I need someone to look at it really.

 

I have 1 doc which is contacts from computer system which make reference to CCJ (I think) on 23/09/08 as it states telephone call received from me than it states coment noted on account - credit management memo pre litigation. No recording of the payment of the CCJ or the date of judgement which is recorded 31/10/09 on my CR.

 

I also have the letter from South West Water dated 23/09/08 which did not come in the bundle of documents which confirms the claim was settled in full on 12/09/08.

 

However the recording of statements of payment only go up to 01/09/09. Shadow, its so complicated. However, right they have not complied to my letter. Are you sure I don't have to note my previous address down???

 

Positive, you only have to provide the request in writing under the Data protection act in your name. You are asking for all information they hold on you, not all information held on you at a certain address.

 

This link explains it.....

How to access information - Information Commissioner's Office (ICO)

 

S.

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Shadow I have written this letter, could you please have a look and make any corrections. I am about to tackle the set aside now.

 

Thank you very much for your letter dated 09/10/2009. However, you have not supplied all the personal information that I requested in my last letter dated 28th August 2009. I have enclosed a copy of the letter which details the information I requested.

I expect to have a response within 14 days. Should I not receive all the information I have requested, I will have to make a complaint to the Information Commissioners Office.

It is your duty to comply with my request under the Law.

 

Yours sincerely

 

Personally I dont think its strong enough....

 

They know their duties.

 

 

Dear Sirs,

 

I have received your SAR response and letter dated 09/10/2009 however I find you in default of your legally required response to supply me with all personal information you hold on myself. I have enclosed a copy of the letter which details the information I requested. I now demand that you fully comply with this request and supply ALL information you hold on me from inception of this account up to now and require this in 14 days, for the avoidance of doubt I require the information before xx/xx/xxxx.

 

Should I not receive all the information I have requested, I will either proceed with a county court claim to force you to disclose and seek costs from you or make a complaint to the Information Commissioners Office.

 

Yours sincerely

 

is how I would word it....

 

S.

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Hi Shadow and anyone else who can help please. Could you look at this setaside for me please, much appreciated.

 

The formatting has made this very hard to read, could you possibly repost and I'll give an opinion.

 

Cheers

 

S.

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