CCJ Issued - Now what?

[sunshine70]

Hi all,

 

I've read round and round now in circles on CAG but still not sure what to do.

 

Confession first: About 15-18 years ago my early jobs included working for a number of bailiff companies (in the office). Yes I was hard on people, it was difficult work collecting Community Charge then Council Tax and Parking Fines. But I'm over it now, I got out of the business because I didn't like the way I felt when I got home at then end of the day.

 

Now I respectfully ask for some help on a current problem. In January 2009 Cabot managed to get a CCJ against me for £4500 issued on a Barclaycard debt from 2003. This was after they had to drop another for MBNA from a few years earlier. This is the last debt accrued whilst married, my wife managed to get 2 secured loans by forging my signature, no idea where the money went, ex is a compulsive liar.

 

In the summer of 2008 I managed to get the original CCJ for £11k (MBNA and Barclaycard combined) set aside. They claimed to have sent the summons etc to my previous address in 2007, however by then the flat I had lived in had been demolished and was just a pile of rubble. After much toing and froing from Hodsons on behalf of Cabot a CCJ was granted even though they never managed to produce a CCA.

 

I have ignored Cabot since the CCJ, however now Fire acting on their behalf have been calling me at work (mostly silent calls), 27 calls in the last 20 days, although I have not actually spoken to anyone during any calls.

 

So what to do next?

 

I have logged a complaint about the calls with Ofcom.

 

I have been living in a rented 1 bed flat for the last 3 years and am just scraping by after I pay rent, bills and maintenance to my ex-wife. (Just had her and my son and stepson staying with me because she did not pay the rent on her place.)

 

Should I try to again get the CCJ set aside? Offer a full and final settlement? (I could borrow some money from family to make a settlement.)

 

Any help or suggestions would be much appreciated.

[Deb T]

Welcome to Cag...

 

You're not very clear....

 

How did you get two Original Creditors as in BarclayCard and Mbna in the same judgement/court action?

 

You then say it was set aside but then Cabot got the CCJ?

 

Having the same judgement set aside twice? That would take some doing and the grounds for doing so would need to be pretty tight.

 

Also, if you're in a one bed rented flat with large outgoings / maintenance etc and have no realisable assets that Cabot could try and grab then what would you achieve by having it set aside and offer them an FFS for a debt that you say they were unable to produce an enforceable CCA or even an CCA for that matter. STOP right there, it is not something that you want to be doing if they can't prove the debt.

 

As stated up a little, you're a little unclear, perhaps you could clarify a little?

[foolishgirl]

As Deb says, little more info. please sunshine.

 

BTW, the F&F is out of the window if you have a CCJ on these debts. The court order for payment to the claimant MUST be followed so unless you apply to the court for a variation, an F&F wouldn't stand anyway.

[sunshine70]

Thanks Deb for the quick reply.

 

So to clarify both debts (Barclaycard and MBNA) were assigned to/bought by Cabot at some stage. When they managed to get the CCJ issued, without my knowledge they had lumped them together. I'm guessing that there was a lack of evidence at the time but as I never saw anything I have no idea.

 

The MBNA debt is now gone, statute-barred and will hopefully never see the light of day again.

 

My reasoning for wanting get this cleared is because I think I would like to move soon so that my son can live with me. (In case the ex-wife does not pay her rent again.) Would like to finally clear up my credit file as I am now keeping it tidy just don't want this blot on the landscape.

[cerberusalert]

Moved to Legal Forum

[foolishgirl]

I am still confused sunshine. If the MBNA & the BC were lumped together as you say, on one POC, they were presumably the subject of one judgment so how can the MBNA one now be statute barred? They must both come under the CCJ.

 

BTW a CCJ will stay on your credit file for 6 years.

[diddydicky]

even with a ccj there is nothing stopping you negotiating a F & F with the plaintiff so long as he agrees to the court being advised that the CCj has been settled.

 

if you have nowt- then you are a "woman of straw" and in a very good position to negotiate

 

you are in an even better position to tell the plaintiff to go take a hike!