CCJ Help

[Marse]

Hi all

 

After extensive reading around my problem and taking copious notes from the various contributions proffered by our "Caggers" I think I know what I am to do - the set aside.

 

Concerns:

1: the Judgment happened in 1993 (I did not find out the implications until the SAR during August 2009. Since then I have been in dialogue with my opponent's solicitor: I have been in and out of hospital on two occasions. Do I have an issue with time? I feel that I am attempting to act in a timely fashion

2: My grounds. (a) the oc ignored a plethora of information from the CAB and my letters informing them that I had relocated. (b) all notifications and letters were sent to my ex-Wife's address in the midlands and completely ignored my address in London.

 

3: because of (2) I did not receive any default notification at my address, but in the SAR there were copies of the DN's with my ex-wife's address appended. I was left ignorant that a pending Court hearing was pending.

 

4: the claim that the oc lodged in the County Court had been inflated by £137.20

 

5: On opening the SAR, I found that the OC had not credited the Judgment account with any money the court had ordered: the OC had credited another (nefarious) account.

 

6: The outstanding balance on the Judgment account had lain dormant since 1995, and in 2009 the dca sent this balance to another dca to collect.

 

7: the dca did not provide me with a Notice of Assignment for the necessary authority to pursue the debt.

 

8: By definition, of course, no letter before action.

 

You will ask, If I had been paying the Judgement account for 16 years, that acount would be cleared. It wasnt!

 

I intend to take the dca back to court after the set aside to pursue the money I have paid - so the advice that I need concerns poits 1 through 7 for the set aside of Judgment

 

Ladies & Gentlemen, have I the grounds to successfully negotiate a set aside, I will you help me to formulate my attack on this heathen of a dca?

 

As always, regards,

 

Marse

Edited February 11, 2010 by Marse

[Marse]

Hi all

 

Could someone please look at my post 76? Otherwise, I am going into this matter somewhat blind.

 

 

Marse

[diddydicky]

getting a ccj set aside after 16 years is going to be a "herculean" task (IMO) i suggest you pm some of the site team if youre stuck

[Marse]

Hi Diddydicky

 

How do I accomplish that?Are they not too bust?

 

Marse

[diddydicky]

well i am no expert i/m afraid but i do know that set aside applications after months. let alone years are very difficult.

 

you are going to need (IMO) an astoundingly good reason to have it set aside after 16 years.

 

as i said you might need to pm some of the site team

 

find their names on a post and click on it and it will take you to their personal page and their pm facility

[Marse]

Thanks, diddydicky

 

 

Marse

[Marse]

Hi all,

 

If the OC obtains a default Judgement in 1993 and the defendant, in obtaining a SAR in 2009, finds that the OC is at fault - why cannot the defendant apply for a set aside?

 

1: OC sends all letters and notifications to the wrong address,

2: Defendant had provided OC with the new address,

3: The CAB had informed OC of the changed address

4: OC claimed an inflated amount

 

Because of the above:

 

5: Defendant does not receive any default notices,

6: Because of (5)Defendant was not given any chance to remedy breach

7: Defendant did not receive any letter before action

 

In 2009, dca pursues debtor through a 3rd party dca, and has not provided debtor with a notice of assignment.

 

Surely, if I cannot take action, the dca receives all benefits???

 

 

Regards

 

Marse

[diddydicky]

Hi all,

 

If the OC obtains a default Judgement in 1993 and the defendant, in obtaining a SAR in 2009, finds that the OC is at fault - why cannot the defendant apply for a set aside?

 

1: OC sends all letters and notifications to the wrong address,

2: Defendant had provided OC with the new address,

3: The CAB had informed OC of the changed address

4: OC claimed an inflated amount

 

Because of the above:

 

5: Defendant does not receive any default notices,

6: Because of (5)Defendant was not given any chance to remedy breach

7: Defendant did not receive any letter before action

 

In 2009, dca pursues debtor through a 3rd party dca, and has not provided debtor with a notice of assignment.

 

Surely, if I cannot take action, the dca receives all benefits???

 

 

Regards

 

Marse

 

is it more than 6 years since you made any payment?

[Marse]

Hi diddydicky

 

 

Yes!

 

 

Marse

[diddydicky]

Hi diddydicky

 

 

Yes!

 

 

Marse

 

ahh well that puts a totally different perspective on things- as it stands they cannot enforce the CCJ after 6 years of inactivity without applying to the court (and they MUST produce the original CCJ to the court AND they court does not normally alllow the creditor to do so without VEEEERY good reason

[Marse]

diddydicky,

 

This is very difficult.

 

The issue is about 3 Judgments.

 

1 is genuine

 

2 have been created

 

In 1993 the OC obtained a CCJ that I have been paying ror 16 years. The OC led me to believe I owed more on the genuine CCJ. I did not find out how much I owed on the ccj until 2008.

 

Unbeknown to me, the OC used my money that I thought was being credited to the genuine CCJ and credited this to another account that I knew nothing about.

 

If I relate this in large amounts people lose track of events as this covers 16 Years.

 

I really need someone to get hold of this for me and help me - I think the matter is too complex.

 

Thanks any way,

 

Marse

 

I treied to contact the Site Members - to no avail.

Edited February 14, 2010 by Marse

[Marse]

Hi all,

 

If I inform the dca that they failed to send me a Notice of assignment, what is stopping them from sending an update?

 

 

 

Marse

[Marse]

Hi all

 

I am so sorry to have dsturbed you all, it appears that any help is not forthcoming and I would wish you all, goodbye.

 

 

 

Marse

 

http://i927.photobucket.com/albums/ad114/Marse1863/10-02-2010220243.jpg

Edited February 16, 2010 by Marse

[vjohn82]

Marse,

 

You need to try to get all of the information to hand before we can help.

 

I have read through your thread 4 times in total trying to digest everything and I'll be honest... I can't see what you are trying to achieve here.

 

I'm lost as to whether you are trying to set aside CCJ's, trying to take a creditor to court, trying to resolve payment issues, trying to get a refund etc.

 

You have simply made the case impossible for someone to investigate properly.

 

I would advise seeking the services of a solicitor to help you through the process of doing this as I fear that without the necessary paperwork being posted we are blind as to what help we can give.

 

Normally when people write what you have in #88 I refuse to assist any longer because it's MY free time I spend here trying to help people. But people also need to help themselves.

 

I can't see how these CCJ's now affect you in your life... you might have a grudge against a certain company; join the club. You might have some health difficulties; join the club.

 

See what I am getting at?

 

Do yourself a favour... go and buy a scanner... they're no more than a tenner. Learn how to use it. Post your results. Best investment you will ever make for this case.

 

Regards,

 

VJ

[diddydicky]

just to add to what Vjohn says,

 

you will find people on here get a bit "twitchy" when posters do not provide documents in relation to their queeries for others to look at and advise on

 

the reason is the number of times that the "opposition" or just plain time wasters come on here to try and wind us up.

 

A scanner costs around 5-10 quid on e bay it is a VITAL tool if you want to get advice on here since in 99% of cases we will need to see the documents you refer to

 

hope that helps you understand why Vjohn has responded as he has

[dx100uk]

i certainly don't doubt marse!

 

dx

[diddydicky]

neither do i- just explaining why his response rate has been so poor

[Marse]

Hi all,

 

I have got the scanner and I have uploaded some copies: I am in the process of understanding photobucket.

 

I think, to a point, vj is absolutely correct in that:

 

1: I do not know how to proceed against the dca's solicitor,

 

2: I do not know the optimum or feasilble strategy to use

 

3: I do not know whether to go for a set aside, first, and then go for the money they owe.

 

I would never hide behind my heart problems, and I wanted to show politeness in wishing people well in finishing. The obvious problem with this medium of exchange, is that we cannot see the other's non verbal cues - and that will always be the problem - especially with new people such as me.

 

 

Regards,

 

Marse

Edited February 16, 2010 by Marse

[Marse]

Hi al

 

Please bear with me, I am climbing the learning curve of photobucket, if you click the hyperlink there are two documents:

 

1: The original Agreement

 

2: The relevant default notice

 

Agreement:

 

I was not present when the salesman completed the agreement. In fact, the first time that I have seen this document was on opening then SAR.

 

I had been living at the address for 5 years - not as stated 12 years

 

I was divorced - not as stated, married

 

I was a council tenant - not as stated, homeowner

 

I had been teaching for a few months - not as stated, 20 years

 

The deposit/allowance is £3495.00 - I did not have 3000 pennies.

 

Is the agreement valid?

 

Default Notice

 

1: The OC led me to believe that I owed a lot more that what appears on the DN

 

2: The DN was sent to my ex-Wife's address in the Midlands, not to my address in London.

 

Is the DN valid?

 

1: Pictures by Marse1863 - Photobucket

 

Marse

Edited February 16, 2010 by Marse

[diddydicky]

Thanks

 

1/ You signed the agreement presumably after it had been filled in.

 

2/ the agreement looks ok

 

3/ the default notice rather generously gave you three months to comply

 

it should have been sent to the address on the agreement (unless you notified them of a change of address) thus if you put your wife's midlands address on the agreement then they were correct to send the DN there

 

4/ You say that there have been no payments and no collection activity on the ccj for over 6 years

 

 

it is the sheer length of time involved - over 18 years, to question these things

 

i really do not think that you will get the ccj set aside after all these years,

[vjohn82]

The finance calculation looks iffy to me...

 

 

But that said, overturning an 18 year old CCJ is tantamount to insanity. I got butchered over trying to overturn a 2 year old one (I did it but only by the skin of my teeth)

[vjohn82]

If you were paying £137.20 for this agreement then it looks like they messed up their figures and saved you £70 a month.

 

That's how I read it anyway.

[Marse]

Hi diddydickey

 

I signed an agreement that was hand written. The salesman asked me to sign an agreement that required typing. He told me that it would be typed and that he would post it to me

 

The deposit was in the form of part exchanged car. The deal was exchange a car in any condition and receive £1000. I did not have a vehicle to exchange. The salesman said that he could find one in the yard.

 

This is the point when the CAB told me of the fraud. The car that I "allegedly" exchange was a d-reg Montego - the car that I was buying was a F-reg Nissan. Why would I purchase a F-reg when I had a d-Reg?

 

The Default Notice:

 

To remedy the breach I had until 4th November - the date of the letter was 21st October - not three months.

 

When I purchased the car I was residing at the matrimonial home in the Midlands (1989). In 1991 I relocated to London. The CAB informed the OC on a number of occasions that I did not reside at the matrimonial home. I also provided them with my address and a telephone contact number. (I do have the copies of all the relevant letters.)

 

The OC sent all letters to the incorrect address, despite the fact that they had been informed otherwise.

 

I did not find out these facts until 2009 when I received the SAR.

 

 

Regards

 

 

Marse

Edited February 16, 2010 by Marse

[Marse]

Hi vj

 

The salesman asked me how much I could afford to pay per month, to which I replied, no more that £140 per month.

 

THe CAB cried fraud when then saw the financia details. In the SAR there is a note that I part exchanged a relatively new car which was a mere two years older that the car I eventually purchased.

 

The dealer which sold the car went out of business about 4 months after purchase, and these people are in the CAB's database.

 

 

Regards

 

Marse

[Marse]

Vj

 

With respect, isn't the calculation £4443.00 over 48 months at an APR of 22.9%? Have you not calculated £6585.60 over the same variables?

 

 

Marse