phoenix/Carter Cat debt CCJ - was away working - Set Aside? since paid off to freds.

[RobMitch]

Hi everyone.

 

Just got a credit report and descovered a CCJ I knew nothing about. Fredricksons had passed a partial balance of a debt it thru Northampton but I never received the papaerwork so a default judgement made despite us being up to date with the agreed payments.

 

We'd continued to make the standard paymenets and these were used to satisfy the judgement which shows as satisfied on the report even after it was passed to Bryan Clarke.

 

But there is of course a CJ on the account, so can a satisfied judgement still be applied to be set aside?

 

Thankyou for considering this question.

[RobMitch]

Hi

 

I am attempting to get a set aside of a default CCJ on a debt.

 

My friend on recently learned of this CCJ when she obtained a copy her credit file and found that Brian Carter acting for Phoenix recoveries had pushed through a debt. She was working away and never received the claim form. She never receibed a default notice or ant demands from PR or BC as required by pre-action protocols.

 

A few months after judgemetn she was approached by Fredricksons who never told her the debt was a CCJ, just a standard debt collection thing. She entered into an agreement and the debt was satisfied a few months later.

 

Using the valid reasons for set aside here http://www.insolvencyhelpline.co.uk/ccj-removal/valid-reasons.php I have drafted the following application on her behalf.

 

If anyone has experience fo set aside, and N244 please could they advise me.

 

NB she does not want the monies paid back as she acknowledeges the debt was hers, but she never had a chance to enter an agreement or proove their right to claim the money.

 

 

DRAFT___________________________________________________________________

 

Part A

I bibblybobbly intend to apply for an order (a draft of which is attached) that the Default Judgement entered against me be set aside.

 

Because

The claim form did not come to my attention because I was working away and I believe that I have a complete defence to the claimant’s case.

 

Part C

I wish to rely on the following evidence in support of this application:

 

Prior to this judgement I have never received any letters or telephone communication from any company calling themselves Phoenix Recoveries and/or Brian Carter Solicitors (the Claimants in this case).

 

I have never been in receipt of a Default Notice for the sum demanded by the judgement.

 

I can provide for the court evidence that I did not receive the claim form as I was working and living away in hotels at the time the claim was issued. I had not alerted any creditors to this change of address as I had not received any communications from any regarding this claim.

 

Neither did I receive any official notification of default judgement against me.

 

Neither did I receive any written requests for payment prior to the claim as recommended in the Civil Procedure Rules Pre-action Protocols.

 

Subsequent to the judgement I was contacted by Fredrickson’s debt collection services and a payment plan leading to this debt’s satisfaction was entered into and completed on xx/xx/xx. At no time did Fredrickson’s declare that the outstanding debt was for a County Court Judgement.

 

Had I received written communication with any collections agency I would have entered into a payment plan agreement with them and this claim would have been settled out of court.

 

I declare to the court that I do not seek to reclaim monies paid in respect of the satisfied judgement but request the set aside of the judgement.

 

I believe that I have a full defence to the claimant’s case in that I have not been given the opportunity by to put the clainmant to strict proof of their ownership of the debt, their right to claim and proof of their submission of a correctly executed Default Notice or the chance to view any innappropriate charges added to the account.

 

On discovering in October 2010 that judgement had been entered I sought advice from the National Debtline and the Consumer Action Group and Citizen’s advice as soon as I could, and was advised to make this application.

 

________________________________________

 

Thank you in advance

[MARTIN3030]

How long are we talking since Judgement ?

[MARTIN3030]

"Subsequent to the judgement I was contacted by Fredrickson’s debt collection services and a payment plan leading to this debt’s satisfaction was entered into and completed on xx/xx/xx."

 

"I have not been given the opportunity by to put the clainmant to strict proof of their ownership of the debt, their right to claim"

 

These seem to be conflicting since it WAS paid to them ?

[RobMitch]

Hi Martin appreciate you helping me out.

 

The judgement was August 2008 and was paid up to satisfaction in Feb 2009.

 

The claimant was BC acting on behalf of Phoenix recoveries according to the court papers.

Fredricksons only contacted her after the judgement regarding a "catalogue debt" not a CCJ. She was frightened and agreed a payment plan. At no time did she realise it was for a judgement.

 

The issue is that had she been contacted by Phoenix earlier, and knew about the default she would have entered an agreement (as she did with Fredricksons) and a claim would have been unnecesary, so no CCJ. She only thought she owed a catalogue some money.

Because of this she wants a set aside (but not to dispute the monies paid) to remove the CCJ from her credit file as she never had an opportunity to enter an agreement with PR before they slipped it through Northampton.