CCJ registered in Sept - Nothing Known

[Noshovel]

My daughter recently checked her credit file on CheckMyFile.com she has discovered that a CCJ was registered against her on 1st September 2010 it seems to have been Link a company that she has never dealt with it is describes as Active, Not disputed and the Court was Northampton CCBC

 

There is a court reference number so we can write to the court to ask for details but what can she do?

[spamheed]

If the CCJ has been obtained without your daughter being made aware of the proceedings, then she can have it set aside, and then be allowed to defend the claim if it is repleaded.

 

If there is no CCJ and it is an error on the part of the Credit Reference agency, then she can seek recompense from them.

 

In the first instance find out the details of the CCJ, how much, who obtained it etc, then seek to have it set aside

[Noshovel]

Thank you, that's so very helpful we plan to write to the court today.

[debbbbsy]

As you have the claim number & date, you can phone Northampton (CCBC). 0845 4085302.

 

I have always found the staff very helpfull. They will be able to confirm the address on the claim.(and send a copy of the POC) If it isn't her address,and she never recieved the claim form, they will be able to direct to you to the website, were you can print off the N244 (Application to have the CCJ set a side). The sooner she does this the better, any delay will have a detrimental effect on the application being successfull.

She'll have to pay a fee of £75. But she can reclaim this back off Link.

 

Link are a Debt Collection Agency.

They tend to deal mainly with storecard debts. There Address is,

Link Financial Outsourcing Ltd.

PO Box 30095

London

SE1 7WU.

 

The phone number is 0844 7360022. But I would recommend doing everything in writing, send all letters recorded.

 

Debs

[coledog]

When you get the POC - let us have the details (with personal info and references removed) and we can advise on the Set Aside application

[jasperpad]

Just to let you know

 

Link is now quite involved with the Student Loan Company and are trying to collect a now statute barred account from me!

 

jasperpad

 

 

As you have the claim number & date, you can phone Northampton (CCBC). 0845 4085302.

 

I have always found the staff very helpfull. They will be able to confirm the address on the claim.(and send a copy of the POC) If it isn't her address,and she never recieved the claim form, they will be able to direct to you to the website, were you can print off the N244 (Application to have the CCJ set a side). The sooner she does this the better, any delay will have a detrimental effect on the application being successfull.

She'll have to pay a fee of £75. But she can reclaim this back off Link.

 

Link are a Debt Collection Agency.

They tend to deal mainly with storecard debts. There Address is,

Link Financial Outsourcing Ltd.

PO Box 30095

London

SE1 7WU.

 

The phone number is 0844 7360022. But I would recommend doing everything in writing, send all letters recorded.

 

Debs

[Noshovel]

Thanks everyone for your helpful suggestions, we have recived a reply from the court it seems as is if they did not actually read our letter because it says

 

"Once the balance has been cleared with the claimant you should forward confirmation received together with £15 cheque payalbe to HMCS" "The public record will then be amended to show the judgement as satisifed....."

 

I want to get the judgement set asside as my daughter who has a mild learning dificulty has had no opportunity to contest their claim and cannot recongnise the debt.

 

The court did supply us with the POC however so I can set about filling in the N244 I've been ill and not been able to do anything for a few weeks and I'm concerned that I may have disadvantaged my daughter.

 

Any way the POC reads

 

"The Claimant claims the whole of the outsanding balance due and payable under an agreement and/or associated agreements made with the Defendant in writing and dated 19/02/1998 and assigned to the Claimant. The agreement and/or associated agreements are regulated by the Consumer Credit Act 1974. The Defendant has failed to make payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served by the Claimant and/or Assignor.

 

and the Claimant claims:-

1. £2,534.47

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8.000% per annum from 12/11/07 to 29/07/10 of £549.95 and thereafter at a daily rate of 0.560 to date of judgement or sooner payment." dated 01/08/10

 

Any observations, comments or advice would be welcom especially with regard to the completion of form N244

 

Regards to all

 

NS

[coledog]

For a Set Aside you have to give a reason why you (or daughter) did not respond to the claim and also that you have a defence against it. I am sure people here will advise but also have a look at National Debtline and possibly ring them for advice, it is a tricky one and you need it to get it right.

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

[Noshovel]

I seem to be ready to send off the N244 form plan to complete as follows

 

 

Section 3

I wish to apply for an order that the default judgmententered against (xxxxx xxxxxxx) to be set aside. (xxxxx) suffers from a mild learningdifficulty and does not read or write very well she is supported in independentliving by the LDT at xx County Council. Theclaim form did not come to (xxxxx’x) attention because it must have been sentto her old address as it was about two years after she moved the mail was notforwarded to her. Neither (xxxxx) norany of her carers or support workers is aware of any debt to LinkFinancial. Link Financial have not beenput to strict proof regarding the claim. I believe that (xxxxx) has a complete defence to the claimant’s case.

 

 

Section 10

The claim did not come to (xxxxx’x) attention until herGrandmother suggested that she check her credit file to make she that she wasno longer associated with her ex-partner. The credit check revealed that there was this CCJ registered againsther. (xxxxx) has had no opportunity tomake a defence against the claimant.

 

On discovering that a judgment had been entered against her(xxxxx) sought help from family and support worker and advice from NationalDebtline as soon as she could, and she was advised to make this application.

 

 

We now speculate that Link Financial may have bought an old overdraft debt which included a mound of bank charges which were disputed at the time with the original creditor Citizens' Advice asked them to write them off due to the circumstances. Should I mention this now as its only speculation until investigated?

Edited April 17, 2011 by Noshovel
Personal details removed

[Noshovel]

Bump - Anyone?

[coledog]

Was the address on the POC incorrect? If so state that this was sent to an old address not 'must have been' Also add that 'you have now obtained the POC from the court and that these are vague and no supporting documentation has been attached'.

[Noshovel]

Thank you - I'll include those phrases

 

NS

[coledog]

You can also add that the 'POC is poorly particularised' instead of 'vague'

[Noshovel]

We have progress the court has sent a letter saying that the case has been referred for a hearing at our local court. I'm concerned that I'm totally out of my depth here.

 

We had a reply to a CCA request from Link this reveals that we are dealing with an Abbey Santander overdraft they sent an application for an account no overdraft references or copy bank statements. At the same time we sent CCA request to Santander but no response at all.

 

My daughter did have overdraft but there were loads of charges fees etc I understand that a few years ago Citizens Advice wrote on her behalf requesting that in the circumstances they write off the debt. We heard nothing so assumed things were ok then discovered the CCJ

 

What we would like as an outcome would be for the court to set aside the CCJ which would allow me to make a full and final settlement offer to Link