DCA CCJ - old Lloyds Credit Card - CCJ Set Aside

[havinastella]

Hi Dude,

 

For CCJ's, check here

 

http://www.trustonline.org.uk/

 

Just because you buried your head in the sand for one CCJ, if you really knew nothing about the Littlewoods one, You are well within your rights to get this set aside!

 

Looks like Arrow Global, so Mr Carter would probably have sent Court papers to old address! The only problem is now they are going for AOE, you must have ignored the CCJ for some time!

 

Jogs

[TheDude1]

Hello mate, thanks for the post!

 

Followed your advice and paid £10 to TrustOnline and it is revealed that I do actually have 2 CCJ's.

 

No, I didn't ignore it too long.... The CCJ was filed 16th September 2011... I had the "Notice of Application for Attachment of Earnings Order" served to me on the 27th September 2011... Which 11 days after the CCJ being filed?

 

This doesn't sound right, I mean they didn't give me much time to sort it out!!!

[Ell-enn]

You have 28 days from date of judgement to pay the amount in full before the CCJ is recorded against you. Phone the court and ask why the AOE was alloweed before the 28 days were up.

[TheDude1]

Hi Ell-enn, thanks for the post,

 

Do I ring Northampton or my local county court?

Thanks alot

 

Or maybe best in writing??

[Ell-enn]

You haven't got time to write and wait for a reply. Which court issued the AOE ?

[TheDude1]

My local County Court, cheers Ell-enn

[Ell-enn]

Would you be able to go into the court office and ask for a copy of the original CCJ so you (and they) can see what date judgement was given?

[TheDude1]

Actually, now could be a good time for a letter Ell-enn.... The thing is, I've recently received a "General Form of Judgement or Order" (N24-1)

 

Stating:

Before District Judge ***** ***** sitting at ******** County Court Civil Justice Centre

UPON reading the application without attendance

 

It is ordered that the Attachment of Earnings Application be heard on ** February 2012 at ******** County Court.

 

How/Why I am at this position:

Northampton sent Attachment of Earnings CAPS to my employer stating that I am in arrears with Judgement/Order. I rang my local court (nice guy on other end, very helpful) and he stated that the Claimant never recieved the Direct Debit Form - This is not true, I did actually send the form and have postal proof of it... So he told me put this in writing (that I object to the order - his words!) and send to the local court fao the guy I spoke to... I then received the form above (N24-1).

 

Just thought I'd lay it all on the table, cheers

[Ell-enn]

Would you be able to go into the court office and ask for a copy of the original CCJ so you (and they) can see what date judgement was given?

 

Are you able to do this ?

[TheDude1]

Are you able to do this ?

 

Yes, I can do this - But what do you have in mind, cheers

[Ell-enn]

Well if you can prove that the Claimant applied for an AOE before the 28 days were up, then the court will have to explain why that was allowed

[havinastella]

you also need to establish if the Original Court papers were sent to yourself or an old address!

 

If you ignored these ones as well, it may prove difficult to get it set aside!

[TheDude1]

Well if you can prove that the Claimant applied for an AOE before the 28 days were up, then the court will have to explain why that was allowed

 

I see, thanks Ell-enn, but I can already prove this by the dates? What benefit would there be going to the County Court rather than a Letter? ... Would I only get the same explanation??

 

Errors don't seem to be bothering the County Court -- As I've experienced with the County Court breaching the DPA!!!

 

Hello havinastella, I will get a copy of it, not sure yet though which way (in person/letter)... Cheers pal

[TheDude1]

 

Looks like Arrow Global, so Mr Carter would probably have sent Court papers to old address! The only problem is now they are going for AOE, you must have ignored the CCJ for some time!

 

Jogs

 

Hi mate - It's not Arrow Global who have taken me to court! They have filed a CCJ (2010) but nothing from them, yet...

Sorry for the confusion

Edited January 13, 2012 by TheDude1
added 2010

[Ell-enn]

I see, thanks Ell-enn, but I can already prove this by the dates? What benefit would there be going to the County Court rather than a Letter? ... Would I only get the same explanation??

 

Errors don't seem to be bothering the County Court -- As I've experienced with the County Court breaching the DPA!!!

 

Hello havinastella, I will get a copy of it, not sure yet though which way (in person/letter)... Cheers pal

 

 

 

If you are actually in the court office and they can see the dates you have a better chance of getting something done about it. Up to you - we can only give our opinion.

[TheDude1]

If you are actually in the court office and they can see the dates you have a better chance of getting something done about it. Up to you - we can only give our opinion.

 

Hi Ell-enn - I see what you mean and yes I agree it would be best, however should I decide to send a letter (I would prefer as I work quite a bit and rarely go into the city!) how do I word the letter?

 

Should I request an explanation on why I wasn't allowed the 28 days or just request a copy of the CCJ?

Thank you, I appreciate your time and help

[Ell-enn]

You need to get a copy of the CCJ first to see what date it was granted. Ring the court and ask them if they can send you a copy of the Judgement Order as you didn't receive it in the post.

[TheDude1]

Many thanks Ell-enn, will do Monday morning !!

Cheers, have a good weekend

[TheDude1]

You need to get a copy of the CCJ first to see what date it was granted. Ring the court and ask them if they can send you a copy of the Judgement Order as you didn't receive it in the post.

 

Hi Ell-enn, did what you said and I have the Copy in front of me! (N30)

 

I can confirm the same date (16th).

 

Cheers

[Ell-enn]

OK, just to confirm - what date was the CCj granted and what date is on the AOE

[TheDude1]

OK, just to confirm - what date was the CCj granted and what date is on the AOE

 

Thanks Ell-enn!

 

CCJ granted on 16th Sep 2011, AOE dated 27th Sep 2011.

[Ell-enn]

On the Judgement Order does it say forthwith payment and a date by which you need to pay ?

[TheDude1]

On the Judgement Order does it say forthwith payment and a date by which you need to pay ?

 

It says: "You must pay the claimant the total of £2,***,** forthwith"

 

No mention of dates until it states in bold "If you pay in full within one month, you can ask the court to cancel the entry on the Register. You will need to give the court proof of payment. If you also want a Certificate of Cancellation from the court, there is a fee for this. If you pay the debt in full after one month, you can ask the court to mark the entry as satisfied and, for a fee, obtain a Certificate of Satisfaction to prove the debt has been paid".

 

Thanks

[Ell-enn]

OK, I believe if it states "forthwith" it means you need to pay immediately - looks like they waited just over a week before applying for the AOE, so I think they were able to do that due to the forthwith judgement.

[TheDude1]

But surely Everyone would be entitled to the Full 28 Days to settle the debt before CCJ is registered, not 11 days.

 

Thanks