Ccj

[sick of thames credit]

Hi Foxy, I'm going to same thing at the moment with a DCA who used the incorrect address trick to obtain a judgement by default despite knowing my real address.

 

Things I learnt and you need to start off with.

 

1) act quickly, depending on the judge you get, how long to took to apply for the set aside from first knowing about the CCJ can be a factor to not grant the set aside.

 

2) you can apply for set aside on mandatory grounds if the claim was issued at the wrong address, however there is a caveat here, a claimant can use a "LAST KNOWN ADDRESS". So it's not just a case of showing that it was the wrong address, you need to show the claimant was fully aware of your correct address

 

3) failing 2) you can still set aside on not knowing about the proceedings due to wrong address (wether claimant was/wasn't aware) AND you have a realistic prospect of winning.

 

I'd concentrate on trying have the set aside on 2) but also be prepared that should you fail 2) you have enough grounds to argue 3)

 

Although I'd clarify this with the experienced legal seagulls around here.

 

Re 3) you are going to need to post up some details aboout the allledged debt so experts here can work on this part of the defence if you need to use it.

 

Good Luck, as I say I'm going through the same thing at the moment

[sick of thames credit]

Forgot to add - I received a letter from a company called 'Moneysense' - it said - we're sorry to hear about your recent CCJ - it had the amount and all the other intricate details etc - saying we can help you sort it out and will pay £40 court costs blah blah blah. How have they sent this to my correct address ? if this CCJ has been obtained at my old address - is this anything to do indirectly with BC? Just thought it was strange

 

LOL, SNAP!

 

Recieved the same thing aswell, it's what alerted me to my CCJ. Funnily enough I got another one today (yes sunday).

 

Was it in a hand written envelope ?

[sick of thames credit]

Hi foxy,

 

First thing, regarding the incorrect address, do you have any proof they knew your correct address ? i.e. either a letter from them or the OC creditor at your correct address or a subsequent address to which they claimed at? if not from what I understand they can use the last known address to effect service.

 

However that doesnt mean all is not lost, you can still set aside arguing that you were unaware of proceedings and if you were, you would of had a good chance of defending.

 

The difference is that with the former you can have the case set aside on mandatory grounds, the latter you will have to show the court you have a realistic defence aswell.

 

regarding the OC, this should should be shown on your case file from the court in the Particulars of claim as the POC's have to show the origin of the debt.

 

Assuming its Northampton, ring them up and they will send the paperwork in the post quite swifity if the case is still with them.

 

The other thing with these incorrect address cases, is that as discussed above they suddenly discover your new address and start enforcement action immediatly, Usually an AoE. They use Linkedin and facebook to discover your employers.

 

so there is a good chance when you ring up Northampton that the case has been already sent to your local court, if it has, pop down there and they will be able to give you paperwork there and then.

 

in all correspondence with the court either in person or on the phone you will need to quote to your claim number, this will be on your letter from the CCJ company.

 

one final tip, be very nice and polite to the court no matter how frustrated you are and awkward they are, if you're polite and courtesious enough, you will find they are actually quite reasonable with you. e.g. my first phonecall with northampton they gave me the POC's over the phone and posted over a copy of my case file the next day despite the fact the case had already been transferred. Likewise when I went to my local court, they let me know that my claimant had taken further action against me at the wrong address and the person I was dealing with at the court realised I wouldnt know about this.

[sick of thames credit]

Hi everyone

 

I have had a good look in all my old papers and have found 3 letters from various DCAs about this debt - and they are all to my correct address!! One of them is even dated 2 days after the lady at BC said they had taken over the debt!! Should I include copies of these? - more to try and evidence that if these 3 companies had my correct address then the chances are that BC did also - or do you think it would make the judge look less favourably on my application for receiving these letters and doing nothing about it?? I am going to carry on looking and try and locate a letter from BC at my correct address as this would be ideal - but I'm just thinking ahead in case I can't find one.

 

Many thanks as always for your guidance and comments.

 

Foxy

 

Ideally it would be better to have one from BC, as I guess BC will claim that the other companies independently traced you..

 

However I suppose that if they did go down that route, you could claim that you were easily traceable something shown by the fact other companies were able to trace you. Also DCA's has a duty to correctly identify and trace people before pursuing a debt, especially if they are going to take enforcement action.

 

My Guess, from reading the thread is that BC is going for the "Service was effected" route by using your last known address, which is covered by the CPR rules and thus will argue that you can't get the set aside on Mandatory grounds.

 

If this is deliberate ploy by BC, which it seems it is, it may be the case that they have been careful not to leave a paper trail that proves they knew your correct address all along.