Urgent help

[Fantaztic]

This is going to be a long post. Received default CCJ judgement against me in 2008 when following a relationship breakdown in 2006 and was sleeping on numerous friends sofas so never knew of the court case. Found out about this a few months ago and started the procedure to get the CCJ set aside, during the first hearing RW solicitor turned up with no paperwork even after on the application I asked for a copy of the original agreement and they asked for and were granted an adjournment. They have since provided an unsigned copy of the original agreement and copies of other paperwork under a week before the next hearing but no proof of money owed which I am certain was paid off around 2002/3 (finding if hard to find the bank statement as its 10 years ago). The CCJ claimant name is 'ex HBOS' not RW and my name is spelt wrong on everything. Really need some help as the hearing is only next week

[renegadeimp]

Well, for a start, the judgement should have been set aside anyway, as the instructions went to the wrong address and you had no knowledge of them. IT sounds like whatever company started the claim, filed the documents on to an old address hoping ( and getting) judgement by default.

[unclebulgaria67]

Urgent part 18 request for proof of the money being owed ?

 

At least you had the chance to have the CCJ set aside 4 years after it was granted. Your case would need to be related to whether you owe the money or not in my opinion. Not sure a judge 4 years later, would be interested about where the claim form was sent.

[renegadeimp]

If the claim form wasnt sent out correctly and to an address that the OP has no knowledge of or hasnt lived there for a long time, then it should be easy to get it set aside. If the court isnt interested in the fact the original claim wasnt filed or sent properly, then its a sham of a court.

[unclebulgaria67]

If the claim form wasnt sent out correctly and to an address that the OP has no knowledge of or hasnt lived there for a long time, then it should be easy to get it set aside. If the court isnt interested in the fact the original claim wasnt filed or sent properly, then its a sham of a court.

 

I have read of a number of cases, where a judge had decided that a set aside years after the event, was not going to be allowed just because the claim form was not received at the time. They pretty much just concentrated on whether the debt was owed or not and was there proof of this.

[renegadeimp]

Yet they still allow the creditor to chase it up even though no enforcement action was taken during those years.