CCJ with Wescot SPV - ***Set a Side & Withdrawn***

[morlspin]

Hi Everyone.

 

Ive read this forum daily over the last few years and now I need your help if at all possible.

 

I applied for a job recently and was offered a position pending credit checks and crb checks, I gladly gave my information as have nothing to hide and had no issues to worry about.

 

2 days later the company rings me and says that my contract offer would have to be withdrawn as I have a CCJ worth over £10,000 with a company called Wescot SPV limited

and this was granted in July 2012.

 

This is the 1st I have heard of it.

 

I have contacted Wescot SPV and they state it is from a debt taken out with the Co-Operative Bank in 2007

and I have failed to repay and not responded to letters or calls.

 

I have NEVER taken out any form of credit/debt with the Co-Op and definitley not taken ANY loans/cards/store/finance since 2004 after paying my old debts off after the sale of my house.

 

I asked Wescot SPV to send me through the post, proof that the loan was infact mine,

any signatures,

any evidence

and as yet (3 weeks later) I haven't had a thing off them.

 

I also asked where they had sent letters to and they responded

" to your last known previous addresses"

 

Now since 2010 I have been living with my wife and kids and registered on the Electoral Roll, so any basic search would show I live here.

 

Ok ok im waffling..

...so..

 

..I have since sent to the court an application to have the CCJ set aside,

and stated that I knew nothing of the court summons as they have sent forms/letters etc to the wrong address,

and dispute the debt as I am 100% sure It is not mine.

 

I have now received a letter saying the application is now transfered to Newcastle Court and they will issue a date for a hearing.

 

What I want here, is some advice, what else do I need to do, what will help, what can I prepare for etc?

 

Many thanks

Edited November 28, 2012 by morlspin

[cerberusalert]

I've moved your thread into the legal forum where you'll get more specialist help.

[morlspin]

Thank you and sorry for the misplaced post

[AndyOrch]

Hi morllspin and welcome to CAG.

 

No preparation required if the debts not yours just set a side and request costs for the application.

 

How did you find out they had sent the set a side forms to the wrong address?

 

Regards

 

Andy

[morlspin]

Hi morllspin and welcome to CAG.

 

No preparation required if the debts not yours just set a side and request costs for the application.

 

How did you find out they had sent the set a side forms to the wrong address?

 

Regards

 

Andy

 

 

Hi Andy

 

Thanks for the welcome, much appreciated.

 

Sorry, Im not sure if ive written it wrong or you've read it wrong but the set aside was asked by me 3 weeks ago after finding out about the debt.

 

Wescot claim to have been sending letters to my old house which i owned between 2001 and 2004, and since then have been on the electoral roll at my parents betwen 2004 and 2009, then I moved in here and have been on the roll since 2010. Making me not very hard to locate.....

 

They claim to have sent me letters, defaults and a court notice for CCJ, but when ive asked at the old property, no letters were there for me, and none received at my parents address either.

[AndyOrch]

Ah ok well you have submitted and got the hearing...just attend...they probably wont...but dont forget to ask for your £80 application costs and time of work (1 day) £90.00.

 

Best of luck.

 

Andy

[dx100uk]

make sure they've not trashed you cra file too

 

dx

[cerberusalert]

If this turns out not to be your debt you are in a strong position to sue them for libel, not only because they have trashed your credit file but caused you to lose a job too.

[Ganymede]

I would also ask the Court for copies of the Claim Form etc to find out where these were sent to.

[Old Cogger]

and all the work involved in with this charge £18.00 per hour LLP fee i.e. phone calls/letters /petrol to court etc etc.

[morlspin]

:thumb:Thanks everyone so far

[morlspin]

Should i be pressing Wescot for any evidence??

[AndyOrch]

You could make a request via CPR 31.14 providing you have sight of the summons and particulars claimed.Do you have the a copy of the summons?

 

Andy

[morlspin]

Hi Andy

 

I have no documents whatsoever.

 

I got the information regarding the CCJ off the company I was hoping to work for and contacted Wescot regarding it. It was them who told me it was from a Co-Op debt in 2007. I got reference numbers and filed the Set-Aside documents and thats been dealt with saying Newcastle Court will issue a date soon.

 

I asked Wescot for all evidence, any signatures, any documents to be sent to me as I had received nothing prior, and they haven't been in touch since.

 

Graeme

[AndyOrch]

Unless you can get hold of a copy of the the Particulars, CPR 31.14 may be pointless.Do you know which Court issued judgment...perhaps try for a copy from them.

 

Andy

[morlspin]

It was Northampton County Court that issued the CCJ.

 

Ive done a lot of googling the last few days and it seems that this is a particular ploy by Wescot. They send the documents to incorrect addresses and file at Northampton for a speedy decision, they always win because people cannot defend themselves as they know nothing about it.

 

Hope that Newcastle give me a date to sort this out asap

[AndyOrch]

Ask Northampton if they have a copy.Then you can see their plea...... failing that what about about a CPR 18 request? You can only ask for information not docs though...hence the need to get hold of the summons.

[morlspin]

Hi Guys

 

Update on whats happened:

 

In the 2nd week of december I received a court date of 24th Jan 2013 at Newcastle to argue the case.

 

Today though I received a letter from Wescot SPV which states this:

 

 

We have reviewed your application and made attempts to contact the original

creditor to obtain documents in relation to this matter.

 

In response to the issues you have raised. We can confirm that we made

reasonable attempts to contact you. We did not attempt to deliberately obtain

judgement against you and have acted reasonably throughout.

 

In view of the dispute you have raised we do not intend to persue this matter

any further, and are willing to set aside the judgement and withdraw our claim

with no order as to costs.

 

We enclose a consent order for you to sign and return a copy to us so this

can be forwarded to the county court with a fee.

 

Should you wish to discuss this further..............etcetc

 

So....what should I do now....my aim was to have the judgement removed and cancelled, this looks like it will happen so I should be happy.

 

But now Im wondering if I should be looking to claim against them for costs and compensation because I have been refused employment due to the judgement (i have a letter stating this off the company I applied to)

 

I also was refused a current account off Halifax bank due to negative credit checks.

 

So guys.....what would you do now?

[AndyOrch]

Accept their withdrawal...that closes the matter on the claim...then consider any future litigation as a separate issue.

 

Well done morsplin I will amend your thread title to reflect your result..

 

Regards

 

Andy

[morlspin]

Accept their withdrawal...that closes the matter on the claim...then consider any future litigation as a separate issue.

 

Well done morsplin I will amend your thread title to reflect your result..

 

Regards

 

Andy

 

Thank you for you're help Andy , much appreciated again

[morlspin]

Hi Guys

 

Received the papers from the court saying the judgement has now been set aside and i owe nothing and all done with.

 

Now.....how do we get this cleared off my credit file? is it done by the courts or do i send a copy to the credit reference agencies?

[AndyOrch]

http://www.trustonline.org.uk/understand-judgments-fines/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs

 

Regards

 

Andy

[dx100uk]

what about compensation?

 

dx

[morlspin]

Compensation would be nice, I lost the 1st job through the ccj and a 2nd job was scuppered when they asked if I would pass a credit check, i had to say not at the moment and explain, they said re-apply for a job when its cleared.

 

Also, thanks Andy again!

[dx100uk]

yes if you can prove that the false CCJ harmed you

 

you are in for £1000's!!

 

dx