O2 and Moorcroft

[MelDo]

Hi spoke to court it is a genuine claim.

 

We never received the claim pack so I guess we have to dispute the claim and apply for a set aside.

 

A judgment has been entered but they are giving a month's grace.

 

The court were not particularly helpful, asserting that the claim pack was sent and not returned. Effectively calling us liars.

 

Does anyone know about the set aside process and if it's worth us doing it or should we just pay and get the judgment removed.

[dx100uk]

what on a debt that might well be not owed?

 

do you know what the debt is all about

 

 

is it on your CRA file?

 

how old is it?

 

more info

 

dx

[MelDo]

It's an O2 debt. It is on my CRA and is now a ccj. I don't dispute the debt just the fact that I didn't receive the claim pack and therefore had no chance to defend this before a judgment was entered.

[MelDo]

Moorcroft have entered a judgment against me for an old O2 debt. I don't dispute the debt. But I never received a claim pack from anyone, certainly not the court.

 

I have a month to pay the debt and get the ccj removed or I can dispute the case on an N244.

 

What are my chances of having it set aside and what is the best way forwards?

 

Mel

[unclebulgaria67]

It is now your choice. Setting aside on the basis of not receiving the claim pack, might not get you anywhere, if there is no issue with the debt. The court should have sent a copy of the judgement, which if you have not received might indicate a wrong address held by the court or a problem with your postal delivery.

 

Pay in full within the time allowed (30 day from judgement) and no CCJ record will be added or arrange to pay Moorcroft by instalments, with the CCJ being noted on your records.

[AndyOrch]

Hi Meldo

 

Not much point setting a side if you don't dispute the debt...just settle the amount and save further costs.The CCJ is not registered if payment is made on time.

 

Regards

 

Andy

[dx100uk]

are you happy the level of the debt is correct?

 

 

whats the story, late termination or fees or whatever.

 

in MY opinion it would be foolish to just pay the ccj

as you'll never get the chance to get the balance disputed

 

the fact that o2 sold a debt of +£400 make me wonder.

 

dx

[wonkeydonkey]

Did you ask to what address the claim pack was sent? if you have moved house then it would have been sent to a previous address.

 

When making an application to set aside a judgment you must look at it as a whole....because you knew nothing of the Court action you have been denied the right to defend their claim...thats a plus and it will of course wipe out all the costs added to the debt but, you need to find out why you never received it.. Its double edged sword to get aside and then find the Court will often move straight on and rehear it, so unless you can make the offer to settle the amount being claimed in full there and then,which in turn amends your credit file, you are in fact merely exchanging one ccj for another.

 

If after set aside is successful and you do not dispute the debt you can admit it and make an offer to payments seen to be affordable to you, they in turn can accept/refuse your offer and if the latter it will be for the court to set the amount. That will enable you to address the issue of the claim but it does nothing to rectify any damage to your credit file.

 

WD

[debbbbsy]

You could contact the court and find out to which address the papers were originally served. If it is not your current address, than yes you can apply to have the CCJ set a side.

 

It really depends on what the value of the claim is, and as you say you admit the money.