Can I get CCJ set aside or do I lose my job/career? :( Crazy ppl

[fievel]

My situation:

 

Defaulted on considerable debts last year built up to pay for disabled child's care after restructuring at work and an unexpected tax bill.

 

Tax bill being paid in installments until end of next year, takes up all disposable income leaving

 

I got quite depressed and couldn't handle it, but started trying last year and started making token payments to a number of people (once the tax bill is paid it will take ~4.5 years to pay off sizeable creditors).

 

I also told everyone to please not apply for CCJs as a) I have no assets and b) I am an FSA registered person and it could cause me to lose my job

 

For my MBNA card (sold to Varde investments/experto, ~25% of outstanding) I emailed them saying I owed the debt, wanted to pay and put forward payment plan (£1 a month until tax paid, then over 4.5 years balance) in August, also giving details of my new address which I moved to in May.

 

They did not reply, but I got a letter from HL solictors threatening legal action in October (sent to my old address, on the final day of mail forwarding), so I mailed in a copy of my income/expenditure and a letter outlining my situation and offer.

 

They acknowledged receipt of this mail at the end of October, but said they had not received the income/expenditure form and asked for it to be resent.

 

They also acknowledged that they had updated my new address in their systems.

 

I did not send in the income/expenditure/bank statements again as I got caught up in more corporate restructuring (financial sector these days )

 

Didn't hear anything back from them or about them until my compliance officer came to me a few months ago and asked about a CCJ on my file (!)

 

This was lodged against my old address.

 

I called them and asked for their help setting it aside, explaining the above and saying I'd be happy to do a Tomlin order as I could a) lose my job over this if not removed and b) not be able to move jobs, where I'd been offered two significantly higher paying jobs or get another job (and so probably have to go bankrupt - I am great at my career and rising fast in reputation)

 

They asked for my income/expenditure and said I'd need to sign the tomlin order before it was set aside, as well as pay for the Tomlin order and set aside, so I emailed them in this time, I waited for a bit and then..

 

They called and said they'd refuse to set aside the CCJ as I had not been co-operative and it was not their fault I may lose my job They also said I did not have enough disposable income, despite me repeatedly stating that all of the disposable income I had was going to the tax man until the end of next year, for them to a Tomlin order.

 

On the other side they said they would accept my payment offer subject to review every 6 months (£1 a month then 4.5 year payment), which confused me terribly, and said they'd send over bank details and they would push for enforcement if I didn't make the £1 payments.

 

I was told by some that a set aside on account of wrong address is up to the judge's discretion, but when I called the national debt line they said as I didn't contest the amount it may not be agreed and I'd have to pay their legal fees? (something I can't do on my

 

Advice of exactly what to do here would be exceptionally appreciated, I have just about pulled myself out of depression and am working hard, but this has put me on edge

 

Sorry for the long post!

[renegadeimp]

This was lodged against my old address.

 

Contact the court, get the judgement set aside and provide proof you were not resident at the address. This then resets the CCJ, and gives you a chance to defend it, IF the creditor decides to take it to court again.

[fievel]

Contact the court, get the judgement set aside and provide proof you were not resident at the address. This then resets the CCJ, and gives you a chance to defend it, IF the creditor decides to take it to court again.

 

But how can I prevent them from getting a CCJ again if it is set aside?

 

I don't think I have a defence as I owe the money?

 

I have evidence I moved (council tax bills) and an email from them acknowledging the new address was updated on their system 2 months before they applied for a CCJ at the old address, is that enough given I do owe the money and cannot pay it all off within 30 days to have it set aside?

[renegadeimp]

But how can I prevent them from getting a CCJ again if it is set aside?

 

I don't think I have a defence as I owe the money?

 

I have evidence I moved (council tax bills) and an email from them acknowledging the new address was updated on their system 2 months before they applied for a CCJ at the old address, is that enough given I do owe the money and cannot pay it all off within 30 days to have it set aside?

 

You prevent it by forming a full defence against their claim, and then having the judge agree with you.

 

Do you actually owe the money, or does it consist of charges? Is the debt enforceable? Does the claimant have the necessary paperwork to enforce the claim through the court system?

 

Creditors are very well known to use old addresses for claims, even when they know you no longer live there. It gives then a judgement by default, to which you know nothing about until you try to get credit.

[AndyOrch]

If you don't inform your creditors of change of address ...then serving papers at last known address is acceptable and deemed as good service...set a side would fail on those grounds...with or without a defence with merit.

 

Regards

 

Andy

[renegadeimp]

If you don't inform your creditors of change of address ...then serving papers at last known address is acceptable and deemed as good service...set a side would fail on those grounds...with or without a defence with merit.

 

Regards

 

Andy

 

I have evidence I moved (council tax bills) and an email from them acknowledging the new address was updated on their system 2 months before they applied for a CCJ at the old address,

 

Creditor already knew. Looks like they used the same trick, link and lowells regularly pull.

[AndyOrch]

Creditor already knew. Looks like they used the same trick, link and lowells regularly pull.

 

Splendid just need a defence now.

[fievel]

If the judge deems the set aside not valid (as I couldn't pay the debt), would I have to pay their legal fees too?

 

I think charges are probably 5-10% of the total. I don't know if the debt is enforceable or if they have the paperwork, I send them SAR and CCA right?

 

However, I did state in an email that I would like to pay £1 a month in acknowledgement of the debt (but I have not as yet made any payment), so I'm not sure if this messes things up with regards to any defence.

[fievel]

What really annoys me is that I was prepared to pay them the full amount, I can't see what advantage there is to them in not setting aside the CCJ and getting a Tomlin order from their side as it jeapordizes any chance of repayment aside from being douchy?

[renegadeimp]

Whenever you deal with any debt like a credit card, the first thing to do is CCA the company that is chasing you. If the debt was sold on by the creditor to the DCA, and the debt was a substantial amount, then you need to find out why it was sold, when it would have been more beneficial for the original creditor to take you to court to get their money, instead of claiming on their insurance.

[fievel]

Thanks, this debt is for £20k or so and I take it Experto Credite are separate from MBNA?

[renegadeimp]

What really annoys me is that I was prepared to pay them the full amount, I can't see what advantage there is to them in not setting aside the CCJ and getting a Tomlin order from their side as it jeapordizes any chance of repayment aside from being douchy?

 

Getting a CCJ destroys your credit file and allows them to get enforcement orders on the debt. DCA's are nothing short of vindictive. They couldnt care less about the debtor. They just see the numbers and get insanely greedy and will do ANYTHING to get that noney. Even when they only bought the debt for 10% of its actual worth. As you can see, it is potentially a very big profit making industry.

[wiseajak]

Just been reading through this thread.

Wow i cannot believe the ignorance and vindictivness of the DCA.

How on earth do thy expect you to pay the debt if you lose your job? It makes no sence! I hope you get this sorted.