Baliffs attended- Debt is not mine

[tranmereforever]

Hello all,

 

Wonder if anyone can help,

 

A little while back my account was hacked and my personal details taken - along with a bank account withdrawal

 

This was resolved earlier this year, however today I have had a baliff attend saying that I owe £950 to a payday loan company. Now I have never had a payday loan in my life so know this is linked back. He had court paperwork - I asked for a copy which he said he would get for me- and it was for a previous address which is why I never got it to defend it.

 

So my question is what is my next step? I have spoken to them on the phone and they have said they cannot do anything until the "appropriate court steps" have been taken by me, I have no idea what these are and what I need to get filled in

 

Do I need to arrange for a judge to look at it? Whats the cost/ timescales with this?

 

Any help greatly appreciated

[renegadeimp]

You need to apply for a set aside of the judgement and also contact the PDL and actionfraud and tell them that it is a fraudulant loan. Get a crime number from actionfraud, and the court and PDL has to take it seriously.

 

The set aside app should be relatively straight forward and will reset all legal action back to the start.

[steampowered]

To protect yourself you should start getting a paper trail in place. Its a bit risky to rely on what you tell people verbally. I think the first step would be to write to the bailiff (1) explaining that this is not your debt, (2) explaining that you have never received any court papers and have no knowledge of court proceedings, (3) asking them to forward a copy of any relevant court papers, (4) mentioning the possibility that this linked to the earlier fraud and (5) asking them to confirm that enforcement action will be put on hold while this is investigated.

 

Either way, you need to get a copy of the court papers and make sure any CCJ is set aside in order to avoid the CCJ ruining your credit record.

[tranmereforever]

Many thanks for help,

 

What is the process for a set aside? Do I actually have to go to court to present it?

 

It was Action Fraud who looked into it initially for me but I have submitted this as well

[renegadeimp]

Did you get a crime number from actionfraud? If not, call them again, reference the old case, and tell them that its become that serious, bailiffs are now involved as the creditors refuse to believe you.

[tranmereforever]

Hiya yes I have got a reference number from Action Fraud

 

It took 14 months to get Action Fraud to finish looking into it initially and as I thought it was all over I am aiming to get this resolved asap!

 

Looking online I have the form I need and will send that in to the courts today, I read online that hearings may take up to 8 weeks? Is that correct?

 

I will also write today to the bailiff to ask him to put it on hold until then

 

Many thanks again

[AndyOrch]

Your priority should be to stay the Warrant of Execution using the N245..you complete this in conjunction with your N244 to set a side the judgment.

 

 

Regards

 

Andy

[tranmereforever]

Whats an N245 form, is it fairly easy to fill in? Is there a cost with it?

 

Many thanks

 

Got a busy afternoon now I think

[AndyOrch]

Whats an N245 form,Application to vary/stay order is it fairly easy to fill in? Is there a cost with it? £45

 

Many thanks

 

Got a busy afternoon now I think

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice

 

Regards

 

Andy