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CCJ issued to wrong address 2yrs ago! but i've already paid another DCA before i found this out!


financialfactz
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Dear all,

 

This forum has been very helpful to me in the past and I have returned again with another issue I am faced with now.

 

I checked my Experian credit report today for the first time and

 

found out that there was a CCJ against me May 2012

Santander Credit Card (Store Card) debt of £700.

 

I contacted Northants Court and

obtained the claim number and

claimant details which was Howard Cohen Solicitors working for Lewis Group who are in turn working for Santander.

 

I moved out of that address in 2011 and informed Santander too.

I have a letter from Santander dated 27th Jan 2012 regarding this particular credit card

to my new address to prove that I have made them aware of my address change.

 

In June 2013, I was contacted about the same credit card by Arrows at my correct new address,

I made them a full and final settlement offer,

paid and they confirmed in writing that the account is closed and that was on 28th June 2013.

 

Now I am really confused what to do next.

 

NCCourt advised me to contact the Claimant which I did.

The claimant, Howard Cohen, asked me to contact Lewis Group who they work for.

After contacting Lewis Group and demanding why they had sent the claim to the wrong address

that resulted in a judgement without my knowledge,

they apologised and assured me that they will ask their solicitors (Howard Cohen)

to write to court and 'Resolve' this matter.

 

I asked if they require me to do anything,

they said I just need to wait for two weeks and the judgement will be dropped.

 

I also contacted the Fos as advised by a representative

I spoke to at NCC.

The ombudsman told me that they will send a letter to Howard Cohen

demanding why they have filed a claim with the wrong address and ask for explanation.

 

However, when I spoke to NDL Helpline afterwards,

I was told that what Lewis Group is suggesting that they will 'Resolve' this matter

and drop the judgement may not be as easy as it sounds.

The County Court apparently does not allow a claimant to amend a judgement after it has been passed.

 

Therefore,

I call up NCC again and explained the whole situation and

asked if Howard Cohen Solicitors can call them and have the judgement set aside.

 

They asked me to call them in two weeks time to find out what the outcome is.

I asked if I would need to fill out a N244 and pay £80 to request to have the judgement put aside

as it was served to the wrong address but the person sounded confused.

 

Now it looks like if Lewis Group Solicitor Howard Cohen do get in touch with the court

and ask for the judgement to be dropped or something similar

which I really dont know how they will,

the outcome can either be that there is a miracle

and I do not have a CCJ any more on my credit file.

 

Or, when after Howard Cohen get in touch with the Court,

the CCJ process will start all over again

and then I will have to respond to this claim following normal procedures.

 

If that happens, then should I just inform the court that I had settled the debt

already in June 2013 through Arrow Global and Howard Cohen's claim of £700 is invalid?

 

Then would the court agree that I do not need to pay the claimant as I have already paid Arrow Global..

 

or would I need to settle the same debt again with Howard Cohen too?

 

I really appreciate your time if you have read my post so far.

Any comments on my situation or any piece of advice would be very helpful.

 

NDL adviser was very helpful and said my case is a rare one and asked me to seek legal advice.

Do you recommend I get an appointment with Citizens Advice Bureau

or just wait for two weeks to see if Lewis Group get their solicitors to 'resolve' this matter.

 

I somehow can not gather enough faith on Lewis Group to actually 'Resolve' this matter as they told me on the phone today.

 

Many thanks for reading and I hope my post and your replies help others who face similar situation like me.

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You will have to apply for a setaside using a form N244. It will be straightforward. In your application point out that the papers were served incorrectly and that the claimant knew of your correct details but did not use them.

Attach the letter that you have confirming your change of address.

Say also that there is no case to answer as the debt has been settled in full and that in the event you would like the court to award you your costs as the claimants have committed an abuse of process.

 

Contact HC and tell them that this is what you will be doing and will they consent. They should do if they are being grown up about it. In that case get a letter of consent from them and attach that also to the N244.

If they object - to the costs, for instance, then get them to put that in writing and send their refusal to the court and point out that although they abused process, they are not willing to cooperate inorder to save time and trouble and inconvenience to the court.

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next time don't be so quick to settle with a DCA

 

you now know all they want is to fleece you blind

 

how did you arrange the settlement with arrows?

 

I HOPE it was not over the phone by a card...please?

and you have WRITTEN PROOF

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Dear Bankfodder,

 

Thank you so much for your precisely to the point response and your valuable time.

 

Following your advice, I will send a letter to HC and ask for their consent so that I can apply for a Setaside using N244 form. In the same letter I will also ask them to pay the costs which I assume is £80 court fees you meant?

 

Is there a specific format for sending this type of letter to debt collection agencies asking for consent or am I ok to just make it up myself, simple and straightforward?

 

Once again thank you very much for your sincere reply.

 

Best Regards,

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Dear dx100uk,

 

Thank you for your prompt response.

 

I got my brother to pay for me over the phone with a debit card to Arrows after they accepted f&f offer. They have sent me a written confirmation that the account is closed and updated my credit file as well which appears in Experian as 'Satisfied'

 

I spoke to them today and explained about Lewis group fiasco and they said they are happy to speak to Lewis Group to confirm this debt has been paid off with zero balance remaining.

 

Many thanks!

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Dear Bankfodder,

 

Thank you so much for your precisely to the point response and your valuable time.

 

Following your advice, I will send a letter to HC and ask for their consent so that I can apply for a Setaside using N244 form. In the same letter I will also ask them to pay the costs which I assume is £80 court fees you meant?

 

Is there a specific format for sending this type of letter to debt collection agencies asking for consent or am I ok to just make it up myself, simple and straightforward?

 

Once again thank you very much for your sincere reply.

 

Best Regards,

Best thing to do is to phone HC and discuss in a friendly and polite way. Confirm their agreement or refusal in writing immediately and ask them for a written reply. Don't hang around too long after that call and sending them your letter. If you haven't got their letter within 14 days then file the N244. Use the intervening time to prepare the N244.

No special format for the letter to them - just polite and to the point. Thank them if they agree and express disappointment if the refuse. No need for the letter to be longer than 5 lines - ending that you look forward to receiving their letter of consent/refusal by return.

 

That's it.

 

If they consent - then pint out in your N244 that they have consented and that their letter of consent is atached.

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