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DCA got CCJ whilst i was abroad - now want my sig?

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I have an old lloyds overdraft debt that was in dispute due to charges etc from around 2008.

Last I heard was in 2010 when I replied to a DCA stating the account was in dispute and to refer back to original creditor.

 

In Nov 2011 I went abroad (and had heard nothing further by that point) and have been pretty much living abroad ever since apart from the odd visit back to the UK.

 

I just went back to the UK in Feb 2014 and discovered a new DCA had taken over the account and had obtained a CCJ against me in my absence in Jan 2013.

 

After a bit of research I have discovered that

“If you are the Claimant and you become aware at any stage that the particulars of a claim may not have reached the Defendant you should apply to set aside any judgment which has been made”

Needless to say the particulars of the claim never reached me as I was out of the country.

Also - it seems that a court cannot make a judgement against someone whilst they are out of the country.

 

So, I wrote to the solicitors in question requesting that they make the necessary arrangements to have the judgement set aside.

 

They have replied and have asked that I sign the letter I sent them as "they need to be sure they are communicating with the correct person about the account"

 

This is sounding all sorts of alarm bells for me, is there any reason why I shouldn't sign the letter and resend it? (The original was unsigned)

 

Thanks in advance for any advice

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Sign over a grid printed on the bottom of your letter.

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If you did not inform creditor you had moved abroad, then a CCJ can be obtained for this debt and it would be difficult to get it set aside, unless you have other valid reasons for the set aside.

 

It is reasonable to ask for a signature, where they are unsure that the person communicating with them is the original account holder for the debt. Just sign your name over a row of XXXXXXXXXXX. if you are worried about copying/pasting of your signature.


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Just to note, the copying/pasting of a signature is unheard of. It started off as a rumour. If a company was ever found to have done this, they would be in very serious trouble. Criminal and civil.


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Just to note, the copying/pasting of a signature is unheard of. It started off as a rumour. If a company was ever found to have done this, they would be in very serious trouble. Criminal and civil.

 

I think a couple of cases have been reported on CAG. But whether these were true or not is debateable. I doubt most DCA's could be bothered to scan documents in and then mess around. If they got caught out using dodgy altered documents, they could be subject to criminal proceedings and sanction by the OFT.


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Never seen "signature lifting" proved.


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I don't see an issue with presenting the other sides counsel with a signature, at some point [if it agrees] the consent will need to be signed anyway. Signatures change over time so change yours slightly so that you can identify later if you have any misgivings.

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Would the DCA have a signature to compare with?

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Would the DCA have a signature to compare with?

 

Doubt it, but most seem to play the signature card in matters of data compliance if only to delay.

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Thanks all for your advice, and comments. I have sent the letter on with a signature half over my printed name.

I await their response.... :-)

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I am completely unable to write the same signature twice. Even if I try very hard, it comes out completely different. When did a signature become a form of identity?

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I am completely unable to write the same signature twice. Even if I try very hard, it comes out completely different. When did a signature become a form of identity?

Personally I would not be bothered about signing, as said earlier I have never seen any proof of a DSA " lifting" a signature.


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Ok, so I've had a letter back now as follows:

 

"We write further to your letter of xxx 2014 etc

 

We note you state to have been living abroad at the time that legal proceedings were issued against you and have requested the judgement be set aside.

 

It is your responsibility to update any creditors with any change of address and as such, legal proceedings were issued correctly against you at your last known address. We will not be applying for the Judgement to be set aside.

 

We now require your firm proposals towards this account and enclose a financial questionnaire to assist you. Failure to complete and return the questionnaire to this office by 9 May 2014 may result in further legal action being taken against you.

 

Yours etc etc"

 

So what are my options?

 

My main concern is that I now have a CCJ against me with apparently no way to get rid of it other than to allow it to expire.

 

The last thing I heard from the last DCA handling the account was early 2010, and I then didn't hear a thing before I left the country in late 2011. How was I supposed to let them know my address when,

a) I didn't know who was dealing with the account anymore - (if at all)

b) I had no idea where I was moving to?

 

Basically I am happy to pay this thing back, I wanted to make a reduced offer for full and final payment just to get rid of the thing. The original debt was in dispute, but it's gone on so long now I just want them to leave me alone.

However, I'd really like to get the CCJ off my record.

 

Do I have any options at all? or has it gone too far now and I'm basically screwed?

 

 

Thanks

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Pay the judgement order and get a certificate of satisfaction.

A judgement would have to have been paid within 28 days of the judgement for it not to be registered, it is unlikely that a court would set it aside now, and it will remain a matter of public information for 6 years from the judgement date.


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Alternatively, you could attempt to have the Judgment set aside yourself - however, you will most likely be required to defend yourself as if you had received and responded to the original claim.


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Unfortunately it will be difficult to set aside a CCJ after more than a year has passed. You could issue an application and hope for a sympathetic judge, but even in this situation you will need proper grounds on which to defend the claim. Do you think you have a real legal reason to defend?

 

Unfortunately the information you have researched is wrong. I have never heard of a claimant applying to have a CCJ set aside or any requirement that the claimant should do so. It would normally always be the Defendant applying to have a CCJ set aside. The other side is technically correct to say that service on the last known address is good service, provided they had no reason to think you were no longer at that address.


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I wouldn't know how to start defending it really, aside from the fact that I am out of the country again, (I was only back for a visit).

I'm not sure what legal grounds I would have (if any) - the original debt came from a combination of bank penalties and financial hardship. I offered token payments until I could afford to pay more but the bank refused them. I didn't consider they treated me "positively and sympathetically" - more like "pay us back now or else".

I tried all the standard letters from the national debt advice people about offering what I could afford etc, but the bank wouldn't accept and kept demanding more than I could afford. (I was on JSA at the time).

 

It was around then that I discovered CAG and found out about the unfair charges thing, so did an SAR etc and put the account into dispute because of the charges. I figured if they weren't going to play ball and allow me to pay back what I could afford as I could afford it then they could go shove it frankly. If they'd let me make the token payments then I would have happily done that, kept a good relationship with them, and then when I got a job I would have been able to clear the overdraft. Instead I have now gone from a lifetime customer of the bank (since about 8 years old) to someone who would never go near the b**tards again.

 

Do I have any leeway to offer a reduced payment as final settlement? or do I have to pay the whole lot now that the courts have been involved?

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There would have to be an application to vary the judgement order.

 

 

Is the order for payment "forthwith"?


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I don't know... How would I find that out?

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