Unknown CCJ by drydens on an EGG debt***Claim Discontinued***

[PCoombes100]

Hi

 

I recently checked my credit file with Experian as due to our family expanding my new wife and I will need to remortgage and buy a house.

 

On checking my file,

a CCJ was posted against me by Drydensfairfax.

 

 

I found out this was on behalf of Egg for a debt that is over 8 years old

and I thought statute barred hence why I'd had no contact for many years.

 

I am reluctant to contact Drysdenfairfax as I do not wish to admit any liability but at the same time,

I do not wish to have a CCJ on my file for the reason above.

 

I had not received any contact and have been on the electoral roll since we purchased our flat just under a year ago.

As there has been no contact, is there any way I can get it removed from my file without risking having to pay the approximate 5k on the CCJ?

 

Thanks in advance for replies.

Edited September 19, 2014 by PCoombes100

[fkofilee]

You could attempt a set aside but you need a good defence to get it removed. The key here is whether they managed to get a CCJ if the debt was Statute Barred.

Contacting DD may be your only option outside of contactoing the courts.

 

You can get away with inquiring about where the CCJ has come from.

[PCoombes100]

Thanks for such a swift reply!!

 

If I attempt a set aside is that an admission of the debt?

 

 

It really is so long ago that I can't remember when, probably about 10 years.

 

 

The CCJ was filed a week ago, without my knowledge or prior warning!!

 

If I complete a set aside,

 

 

can I state the above points and will they work in my favour,

 

 

or, can it be rejected and then leaves me open to being pursued?

[fkofilee]

Not at all... People get debts set aside at any point... You dont necessarily admit liability. Weve had cases of people with CCJs when they are not the debtor

[dx100uk]

did you inform your creditors you had moved?

 

if not sadly with the info to date theres nowt you can do

 

when was the CCJ granted?

 

 

dx

[PCoombes100]

Hi

 

I had no contact with anyone for so long as I was not paying any debt back.

 

 

As I thought it had been so long and hence statute barred I assumed (probably incorrectly) that it was not enforceable.

 

I had nobody to inform as I was not paying any debt, yet they filed the CCJ about 1 week ago under my previous address.

 

Thanks.

[dx100uk]

if no-one is there to defend a debt that was sb'd

the judge will simply rubber stamp it.

 

if you can PROVE it was statute barred

when they got the CCJ

 

then you can set it aside.

 

however, if its not, you are going

to have one hell of a job

without a valid excuse & a credible defence.

 

why not gather the info?

 

send EGG an sar at their Canadian square address

[PCoombes100]

Thanks dx.

 

If I send the SAR, they have 40 days to reply. As I only have 30 days to remove the CCJ what could happen if they drag their heels in responding?

 

Also, if for some reason it's not SB, although I'm 99.99% certain it is, will I be forced to pay the entire amount or can I try and settle or offer a plan?

 

Thanks again.

[dx100uk]

get the sar done recorded

it will prob comeback.

 

 

yes prob be able to do payment plan IF they do 'win'

 

 

doubt it!

 

 

no harm in sending a CCA either to drydens

[PCoombes100]

Thanks dx, will do both recorded today.

 

If it does take over 30 days will I still be able to remove the CCJ if I prove it statute barred?

[dx100uk]

AFAIK yes

[PCoombes100]

Thanks, will send the SAR to Egg and Drydens and see what they say......

 

I'll keep you posted and thanks for the help.

Edited September 21, 2014 by PCoombes100

[dx100uk]

CCA to drydens

 

 

see what they do.

 

 

dx

[PCoombes100]

Thanks dx

 

Am awaiting a response from Drydens.

[PCoombes100]

Update.

 

No word back from Drydens and it is 14 working days since receipt. Am I now entitled to go ahead with removing the CCJ?

 

Thanks

[dx100uk]

moved to legals

 

 

dx

[PCoombes100]

Thanks dx.

 

Do you know what my next steps should be?

[dx100uk]

remove the ccj?

no-one said that as such.

 

you need to prove the debt was statute barred by the date of the claimform.

 

have you looked at payments on say noddle credit file.

 

you indicated the CCJ was registered on your file about the 12th September

 

that means the CCJ was granted 28days before hand.

[PCoombes100]

Hi dx

 

Thanks for your reply.

 

There is nothing on my credit report, with noddle or Experian showing that I have made payment or indeed had any contact whatsoever with Egg - ever?!

 

I am very keen to either remove/set aside the CCJ as I will need to apply for a mortgage soon and I know this will have big implications.

 

Thanks again for your help.

[dx100uk]

why not give Canadian square operations [egg] a ring

 

 

and ask them when the last payment was made.

 

 

 

 

dx

[PCoombes100]

Would that then be classed as contact regarding the account and therefore open me up to the CCJ etc.?

 

Thanks

[dx100uk]

why its been thrown out

 

 

dx

[PCoombes100]

Thanks dx

 

I have no idea on account numbers or anything as it is all so long ago, are they able to look up my info and provide details over the phone?

[dx100uk]

no harm in trying

 

 

dx

[PCoombes100]

*UPDATE*

 

So Egg say they can't provide (guessing they have none) any details.

 

As they are unable and Drydens are unwilling, am I liable to pay the £155 set aside costs?

 

Thanks