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Unknown CCJ - BOS Card/1st Credit - I don't think is mine - can i set aside?


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Hi guys,

 

I recently went to open a business account to start a new busines .

 

 

I was rejected so joined experian and found out I had a ccj dated back to 2013.

 

Couple of things.

I wasn't aware of this ccj which is registered to my old address (which my ex wife lives at).

I didn't get my post for the first year or so due to bad relations with her (2009-2010)

but since 2010 I've been getting all my post and have no recollection of this.

Should they send the ccj paperwork recorded delivery?

 

 

I contacted Northampton county court and got the details.

Then called the solicitors.

 

They gave me some details saying it's for a credit card and the amounts etc.

I said I don't think this is mine

can you get me a copy of the credit agreement.

 

 

Roughly 8 weeks after my request and many many phone calls I got a copy of statements

(just plain and no details or specific marking of original creditors) but no agreement.

 

I spoke to them again and they said they have requested agreement and are still waiting a response.

I also received a letter from a dca saying they have put it on hold due to my request

and won't chase till I have received relevant paperwork.

 

I know in hindsight I should have really done all this via letters but was panicking and trying to sort quickly.

 

If they can't find the agreement do I have a chance if setting this aside?

 

Should I send a letter stating about the phone calls and again requesting the agreement, giving them a time limit?

 

How can I prove I haven't received any paperwork?

 

What are my options?

 

Sorry for being long winded and hope someone can help.

 

many thanks.

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Hi and welcome

 

Court documents do not need to be sent by recorded to be deemed served.

 

If your creditors used the last address which you gave them, the CCJ was obtained validly. It has now superseded the original credit agreement. As long as the CCJ stands, you cannot use CCA arguments to have it set aside.

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stop phoning thesedca's/sols people!

 

 

phone northants court get a copy of the ccj.

 

 

if you don't think its yours you need to prove it

 

 

if you can

 

 

get it set aside.

 

 

so whats the debt all about?

and name names please.

 

 

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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So the debt is apparently from a visa card. From bank of Scotland dated back to 2007.

 

1st credit are the dca.

 

 

At this point I have no idea whether they have bought the debt or are acting on behalf of creditor.

 

 

I haven't yet spoke to 1st credit just the solicitor who is acting on there behalf.

 

I just don't actually know how to prove it other than to ask them to prove it was mine.

 

 

I'm presuming if it was then I would have a credit agreement.

 

I'm just lost with it all.

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So you really have no idea whether you had a Bos Visa card? Pls don't forget that they also had franchise arrangements with other orgs so it could have been one of those.

 

Two impt points at this stage.

 

 

1 - Are you in Scotland? That affects the legal processes.

2 - Have you been told exactly what date in 2007?

That may affect questions of enforceability in the event of your obtaining a set aside, as some changes came into play in April that year.

 

Who are the solicitors?

 

 

Do not talk to them again, nor to 1st Credit.

If they call, tell them you'll engage with them in writing only.

 

Send them the "prove it" letter from the CAG library for starters.

 

 

The problem is they will most likely have no trouble whatever proving they have the CCJ

and may not cooperate in proving the original supposed debt.

 

 

You could SAR Lloyds Banking Group [which includes Bank of Scot] to find this out.

 

Unless someone has committed fraud,

 

 

how can the bank have sold 1st an account under your name and with your correct former address

without some input somewhere along the line from you?

 

Be patient.

 

 

It may take some time to get to the bottom of this.

 

 

1st are likely to threaten and harass but you need to be resilient.

 

 

Don't let them intimidate you.

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the debt would have been sold on

as only the OWNER of a debt can take you to court.

 

 

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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Hi oleg,

 

Thanks for the reply.

 

 

I'll take your advice on board and make sure u make no more phone calls.

 

I'm not in Scotland and the visa was taken out in February 2007.

 

I plan on sending them the prove it letter you mentioned.

 

I received a letter from 1st credit saying all chasing of money has been suspended while they get me the relevant paperwork.

 

I just need to get to the bottom of it asap.

 

 

If I do owe any monies then I'll happily repay. And if I'm stuck with a ccj then so be it.

 

 

Although if I'd have been aware of this when it was happening I'd have cleared it.

 

 

I've had lots of finance in that past and always cleared things and paid my debts on time.

 

There solicitors who I've been dealing with is moon beevers.

 

Thanks again

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Afternoon again.

Sorry to bother you all.

 

I've requested a copy of judgement etc from Northampton county court which I expect to receive in next few days.

 

I just don't know where to go with this.

 

Problem is firstly I'm not sure if this debt is or isn't mine. Sounds daft

 

I had very good job and lots of credit from different people always cleared up what I owed.

 

I left the family home informing what I thought was all of my creditors about the move.

 

Initially the relationship with the ex wife wasn't let's say amicable.

Since then we have sorted our difference I've started receiving my mail etc.

 

at the time the judgement was awarded I was receiving my mail and never received any papers about the judgement.

 

Main problem is I can't just turn up to a hearing saying I haven't received papers and don't know of the debt.

 

I've read how hard it to get set aside.

 

I'm just baffled with it all. And my scenario is hardly straight forward and perfect.

 

I need to give my head a shake and get this sorted

 

 

I can't get my business up and running due to been unable to open a business account.

 

Any advice would be very welcome.

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have you moved since you took the card out

did you inform your creditor you had moved?

 

 

go fish for details

 

 

how about looking at your credit file? see noddle below.

 

 

when is the hearing date you mention?

 

 

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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Did you not SAR Lloyds? Problem is these things can be slow.

 

Or you could phone them / visit a branch [take ID] to see if any trace of you on their records. And we can't assume that all historical bos stuff is on Lloyds systems. Are you near a bos branch?

 

Failing that, just see what 1st come up with, though I wouldn't expect them to be in much of a rush to produce anything with which to set aside a judgment that was in their favour.

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Hi thanks again for replies.

 

I did think about maybe contacting the bank to see if they could give me any information.

But got the impression they will just say it's been passed elsewhere so contact them.

I am going to give it a try though nothing to lose.

 

I will wait until I have received paperwork from the courts although I can imagine this won't tell me much more than I already know.

 

The ccj was placed at my ex wife's address.

I have no recollection of having this visa card but as I said I had lots of credit

and I'm just hoping this one didn't slip through the net in terms of informing them of a move etc.

And even if I did inform them that I'd moved I don't have any proof.

If I did fail in my duties to inform them and it is mine then I'll just have to bite the bullet

and get paying it although I won't be opening a business anytime soon.

:(

I will kep you informed as I make more enquires and get paperwork etc.

Thanks

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I received some paperwork from the courts as I requested. Under the description of case events etc, it says.

 

28th-feb-13 n30 judgement by default

 

3rd-oct-13 warrant of control issued

 

3rd-oct-13 final return of warrant

 

4th-oct-13 invalid warrant request (mag my

 

21st-jan-14 letter to

fwd to wrt crt to advise clmt accordingly

 

21st-jan-14 letter from party

querying update on wrt

 

18th-feb-14 final return on warrant

 

31-jul-14 telephone message

call from Def for jmt/poc/clmt debts

 

24th-nov-14 change of defendant address.

 

I'm confused as to what some of these mean.

 

1) warrant issued 3rd of Oct then return of warrant same day.

 

2) invalid warrant request following day

 

3) 21st Jan letter to, fwd to wrt crt to advise accordingly

Same day letter from party querying wrt

 

4) ththen another final return of warrant dated 18th Feb 14.

 

Can anyone shed any light on this as I'm struggling to find any information.

 

Many thanks.

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you would get a claimform

 

 

if that was 'correctly' served to your last known address

then no, you'd get nothing more

until someone wants to get the money out of you

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... 

Link to post
Share on other sites
I received some paperwork from the courts as I requested. Under the description of case events etc, it says.

 

28th-feb-13 n30 judgement by default

 

3rd-oct-13 warrant of control issued

 

3rd-oct-13 final return of warrant

 

4th-oct-13 invalid warrant request (mag my

 

21st-jan-14 letter to

fwd to wrt crt to advise clmt accordingly

 

21st-jan-14 letter from party

querying update on wrt

 

18th-feb-14 final return on warrant

 

31-jul-14 telephone message

call from Def for jmt/poc/clmt debts

 

24th-nov-14 change of defendant address.

 

I'm confused as to what some of these mean.

 

1) warrant issued 3rd of Oct then return of warrant same day.

 

2) invalid warrant request following day

 

3) 21st Jan letter to, fwd to wrt crt to advise accordingly

Same day letter from party querying wrt

 

4) ththen another final return of warrant dated 18th Feb 14.

 

Can anyone shed any light on this as I'm struggling to find any information.

 

Many thanks.

 

I wouldn't waste time worrying about them. It's not relevant to your claim and is distracting you from the main issue.

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