Sneaky CCJ from Mortimer Clarke/Cabot/Capital 1

[caro]

A friend has just asked my advice about this. MC got a CCJ on 6th Feb for an old card she thought was paid off years ago.

 

Just want to check my advice to use N244 to apply for set aside then defend as SB.

 

This was first she'd heard about it. Claim was in her previous name which she stopped using years ago long before moving to current address about 3 years ago.

 

Suggested she contact MC to agree to this to save their costs.

 

Sound ok?

[Bazooka Boo]

Was it definitely SB before they obtained the CCJ by default? Or was it definitely paid off in full?

 

Which argument is she going to use in order to have it set aside?

 

https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

[caro]

She's convinced it's over 6 years since ack so SB.

 

 

I will emphasise to her how important it is that she must be 100% sure of this

 

 

and also get her to check cra for default date etc.

[SabreSheep]

what are the grounds for the set aside?

 

When she moved, did she update her address

Did she update her name?

[caro]

SB defence I think is best. Nothing on noddle so I think that should be safe. She didn't inform them when she moved as didn't know she owed anything.

 

Thanks for the link BB.

 

Incidentally her previous name doesn't show on noddle either although previous address shows as supplied by HSBC Finance who she's never had dealings with.

[caro]

Grounds for set aside are that she had no notification of claim. Doesn't recall getting anything from them or court.

[AndyOrch]

If she never informed the creditor of CoA Caroline..it will be deemed good service...makes no odds re the maiden name or deed poll...however as the judgment is fresh then she may be able to set a side if made promptly...reason being the debt was Statute Barred pre litigation...if she has evidence this will simplify the application.

[caro]

Never informed them as didn't know there was a debt, but I thought the name wasn't an issue. Thanks andy. You've confirmed what I thought.

[Bazooka Boo]

Noddle isn't always as accurate as the others, Experian and Equifax would be the best to check to be 100%.

 

If she hasn't used the free 30 day trial period, she can do so now...

[caro]

Agreed bb. She has used the 30 day trial before so will have to be the £2 one I think. Do you think it should be experian and equifax?

[Bazooka Boo]

I think Experian will be OK, they're usually accurate and up to date...

[caro]

Thanks.

[Bazooka Boo]

[Guest]

Grounds for set aside are that she had no notification of claim. Doesn't recall getting anything from them or court.

 

 

that a matter was barred prior to a claim is also a ground for a set aside

[caro]

that a matter was barred prior to a claim is also a ground for a set aside

 

Thanks ford.

[citizenB]

do you need the text for the SB defence, Caro ?

Edited February 24, 2015 by caro

[caro]

If there's one about it would be handy thanks CB.

Edited February 24, 2015 by caro

[citizenB]

Here you go...

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

 

[AndyOrch]

You need to quote the relevant CPR also Caro within your set a side and attach a draft order.

Edited February 24, 2015 by caro