Backdoor Carter CCJ - old Compucredit/Monument/Providian card debt

[footballsummer]

Hi,

 

I have been trying to get myself back on track with my finances for a while,

 

 

recentlyi decided to check experian to see how my credit rating was doing.

I was shocked to find I have had a CCJ registered against me in April this year.

 

After numerous emails to the Northampton court I managed to get a reply as to who it was from, as I did not know anything about it.

I have found out it was Bryan Carter solicitors acting for compucredit for a debt for £419 from 2009.

I have not heard of compucredit and cannot think what it would be for.

It is also registered to an address that I have not lived at for over a year.

 

Is the anything I can do about this? any advice would be much appreciated.

 

Thank you

Edited September 2, 2015 by Andyorch
Spacing

[Sidewinder]

Compucredit are Monument - formerly Providian - have you ever had a Monument or Providian credit card?

 

Fairly typical of Carters to get a default judgment at an old address.

 

Munument closed in 2009 according to reports

[footballsummer]

That name sounds familiar but that must have been about 8 years ago I think.

I take it I can't do anything once a ccj has been registered?

[Sidewinder]

You can, but you need to do some research first.

If you would have had grounds for a successful defence,

then you could apply to have the judgment set aside.

 

 

The obvious reasons for doing this are that the papers were issued to the wrong address,

and that any debt which may have existed was time-barred by the Limitation Act

- basically if there had been no payment or written acknowledgement of any debt in the six years before the claim was brought,

then the claimant would be barred from taking legal action (Statute Barred).

 

The Limitation Act is an absolute defence.

 

 

You need to firstly go through the Northampton CCBC and get details of the case if you haven't already

- the claim form should have an account number on it for example,

then try to find out when you last made a payment against the account

- you may have to contact Monument to do this

- even if it takes a SAR.

 

 

There are some address details on this page https://www.mymonumentcard.co.uk/claim as a starting point.

 

Once you are confident that the claim should not have been brought

- or at least that you would have defended on the basis that the debt was statute barred,

you will need to go through the process of getting the court to set aside judgment.

 

Don't sit on it for too long though

- Carter will want his pound of flesh and may try to trace you with a view to enforcement action.

[footballsummer]

Thank you, but will that not count against me if I contact them now as that I have communicated with them?

[AndyOrch]

Thank you, but will that not count against me if I contact them now as that I have communicated with them?

 

Makes no difference after judgment....and if it was statute barred anyway...its irrelevant.

 

Andy

[SabreSheep]

Once a debt becomes statute barred, not even a judge can change that..