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Unknown CCJ - 4 years old; can it be set aside


Bunsen
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Hello,

 

I have discovered that there is a CCJ from 2011 for over £7k against me.

I think it relates to a credit card with MBNA.

 

The thing is, at the time of the issue of the CCJ I had been living abroad for over two years

and had informed MBNA of this fact - never received a reply.

 

The CCJ was taken out by a DCA and not by the original creditor.

I doubt my change of address was noted.

Instead the CCJ was taken out at my parents' address -

which was not my last known UK address, but my last but one.

 

I would have disputed the amount as this seems incorrect.

I also would have issued a CCA to ascertain whether the DCA had the necessary paperwork for legal action.

I received no information regarding this matter and was totally unaware of it until yesterday.

 

My intention is to apply to have it set aside. However, there is the timescale involved - is it too late to do so?

 

Also, the DCA may argue that they were unaware of my change of address

and that they served at my last known address (although they didn't).

 

Is it possible to make a defence that I dispute the amount and that I would have made a CCA request?

Is the fact that I was never given the chance to present a defence a defence in itself?

That I never heard from MBNA that the debt had been sold or from the DCA that they had purchased the debt?

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Thread moved to Financial Legal Issues

 

Regards

 

Andy

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You might want to send a Subject Access Request to MBNA, if you told them of your change of address and they didn't pass this on, then I guess it might help in a set aside.

 

Although realistically, 4 years is a long time and it might be a bit difficult to get the set aside.

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Thanks, I might try the SAR, although as I informed them over the phone I am reliant on MBNA updating the information at the time.

 

What can I do about the amount being wrong - as in at least 2k over what I owed MBNA?

Also, what if the DCA never had the required paperwork? Had I known at the time I would have challenged them for this. Is it still possible to do so?

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If this was me i would leave well alone

 

In 2 years it will drop off your credit file and the CCJ very hard to enforce

 

You start pulling the tigers tail now you will have things like Baliffs, attachment of earnings etc thrown at you. The creditor will want to start enforcement action

 

You will waste 6 months to a year getting a decision from a judge with the set aside application anyway

 

Do you really want that

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If they have not contacted you in the last 4 years then be happy

 

If you do get a letter from them or the court then the realistic chances of a set aside application can be discussed then

 

This is my own opnion and the final decison is yours

 

Believe me when enforcement action is taken after a CCJ it is not nice, why identify yourself as someone who has slipped through the net

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Thanks.

Just concerned that they have two years to do all of that now...

 

Then you either make arrangements to negotiate a payment plan or you follow the advice above.....I don't think an application to set a side now is viable.

 

Regards

Andy

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The thing is, at the time of the issue of the CCJ I had been living abroad for over two years

and had informed MBNA of this fact - never received a reply.

 

surely if you can prove you were abroad when the claim was issued

that's a slam dunk set aside....

 

but you still need to counter the debt.

 

no harm in sending the clamant a CCA request now

see what they do hold

 

trouble is, that's shaking the hornets nest.

 

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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I thought that a set aside could be applied for, as long as it was done without delay after finding out about the CCJ.

 

Also they did not use your last known address to make the claim.

We could do with some help from you.

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surely if you can prove you were abroad when the claim was issued

that's a slam dunk set aside....

 

but you still need to counter the debt

Thank you.

Would proving that I was abroad at the time work?

I certainly can - had a foreign work visa with entry stamp in my passport, employment contract, bank account in the country I was in etc.

 

if MBNA didn't update then that might count against me.

 

Counter the debt?

 

Could do this only with information - CCA and SAR requests.

And from what I've been advised here,

that might not be a good idea....

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Bunsen

 

Even if the claim is set aside, the debt still exists

 

You will still have to defend the full amount. You will have to show a realistic chance of still winning to convince the judge to set aside

 

Just ignore and in 2 years you will be free of a 7 grand noose around your neck.

 

Is that not worth waiting it out for the sake of 2 years??

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Also they did not use your last known address to make the claim.

 

Thank you.

 

No, they used the last but one.

And again, this may have been an issue with MBNA not updating or not passing it on.

 

the only way I'd find this out is by digging it up.

I suspect MBNA never updated my details but I think the DCA chose over two years later to use my parents' address.

 

Interestingly, no paperwork at their address regarding the matter, although they did use to return mail.

But not much ever came.

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The DCA should have been aware of all information given to MBNA, so it is not your problem.

 

Even if you set aside, you still have the debt to deal with.

 

Or you leave it and if they don't catch up with you within 6 years of the judgement, then they will find it difficult to enforce payment, when they did get around to it.

We could do with some help from you.

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What issue is the ccj actually causing you?

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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What issue is the ccj actually causing you?

 

Sorry, you are quite right.... I should have been clearer.

The short answer is nothing, but if I wanted to obtain a mortgage in later years then this would cause me a problem as I understand it - it may drop off the credit file but it still has to be disclosed.

 

I guess I'm just a bit peeved that this was done without my knowledge and that had I known I could have dealt with it.

I had another credit card and the lender was fine when I gave them my overseas address. Had no problems. MBNA? Go and sell it off without a word. So this is largely my annoyance.

I appreciate all the replies and the advice. I guess head down is the best policy for now....

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Doesn't have to be disclosed

If they can't see it tough

 

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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Doesn't have to be disclosed

If they can't see it tough

 

DX

 

Interesting. I thought that was the case for defaults and statute barred debt, but that a CCJ still had to be disclosed. Of course, that comes with the "what do I know?" banner applied. Hence why I'm here asking you guys....and again, thank you for taking the time to respond.

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Bunsen:

I will respond from my professional (design of mortgage applications in a well known bank in UK) and personal experiences (CCJs as a creditor).

 

Any mortgage or lending application is most likely to be denied as CCJ appear in the report from any credit history house.

 

 

However, you could

1) mention the CCJ at application time,

2) pay the debt and

3) present a certificate of satisfaction.

 

 

The certificate can be obtained after payment of the debt at the county court where the case was registered or transferred to.

 

Leaving credit checks aside, the 4 years old CCJ is still recoverable by the DCA anytime.

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Bunsen:

I will respond from my professional (design of mortgage applications in a well known bank in UK) and personal experiences (CCJs as a creditor).

 

Any mortgage or lending application is most likely to be denied as CCJ appear in the report from any credit history house.

 

 

However, you could

1) mention the CCJ at application time,

2) pay the debt and

3) present a certificate of satisfaction.

 

 

The certificate can be obtained after payment of the debt at the county court where the case was registered or transferred to.

 

Leaving credit checks aside, the 4 years old CCJ is still recoverable by the DCA anytime.

 

 

only the named claimant can enforce a CCJ.

 

 

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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