Backdoor HPH2 CCJ - Aqua Credit Card now AEO/N56

[Shay50]

Hi - yes the address is not one of my addresses.

 

Since moving to UK in 2000 from Zimbabwe we have lived at 3 addresses,

if you look on the electoral role you will see that the addresses all add up

(ie moving from one to the next)

 

also how long I have been on electoral role,

1st address was 4 years,

2nd address was 4 years and

current address 8 years.

 

Moved from my 2nd address in June 07 and was added on at my new address in June 2007. This info is also on my credit file.

 

They said I was at the address on the CCJ in 2014 but you can see from all the info that I was at my current address

(I have also contacted Equifax and Experian to dispute this info but have not heard back from them yet).

I have no idea how they managed to get the address, there is no linked address on my credit with that address.

 

Does that explain and is it enough to get it set aside.

They did say they would investigate,

if thats the case will they explain why Experian used the wrong address

or should I case the credit agencies to find out what has happened.

 

Would they not have had to give me copies of the documents they submitted to County Court as well to get the CCJ issued

or can they just go ahead without letting me have the info.

 

What I am talking about is the blue form you get prior to CCJ being issued.(N1 CPC)

or how would they notify me that CCJ was about to be issued?

 

Does that make sense?

 

Sharon

[dx100uk]

a bit clearer

 

you will still need a credible defence to defend the original claim.

even if the address issue, which appears to point toward a set aside.

 

so

onto the debt itself...

why do you think you did not owe the money on the aqua card?

[persha50]

Hi - was having financial problems and was not using the card

it just kept going up due to charges and interest not due to spending.

Was trying to get charges etc back.

 

What would've happened if I had not seen the ccj on my credit report, how would it have been enforced?

 

Just a thought

if I wrote to the people at that address and asked them if they had received any mail for me at the address what they did with it,

they may have done a return to sender - not at this address (thats what I do), or maybe something to say that I had never lived at that address.

 

Should I write to Robinson Way and get copies of my file?

 

Sharon

[dx100uk]

you have a pm please read it

 

 

dx

[dx100uk]

Hi - was having financial problems and was not using the card

it just kept going up due to charges and interest not due to spending.

Was trying to get charges etc back.

 

What would've happened if I had not seen the ccj on my credit report, how would it have been enforced?

 

Just a thought

if I wrote to the people at that address and asked them if they had received any mail for me at the address what they did with it,

they may have done a return to sender - not at this address (thats what I do), or maybe something to say that I had never lived at that address.

 

Should I write to Robinson Way and get copies of my file?

 

Sharon

 

 

you would still need a defence for the debt.

if the CCJ was to be set aside

it would take it back to the issuance of the claim.

so thus you'd need a defence of why you didn't pay the debt.

 

 

was this a Halifax aqua or newday card or from whom.

[persha50]

Its not on my credit report,

I was unaware that it had been handed over or CCJ was to be issued otherwise would've made contact.

 

 

It was being disputed due to excessive charges.

 

 

I have just checked my statutory report for Equifax

and there is a reference there for the wrong address for Hoist Portfolio

with the first date being 13/12/05 which if it is the Aqua card is when I think I may have got the credit card.

 

What would happen if I had not checked my credit file?

 

 

I would still be unaware of the CCJ and it would not get paid either?

 

 

All I want is to have it removed from my credit report a

nd then see what information they have so that I can dispute etc.

Sharon

[dx100uk]

best await the info from the claimant then.

 

 

it wont be £1800 of penalty charges mind.

 

 

so still cant see a valid defence.

 

 

dx

[persha50]

What would've happened if I had not seen the CCJ or never checked my credit report. How would they have re-enforced it?

[dx100uk]

poss never.

esp if they know it was a backdoor CCJ.

 

 

but if any bailiffs be them court or HCEO

have no power of entry on a civil debt

and can be told to go away.

 

 

TBH never heard of hoist doing that ever.

[AndyOrch]

https://www.moneyclaimsuk.co.uk/post-judgment-enforcement.aspx

 

Possible options for the claimant to enforce the Judgment

[persha50]

HELP - I have today received a notice of application for attachment of earnings order

 

In August a CCJ was taken out but at the wrong address (one that I have never lived at, you can see on my voters role that I have never lived there).

 

 

Contacted the lawyers for details and they said they would not cancel it and would find out from creditor what to do.

They also said they would send me copies of the paperwork to the right address, which I not yet received.

 

 

I still do not know who the debt is for just the creditor who is Hoist Portfolio and the lawyers are Howard Cohen.

They also said they would find out why it was sent to the wrong address. I have now also disputed this address on my credit file.

 

What do I do now as I cannot pay it and I do not want my employers to find out, can I do a N244.

 

I take it I have to fill the attachment of earnings forms and return it can I also send an explanation in why I have not paid it.

 

 

How can I pay a judgement if it was sent to the wrong address?

Help as I know time is a factor now.

[renegadeimp]

You fell victim to the usual backwater DCA and rent a hire sol's tricks, and some of the info in this thread towards you is pretty concerning.

[AndyOrch]

You must complete and return the N56 within 8 days otherwise there can be serious consequences Persha.Go to section 10 of the form and tick to suspend it stating your reasons.

Then complete an N244 to set a side the judgment and submit to the court that issued the CCJ (also state within section 10 that you have made application to set a side)

 

Andy

[persha50]

Thanks Andy - can I submit a copy of the email from Croydon County Court which has a copy of the CCJ with wrong address on with the N56. The form they send me by post is an N55, do I keep that so also send it back. On the section 10 it asks for a figure for an offer of payment, should I put one in or leave it blank?

With the N244 can it be posted or do I have to take it in?

[persha50]

Hi Andy - also as I got it today saturday will the 8 days be working days. Date on the order is 8th so I have to get it in by 20th. Also should I send it back recorded/signed for or do I need to take it to the court.

[AndyOrch]

Yes its 8 working days...keep the N56 simple...tick box 10 to suspend and simply state in the process of setting a side the judgment in connection to this order....end.It should have instruction of where to return it.

 

Save all evidence and attachments for the set a side application.

[persha50]

Thanks Andy - do you think its worthwhile contacting the solicitors.

 

 

I did originally which may have been a mistake as they now know that the address they used was wrong.

 

 

Just a query if the courts send the ccj to the wrong address and have now sent an attachment of earnings to my right address

saying I have ignored previous requests (not true as did not get any court papers whatsoever or have the opportunity to respond),

 

 

do you think the lawyers contacted them giving them the current address (which I have been at for the last 8 years and which the lawyers did have on file)

or would it have been the courts changing the address.

 

 

Can I ask the lawyers if they contacted the court with correct address, I am just asking as that would also be proof that they have used the wrong address.

 

 

They lawyers did say they would be sending me notice of assignments etc but to date have not received anything.

[AndyOrch]

Right or wrong address is not the issue...if its not your debt that is the basis of the set a side.

[persha50]

But if it is mine how can I respond if they have sent the papers to the wrong address.

 

 

If I had received notice from the creditor I would not have let it go that far and at least organised a payment plan.

 

 

Gone down the SAR route etc but did not have the opportunity to do so.

[renegadeimp]

If it was a DCA that got the CCJ, they wouldnt care if you were in a repayment plan. Theyd still file a court claim regardless just to screw you over.

[persha50]

When a CCJ is issued does it just get posted to the person or does it get delivered by a court person/bailiff or does it have to be signed for.

[dx100uk]

normal post

[persha50]

Good news (I hope)

got the attached letter in the post today saying application has been dismissed.

Does that mean it will also be taken off my credit report.

 

 

I just sent back the attachment of earnings letter as per your advice andyorch (#41).

 

 

What happens next?

Will they re-apply?

Also I have not done the N244 yet for financial reason waiting till I get paid should I still do it?

Also got a reply from Experian as follows:

 

I'm writing in relation to your recent query with:

*Avon Cosmetics Limited address link dated 11/03/12.

I'm pleased to tell you that I'm deleting this information from your credit report,

and our standard dispute statement will also be removed along with it.

This will take up to seven days to take effect.

 

To see this change, you may wish to look at an up to date copy of your credit report,

but please allow time for the change to take effect before doing so.

 

Just trying to get it sorted with Equifax but unless you are a member you cannot do it over the phone

and have to go on some question website which is a bit of a mission.

 

Cannot thank everyone enough for your advice and am over the moon that I have got a positive response and the DCA has not won.

 

Sharon

Dismissal Letter.pdf

[AndyOrch]

Good news re the AoE but the CCJ still stands and will still show on the CRAS,s and CCJ trust until you set it a side.

 

Regards

 

Andy

[persha50]

Thanks Andy - so I still need to the do the N244?

 

 

Was not to sure if the where it said "dismissed" if this was the whole CCJ or just the attachment of earnings.

 

Can I send the N244 in online

- reason being my dad is being treated for cancer

and we are all over the place sorting out support

so don't have much time for myself at the moment.