Unknown CCJ on More than credit card debt - Set a side ?

[grey_in_red]

Hello everyone,

 

I would like to thank all caggers for all the advice given previously...

 

It is a big relief knowing that there's people you can run to for advice

at times like these.

 

my new questions regarding CCJ on old credit card debt

That's been passed around to different DAs over the years is now

Been recorded at Northampton Business Centre 2016.

 

The debt was originally More than credit card...

in 2007_08 I run into difficulties

 

It is one of many that's been filed on my credit file which I believe ended 2 years ago.

(After 6 years)...great thanks from all the adviced and help from all Caggers.

 

The new solicitors who dealt with the debt applied to take me to court last summer

Which I immediately replied online via MCOL?

 

 

I disputed (as adviced by chargers)

To ceased collection until they can provide an original CCA agreement.

 

All they can produce was a type written statements and not a original signed

Agreement?

 

 

I kept the email as proof, they did not reply from the template.

 

I did not hear about it again until early this year WITH a letter of CCJ granted by Northampton?

 

I have immediately requested a form for Set Aside ccj?

 

My question is...Will judge Grant me to set aside?

 

Debt £800 now £1000.

 

I have paid token payments for 2-3 years on all my debt from previous DCAs including The above.

 

 

But then it went quiet every time a send for CCA requests.

I did not pay anything for years to this debt.

Then last year new solicitors tried to take me to court?

No CCAs reply just 're constructed...

 

At the moment I would like the ccj off my credit file by any means..

.as that horrible stomach Churning make me sick again.

..all debt was cleared off after 6 years. And then this happened.

 

It took me years to make good of my credit rating then out of the blue a CCJ...

 

Any comment or advice will be highly appreciated.

Thank you in advance...

 

Set aside?

What happens with ccj if granted?

I have 1 month to deal with this new problem

9 May 2016.

Thanks

X

[martin2006]

How did you get the ccj notification? Its sent by the courts, as is the claimform.

 

Have you moved address and not notified the sols?

 

You have what apoears to be a backdoor ccj where all the corresponding paperwork has been sent to an old address, thus giving you no opportunity to defend.

 

So what you do is set aside as you are rightly doing but not just because of the address issue, also because they have no proof of debt owed, no paperwork/ holding defences can be found on here, just look for any backdoor ccj thread in the searchbar above

[grey_in_red]

Thanks...no I have not moved at all.

 

More than credit card was purchased by Lloyds during 2008.

 

It changed hands to diff DCAs which I have paid token payments.

 

Then I started asking for CCAs it all went quiet.

Lloyds continued to chase the debt

Even after the 6 years in my credit file.

 

 

New solicitors tried it again.

I sent for CCA had nothing presumably been sold couple of times.

 

 

April 2015 they applied Judgment thru Northampton.

..I quickly replied thru online and email informing them Of they haven't replied to my legal requests..

.Then it went queit until this February this year.

 

But this time they got me a CCJ without me being present.

 

 

Is it possible that this is a second application to take me court

that's why judge granted ccj because of me not responding?

 

I have copy of solicitors email (reconstructed statement and agreement but no signature)

 

I know every case is different...

 

Is it worth to set aside? They replied to my legal requests?

 

If it set aside...back to square one etc.

 

 

B u t what happens next?

If judge says I should pay it?

 

What happens to ccj?

 

 

Sorry I'm trying digest all these...

 

The debt has been and gone my credit file (6 years)

Is this possible to be 're entered as a ccj? For the same old debts...

[dx100uk]

your story is rather confusing

 

 

are you saying you had a previous CCJ years ago?

and now you appear to have another one?

 

 

if you emailed the DCA

and did not defend it to the court

then you would have gotten a CCJ by default

 

 

you fell for the oldest trick in the book

or were poorly advised?

[martin2006]

please could you sign up for either noddle or clearscore, both free, and check the public information area.

If you have ccj's they will appear there.

Note the ccj reference numbers and then ring northampton courts and ask what the ccj or ccj's refer to.

Then please post back

 

We need to establish whether you have 1 or multiple ccjs and also if they refer to the same alleged debt or separate debts

 

Your post is quite confusing atm

[grey_in_red]

Hi,

The credit card debt was defaulted 2006 along with my other debts.

It was recorded on credit file which ended 2-3 yrs ago.

Credit file now clean.

 

When it was defaulted I came here for help how to deal with debts.

 

I started paying the debt thru DCAs. Which keeps changing.

 

At that time I learnt requesting CCAs due to persistent DCAs demand To repay in full etc.

 

But the above debt disappeared then 're emerged as Lloyds.

 

Different DCAs tried to collect the debt but could not provide CCA.

 

The last Dca is 1st credit.

Their solicitors started to take me to court Last year.

 

 

As above I replied asking for the CCA but could only produce Reconstructed statements and agreement.

Then nothing happened until February this year demanding to collect the debt.

I then again requested CCA (email).

 

 

They replied with the same reconstructed docume

last week I recieved the letter informing me of the ccj granted by Northampton Business Centre.

 

 

I checked yesterday on experian credit file. It's there!

The only default On my credit file dated 9/4/16.

 

So my questions as above...

Set aside?

Will judge Grant me set aside?

 

If so, where do I stand?

What happens if I win or lose at hearing?

 

Hope this is clearer.

Thanks

[dx100uk]

why have you never received the claimform for the CCJ attempt

or any prior letters about the attempted collection of the debt?

if you.ve blindly been paying whomever owns the debt

then you've kept resetting the SB debt.

 

 

have you moved since you took this debt out?

[grey_in_red]

No I haven't moved.

I recieved the blue claimform last year? I replied via MCOL? Online.

I demanded to send me CCA...

Since then they 're sending me letters to settle debt.

This February 2016 they emailed me with reconstructed CCA.

I replied with the same template letter I always use regarding CCA.

Since then nothing happened.

Then this month I got a CCJ on it...

 

Do I have a chance to set aside CCJ?

If so, if I defend my case... is my reason good enough?

If not...if I lose. What happens? Will the judge...just ask me to repay the debt?

What happens to the set aside CCJ?

Any comments will be appreciated...

I have 26 days to make a decision...(To set aside? Or pay the debt?)

[dx100uk]

why have you got 26 days to decide?

 

 

scan up the letter regarding this

[AndyOrch]

why have you got 26 days to decide?

 

 

scan up the letter regarding this

 

To make payment and stop it being registered?

[grey_in_red]

Yes. I dont want it on my file...

 

I want to know what happens when i get the set aside...

[AndyOrch]

If you are awarded a set a side the claim restarts and you will be allowed to defend it...assuming you have a defence which will be taken into consideration on the decision to set a side.

[dx100uk]

so what defence did you file to the original claimform?

[grey_in_red]

I replied to the claimform (last year) the claimant not replying to my CCA requests.

 

Since then I haven't heard from them? Apart from letters demanding payment.

 

BUT this February 2016 they emailed me with reconstructed CCA. Again I replied

To produce a original documents regarding the account.

 

 

UNTIL

Last week I got a letter of CCJ being granted? 9/4/16.

 

I don't understand it...

did they apply to claim again in court this year (new claimform)?

If so, I didn't get it!!!

 

It's obvious it's a back door CCJ and I'm fuming about this.

 

I am now realising DCAs are claiming old debts via Northampton Bulk Business centres.

 

My set aside defence will be the same No CCA...

 

The letter I received:

Judgement for claimant in default

Application notice of solicitors

General Directors Order

All dated 9/4/16

[AndyOrch]

No they will have made application to lift the stay and strike out your defence (if your defence was inappropriate and not CPR compliant.) but you should have been informed by the court that the claimant had taken this action.

[grey_in_red]

Ok. Thanks Andy...

I think Im beginning to know where I stand.

 

But how could the judge proceed knowing the debt purchaser

Could not provide a legal document i.e. CCA (cease collection etc).

 

Also knowing the debt is old,

but im not sure if the claimant produced How old the debt was

...also that the debt has been registered as defaulted for 6 years Which ended 2 years ago.

Unless, the claimant didn't produced on their claim?

Can they do that?

 

If I accept the current situation...

( I know im out of my depth here,

can I pursue to complain what had happened to relevant authorities?)

Many thanks x

 

Also, if I go ahead with set aside ccj.

My defence will be the same...

Or inform the judge that the debt has been registered before as defaulted?

 

Or can they do this?

're register the same debt as ccj?

 

Any info and comment will be appreciated...

Thanks

Edited April 17, 2016 by Andyorch
edited

[dx100uk]

the age of the debt is immaterial

already being defaulted is immaterial.

 

CCJ now trumps the need for an agreement

 

as andy says

'you should have been informed by the court that the claimant had taken this action.'

were you?

 

please try and keep focused

Edited April 17, 2016 by Andyorch
removed reference

[grey_in_red]

Hi I apologised for my confusing explanation.

 

Yes I was informed but.... my reply was the claimant could not produce CCA.

 

So, I should have replied and agreed a affordable repayment?

 

I know it's too late...

I have no option but accept the judgement.?

 

The judgement was 'forthwith'

 

Can I approach the claimant for reduced payment?

Or is that too late now as well...

Thanks...for all the comments...

[dx100uk]

how do you know the judgement was forthwith.

scan up the letter from the court that mentions this.

 

 

might be better than continually adding stuff not related to the questions being asked of you

you simply answer the question that has been asked

all this waffle you keep adding, is, quite off putting

and detracts you and us from focussing on what you should be doing.

 

 

getting the answers cag users need to effectively help you is like pulling teeth.

 

 

pers, me/I would not be paying this

but go get the set aside done

but that will cost you £255 now.

 

 

others may think otherwise

[grey_in_red]

Lol dx...

Thanks. It's on the papers I received.

 

I checked Experian it's there and recorded.

 

To pay £xxxx forthwith.

 

I got the email containing N244 attachment.

 

My question is...

if judge don't accept it, what happens To the ccj?

As I have 1 month to pay for it to remove.

 

Will it stay on record if judge refuse to set aside?

 

Judge might not reply within my time limit?

 

Thanks for your patience...

[dx100uk]

when you file the set aside it stops the process

the judge will tell you when to pay by if your setaside fails AFAIK

[grey_in_red]

Ok.

If I send N244 it cancels the CCJ.

1 month time limit irrelevant...

And if the judge don't accept my set aside I will be told

When to pay...(pay whole amount)

There will be no ccj?

Did I understand that right?

[dx100uk]

I believe so

let andyorch clarify

[grey_in_red]

Thanks...

[AndyOrch]

Responding to your PM

 

Problem is if all you have as a defence of not complying to your CCA request...that will be ineffective with regards to a set a side defence...and £255 is a lot of money to gamble on it being accepted.

 

Lack of compliance to a CCA requests works quite well when you initially get a claim...but when you're back peddling it loses its effect and not grounds to set a side.

 

I personally would submit an N245 and apply to change the forthwith to a monthly arrangement (fee is £50)...I think you are going to have to accept this judgment on the chin.

 

If it happens again please visit us and look at how a holding defence should be drafted.

 

Regards

 

Andy