Unknown Marlin CCJ RE:Barclaycard 'debt' - help set aside

[stuscfc1883]

Morning Caggers,

 

time i dealt with this issue . .

 

. during my move to my current address, some 130 miles from my home town,

I had been served papers at my previous address without my knowledge

and only after being informed by Talk Talk of the hacking

that it would be prudent to check my credit rating that I saw the default CCJ against my name.

 

It has now been moved to my local court for enforcement

, however on speaking to them I can try to get this set aside . .

. i have tried to do this previously and it was rejected, but i forget why

 

They are sending me the relevant forms to fill in etc

due to my low income they say it may be possible that the fee could be waived . .

. that aside,

 

i'm just wanting to start this ball rolling to defend the claim . .

. I have the contact details of the solicitors who pursued the claim on behalf of Marlin Capital,

should I ring them for the case details??

 

thanks for any help in advance guys . . .

[BankFodder]

Start doing everything in writing.

 

Call the claimant's and tell them that you haven't received any court papers – tell them why and tell them that you don't know what the claim is about and that you will be applying for a setaside. Ask them if they will send you copies of everything that they have all whether they will require that you serve them with an SAR. Then follow this phone call up with a letter confirming everything that you have said – and also anything which they have said on the phone. If you can do things by means of email then that will be better because it will be quicker.

 

Also, contact the court and tell them that you have no knowledge of the claim and that you will be applying for a set-aside and asked them also for copies of all the documents that they have. Write to the court and explain to them that you are applying for a set-aside and asked them to hold off on any enforcement proceedings. This may not make any difference – but at least you get it all down on paper.

 

Although you didn't know about the claim against you, do you know anything about the debt which has been alleged against you?

 

The basis for a set-aside is that you didn't receive the court papers and also that if you are permitted to file a defence, that you stand a chance of success if the matter goes to trial.

 

How long ago was the claim made and how long ago was the judgement entered against you?

[BazzaS]

 

, however on speaking to them I can try to get this set aside . .

. i have tried to do this previously and it was rejected, but i forget why

 

 

How far did you get in your previous set-aside application, and when?

 

Any application for set aside must be made "promptly", and if a court received a previous set-aside application and declined it, if a further application wasn't made 'promptly' that could be grounds to reject a further (later) application.

[stuscfc1883]

I spoke to the original court, maybe the northampton business court, i forget now,

but they told me to speak to the solicitors of the claimant to get it set aside,

when I did they of course sent me packing . .

 

 

. so being given the wrong info from the courts has left me sitting on this . .

 

 

. i've had a DCA to fight too, which thanks to CAG has been Stayed,

so on to the next issue which was this . .

. now i've got proper info of what and where to direct my appeal, so i'm hoping it's ok . . .

[dx100uk]

what was the original debt all about please?

[stuscfc1883]

it was a barclaycard debt . . .

[stuscfc1883]

I have received the paperwork from the courts to apply to set this aside, so i'll go through that today and list any questions I may have later . . .

[AndyOrch]

You could of downloaded CAGS copy stu and completed it on screen instead of waiting for the courts...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice-**Correct-as-at-Sept-2015**

 

Andy

[stuscfc1883]

thanks andy,

need to that sharpish as a bailiff has been round to the house

and now i've received a 'document for service'

letter asking me to get in touch with them .

 

 

. . i've half filled in the forms to set aside the case,

but got lost with all the jargon,

 

 

clearly I need to move fast to stop this if at all possible . . .

[dx100uk]

court bailiff are your friends - nothing to worry about

 

but you MUST simply inform them you are applying for a set aside.

 

you mean you've had a warrant of execution I take it?

 

 

dx

[stuscfc1883]

i'm guessing it's the warrant they're wanting to serve me, this is a letter saying 'don't ignore' etc from the court and tribunal service . . .

[dx100uk]

ring them as advised