arrows/restons CCJ intentionally sent to old address - BH car finance 'debt'

[king99queen99]

It seems most debt collection agencies know when you have started making an effort to pay back debts.

 

I have been able to agree reduced settlements or reduced monthly payments for some of my wife's debts, starting with the smallest and working upwards.

 

It seems lenders that have made no contact in months previously are starting to threaten legal again and in one case , sending debt collectors to our house.

 

I check our credit reports monthly through Noodle, Credit Score and also Check My File and decided to check our file also with Trust Online for any CCJs. No CCJs even on the Trust Online as at 30/08/16.

 

My wife's latest report now shows a CCJ from 23/08/16 for a default that shes had a while.

It was for a HP Car finance from Blackhorse

 

She told them in 2014 that she's moved to husband's address and wanted to negotiate a way she could either hand car back or pay reduced amounts.

 

I am self employed and was the sole earner.

I was in hospital for quite a while after a motor accident and couldn't make payments on wife's behalf.

 

Blackhorse decided to collect the car in the middle of the night rather than negotiate and wrote to her at my address (current address) that £480 owed.

 

A period of two years, she has received letters from 5 debt collecting companies claiming that debt has been sold to them all at the right address.

 

I feel the debt collectors have intentionally sent the CCJ to old address for £586

so that we will loose out knowing that it takes a month to show on credit reports.

 

The courts claim a month has passed and said i could pay £255 to set aside but warned that the lender doesn't have to agree to a reduction of lump sum payment or monthly payments even after it's set aside.

 

Can i get the debt company to agree to set the CCJ aside by consent so that i only have to pay £100 to the court and a full amount to them?

 

Is there any point paying £255 + £586 for a debt of £480 that seems to have been intentionally sent elsewhere?

 

I read also that the Court takes timing seriously, is it a disadvantage to contact the lender instead of complaining to the court first?

Whatever happens , i don't want her to get a CCJ, not even a satisfied CCJ.

 

Am i better getting it set aside and waiting for the response or is it easy to just get a judge to throw it out entirely since there's no justification for Blackhorse or any of the debt selling firms not to have my current address?

 

If she's told the lender of her current address,

lender has repossessed vehicle from the same address,

lender has written to confirm debt sold at same address

and five different companies have written to that address...

 

Can i get the court to penalise their solicitor or perhaps even cancel the CCJ all together?

[dx100uk]

if you have proof the OC knew your current address

then a perfect set aside reason.

 

 

however, you'd still need a defence for why you don't owe the sum claimed.

[BazzaS]

Although : would a set-aside then allow any new CCJ to be paid within 28 days (or the sum demanded settled, before judgment) such that no CCJ shows on the register / any credit report, if this is the OP's main concern??

[dx100uk]

of course but still need a defence for the debt to enable a successful set aside?

[king99queen99]

Thanks for swift replies...

I do have proof from them and 4 of the debt resellers, letters stating they have been sold or are selling the debt.

I want to pay the debt off but don't know if the only option now is to pay the £255 to set aside first

[BazzaS]

of course but still need a defence for the debt to enable a successful set aside?

 

Not necessarily.

There won't be a mandatory set-aside under CPR 13.2, but CPR 13.3 allows a discretionary set-aside ("MAY") under 13.3(1)(b)(i) even without a defence if there is "there is some other good reason why the judgment should be set aside". Note the "or" between (1)(a) and (1)(b) and also between (1)(i) and (1)(b)(ii)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

 

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

 

A caveat though : see my next post regarding factual inconsistencies.....

[BazzaS]

 

 

My wife's latest report now shows a CCJ from 23/08/16 for a default that shes had a while.

......

 

She told them in 2014 that she's moved to husband's address and wanted to negotiate a way she could either hand car back or pay reduced amounts.

 

I am self employed and was the sole earner.

I was in hospital for quite a while after a motor accident and couldn't make payments on wife's behalf.

 

..............

 

A period of two years, she has received letters from 5 debt collecting companies claiming that debt has been sold to them all at the right address.

 

I feel the debt collectors have intentionally sent the CCJ to old address for £586

........

 

 

So, you were the sole earner between 2014 and 2016 (apart from when in hospital, when you weren't earning)......

 

Yet:

http://www.consumeractiongroup.co.uk/forum/showthread.php?471284-want-to-work-back-in-finance-but-have-a-CCJ-set-aside

 

I used to work in Finance, decent pay and access to credit. Initial application made to the Home Office to continue staying in UK was rejected and asked to leave.

 

Decided not to but had to leave my address when i came home to find that my door had been kicked in. A warrant had been issued to have me arrested and deported.

 

I had to squat with friends and use all savings and credit to get a top lawyer to help.

I defaulted on a credit card for around £800 and got CCJ in 2014.

 

After lengthy Home Office battle, i was given Leave to remain in the UK in September 2016.

 

.............

 

Home Office restricted me from working while considering the application.

I wasn't allowed to work or start a business till i got the positive decision.

 

 

 

So whilst they were writing to "the correct address" and you were the sole earner 2014-2016, at the same time you were squatting with friends and weren't allowed to work 2014-2016?

 

Have I misunderstood?

[Guest]

also

what happened re those 2 years, and the 5 dca's. were they responded to.

[king99queen99]

It might come as a surprise but "not allowed to work" doesn't mean "cant or wont work".

 

Important bills still paid but couldn't return home until i paid for and got solicitor's assurance that i wont be picked up.

 

Essential bills still paid with whatever i could earn.

 

Squatted with friends was the only way i could stay off radar while getting much reduced income..

 

My wife was studying full time and we didn't expect the application to take so long..

I hope this clarifies a bit..

 

What's my best option, i don't think i can wait 4 years to get back into a decent job

 

We have been making and paying back settlement offers that we have agreed with the debt collectors.

 

All that have written about CCJs or sent collectors to door have already been settled.

This one would have been pushed to the top of queue had we got the court papers.

 

Please note that this is for HP that has already had the asset taken from the current address and letters received from all sorts.

Absolutely no grounds for setting CCJ at old address

[Guest]

ok, when you say 5 dcas have been in contact at yr address, you mean re other debts?

[dx100uk]

was it Blackhorse that got the CCJ or a debt buyer?

I would suspect she has unlawful fees involved here too knowing BH

and ofcourse the repo fee would have certainly been unlawful. [reclaim time!]

 

time for an sar to BH first?

 

you should have done a VT under the CCA ACT

thus only the 50% mark of the agreement would have needed to have been paid

[minus any stupid insurances and warranties that they made her take - reclaim those too!]

 

rather than simply letting them VS whereby shed owe the whole amount of the loan

[king99queen99]

ok, when you say 5 dcas have been in contact at yr address, you mean re other debts?

 

the same debt.. blackhorse and 4 others for the same debt have written to the right address

[Guest]

the same debt.. blackhorse and 4 others for the same debt have written to the right address

ah ok. as asked, was any of their correspondence (to the right address) responded to?

[king99queen99]

was it Blackhorse that got the CCJ or a debt buyer?

I would suspect she has unlawful fees involved here too knowing BH

and ofcourse the repo fee would have certainly been unlawful. [reclaim time!]

 

time for an sar to BH first?

 

you should have done a VT under the CCA ACT

thus only the 50% mark of the agreement would have needed to have been paid

[minus any stupid insurances and warranties that they made her take - reclaim those too!]

 

rather than simply letting them VS whereby shed owe the whole amount of the loan

 

I agree in hindsight.

Just want to know what the best route is that removes ccj from file

 

ah ok. as asked, was any of their correspondence (to the right address) responded to?

 

Only initial one from Blackhorse after car was taken was responded to.

 

Other DCA letters ignored

[dx100uk]

Sar BH then

Let see what they have conned you out of

Then p'haps phone and ask if they would remove the CCJ if you paid XYZ

[king99queen99]

Only initial one from Blackhorse after car was taken was responded to.

 

Other DCA letters ignored

 

I phoned Arrow and got referred to their solicitors, Restons.

 

Restons claimed that the last address given was correct etc

but said they would talk to their client if i can supply the "proof" that their client knew of my new address.

 

I sent the required info (letter from original creditor, letter from DCA that sold to Arrow and letter from Arrow themselves) and got an auto reply claiming that i should give up to 10 days for response.

 

It's the tenth working day now, should i bother calling Arrow or Restons again?

Should i just pay the £255 court fee to set aside?

[unclebulgaria67]

Leave it until Friday to see if you get a response. I can't see Arrow agreeing to set aside, just because of the address mistake, but they might. So worth waiting, before you make the court application and pay the fee.

[AndyOrch]

And only make application to set a side if you have a valid defence.

 

Andy

[king99queen99]

Leave it until Friday to see if you get a response. I can't see Arrow agreeing to set aside, just because of the address mistake, but they might. So worth waiting, before you make the court application and pay the fee.

 

Should i call or write to Arrow or Restons if no response?

[king99queen99]

And only make application to set a side if you have a valid defence.

 

Andy

 

Defence is based on our failed requests to get settlement calculation .

We dispute the debt amount in part or full since we've not been told how much the car and contents sold for

 

Do you think this isn't a suitable defence?

[BazzaS]

Defence is based on our failed requests to get settlement calculation .

We dispute the debt amount in part or full since we've not been told how much the car and contents sold for

 

Do you think this isn't a suitable defence?

 

What if they now show the amount is correct?

[unclebulgaria67]

Should i call or write to Arrow or Restons if no response?

 

Phone and also send an email. Get an email address of who is dealing when you phone. Record call if you can.

 

Don't get into too much of a discussion. Just point out that the court claim was sent a wrong address and that Arrows/Restons have no reasonable excuse, as they had the current address. Also point out that you have a defence without going into details and you will be looking to claim your costs of having to do the set aside if necessary.

[king99queen99]

What if they now show the amount is correct?

 

I dont mind paying the amount IN FULL, i just dont want a satisfied CCJ.

No CCJ would have been on file had it been sent to our address. It would have been defended or paid off.

To be honest, if the sols agree the full amount to set aside, i will pay it. I just don't want to offer to settle unless i'm sure thats the only option

[king99queen99]

CCJ on file means we can't remortgage as planned.

What's the point paying almost £10k of debt in 6 months and getting a CCJ for less than £600.

[dx100uk]

If you can prove BH or arrows knew you real address rectums might set aside by consent for free

Did you get that sar running? To bh