unknown Hoist CCJ for HSBC Credit card - set aside help please

[bitemarx]

I applied for a flat last week,

and their credit check showed that I have a CCJ against my name.

 

 

Apparently, it was registered back in 2014.

 

 

I am not sure if it was a deafult judgement or not, to be honest.

 

Can I still apply for this to be set aside?

 

If so, how do I go about it?

[Guest]

do you know anything about it, ie what it cld relate to?

try the court to see if you can get any further details about it.

then can consider whether a set aside application (at cost, unless fee exempt) cld be the way forward.

[bitemarx]

The estate agency has given me the details including the registration number for the CCJ.

 

 

I intend to speak with the court tomorrow morning and get some details about creditor.

 

How much does it usually cost?

[Guest]

form N244, 255£ atm. unless fee exempt.

[BankFodder]

Find out all about it first. Contact the court and ask them to send you full details including a copy of the claim and of the judgement.

 

Then come back here and tell us more about it.

[dx100uk]

phone northants bulk

and yes they are always default judgement

probably because you moved and did not inform your creditors of it.

 

 

find out what debt its all about first.

 

 

who was the original creditor

who got the CCJ

what address did they file it too

 

 

dx

[bitemarx]

According to the man at the county court, the CCJ was filed by a company named HOIST PORTFOLIO. The solicitors for this company are HOWARD, COHEN & CO.

He alsogave a reference number.

 

SHould I contact the Hoist people or the solicitors? As always, I must ask ..is there a letter format for writing to them?

 

The total amount is £1643. I suppose it wont be as simple as offering to pay them the whole amount and having the CCJ removed?

 

If I recall correctly, this debt was bought by HOIST PORTFOLIO from HSBC: this was the outstanding amount on a credit card that I used to have with that bank.

[Guest]

what address did the court have as being on the judgment, ie your current one, an old one, or....

[bitemarx]

what address did the court have as being on the judgment, ie your current one, an old one, or....

 

The address was my previous address. I moved to my current address in March 2014. The CCJ was registered in June 2014.

 

According to the man at the county court, the CCJ was filed by a company named HOIST PORTFOLIO. The solicitors for this company are HOWARD, COHEN & CO.

He alsogave a reference number.

 

SHould I contact the Hoist people or the solicitors? As always, I must ask ..is there a letter format for writing to them?

 

The total amount is £1643. I suppose it wont be as simple as offering to pay them the whole amount and having the CCJ removed?

 

If I recall correctly, this debt was bought by HOIST PORTFOLIO from HSBC: this was the outstanding amount on a credit card that I used to have with that bank.

 

I think I was contacted about this in the past by WESTCOT and MKDP, but not by these guys HOIST.

[dx100uk]

hoist are MKDP

 

now comes your issue

 

as you didn't? update your creditors you had moved

they are quite correct to serve the CCJ against your old address

 

unless you can PROVE HSBC or hoist/MKDP knew you new address

then set aside might be difficult

 

paying the CCJ will NOT remove it.

[bitemarx]

So there is nothing at all I can do?

[Guest]

as dx posted.

they usually wld be allowed to use the last known address if noone applicable was given notice of any address change.

plus, it has been 2 odd years since.

 

but, possibly.

do you know whether or not it was statute barred prior to the claim issue date.

[bitemarx]

I don't believe it was statute barred.

It defaulted in early 2012;

then MKDP (or westcot) started chasing me for it in 2013.

[bitemarx]

Does this mean I live with the CCJ for 6 years from the date it was filed?

 

Does it reflect positively on my credit profile if I start making payments toward it?

 

 

I understand it wouldn't be removed,

but I could use any positives right now,

since I am in the process of seaprating and NEED to move out as soon as possible.

[Guest]

yes, you'll have to live with an ccj if it cant be set aside.

 

do you think that it could've been successfully defended if you were aware of the claim form at the time.

 

if not set aside,

you'll need to get an instalment order in place, to make payments official.

otherwise, the ccj amount, presuming it is forthwith, wld remain outstanding and poss subject to enforcement.

[bitemarx]

I know I'm beating a dead horse here, but..for the purpose of applying for a rentalproperty, is it possible to pay off the whole amount and get a letter from the creditor that it has been paid off and satisfied, although the mark remains in my credit file for six years?

Edited November 16, 2016 by bitemarx
Grammar

[bitemarx]

yes, you'll have to live with an ccj if it cant be set aside.

 

do you think that it could've been successfully defended if you were aware of the claim form at the time.

 

if not set aside,

you'll need to get an instalment order in place, to make payments official.

otherwise, the ccj amount, presuming it is forthwith, wld remain outstanding and poss subject to enforcement.

 

If I had been made aware that they were going to file it, I could have done something to prevent it going to court. And going by my experience with ARROW/RESTON recently, I feel that I may have been able to defend it successfully.

Does this change anything?

[bitemarx]

If I had been made aware that they were going to file it, I could have done something to prevent it going to court. And going by my experience with ARROW/RESTON recently, I feel that I may have been able to defend it successfully.

Does this change anything?

 

Just to add more info in the hope that someone can see something I cannot: I spoke to Howard Ccohen & Co this morning, then to HOIST Portfolio, and they both confirmed that they have my current address on file. This makes me wonder why they did not send the CCJ notification to my current address.

Is this something I can use in applying to have the judgement set aside?

 

They also said that if I pay off the outstanding amount in full, they can provide a certificate stating that the debt has been satisfied.

 

Also: if I make the full payment and receive the certificate etc, will the courts still allow me to apply to have the judgement set aside?

 

Sorry for so many questions!

[dx100uk]

Prove they knew your new address before fthey issued the claim form

 

But you'll still need a defence for the debt itself

 

Did you ask them if you paid it they'd remove the CCJ

They can!

[martin2006]

In the event that you cant get it set aside or removed, which seems quite unlikely, if you were to pay the ccj amount directly to the court, the court coukd then issue a certificate if satisfaction which would show the ccj as satisfied.

Maybe the best you can make of a tricky situation.

[bitemarx]

Prove they knew your new address before fthey issued the claim form

 

But you'll still need a defence for the debt itself

 

Did you ask them if you paid it they'd remove the CCJ

They can!

 

I shall ask them about this.

I suppose I would have to get something in writing from them that they will indeed remove the ccj

 

 

How can I prove that they knew about my change of address ?

[martin2006]

If you have any letters from either the claimant or their solicitors sent to your new address, this would prove they knew your address at the time of the claim

[obiter dictum]

In my past I have had three CCJ st aside by the court for one reason or another.

 

I can say the number one thing that made it successful is showing the court the debt has been either paid off in full, or the original creditor will not object to the set aside application in writing.

[dx100uk]

Did you inform HSBC of your new address?

[bitemarx]

Prove they knew your new address before fthey issued the claim form

 

But you'll still need a defence for the debt itself

 

Did you ask them if you paid it they'd remove the CCJ

They can!

 

Just spoke to Robinson Way and Hoist.

Both have stated that the CCJ will only shows as "satisfied", and that they cannot remove it from my credit file.

I'm not sure if this will affect my credit rating in any positive way at all.

 

HOIST say that the account was given to them from MKDP in october 2015, and that they, Hoist, were told of my new address in Nov 2015. :-/