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royalblue1878

Backdoor Hoist CCJ - old BPF car Finance - knowingly sent to wrong address - set aside

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10 hours ago, dx100uk said:

did you get a copy of the judgement sentto you by email as well?

Yes as above without the changrs to the numbers. 

the address used for the CCJ, you have never lived at and have never had any connection too it..is this correct?

That's right no connections at all. 

just to re visit something I missed about

don't worry about court bailiffs, the claimant would have to return to court

(as they did to get the Attachment of earnings order...how did the court findout you were self employed if you knew nothing about the AEO either and played no part or knew nothing about it??????) and anyway there is no right of force entry on consumer debt CCJ's.

That's good to know. 

 

As far as I know they don't know I'm self employed, I was told by the help desk that they were looking for an attachment of earnings. 

 

Should I visit the wrong address and let them know what's happening and see if they have any more mail? Or stay well away? 

 

Thanks. 

 

 

10 hours ago, dx100uk said:

 

 

 

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Not your problem

 

So the court now has your correct address?

You updated them on the phone and made sure they noted it in case they are sending the AOE N56 form?


please don't hit Quote...just type we know what we said earlier..

 

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VThat's a good question, they were made aware of the change of address, but I didn't make sure they updated it. I'll call them again to make certain. 

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:rockon:

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Okay. I have just had a good look through old paperwork and bank statements and found the following:

 

dx100uk - The payment of £1.00 I made to Robway/Hoist back in 2017 was for a CCA. I made a note of a request for a CCA on a letter dated June 2017. I haven't found the CCA so am assuming it never arrived. This was the last contact I had with them until last weeks phone call. I guess I didn't chase the CCA as everything went quiet.

 

I have also found proof that they had my correct address, found in, one letter from BPF, one letter from Hoist and two letters from Robway, all between May and June 2017.

 

The last payment for the debt was made 31st Oct 2014.

 

Could/Would they really create and send court papers to the wrong address deliberately to avoid going over the 6 years since the last payment? (The court judgement was in May last year 4 1/2 years after the last payment)

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you mean file a court CLAIM TO HALT THE sb PURPOSEFULLY TO AN OLD ADDRESS yes any DCA will.

 

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please don't hit Quote...just type we know what we said earlier..

 

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An old cynic has become even more so! Thanks Dx

Edited by royalblue1878

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Should I inform Robway/Hoist that I will be filing for a set aside?

Edited by royalblue1878

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Yes if the claim was sent to a totally unconnected address and even suggest that they set a side at their cost.


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I called the court today and the AOE application from the court/claimant was sent back to the court as 'not known at this address' 

 

They suggested that I fill in form N56 and send it/email back to the court (CCMC) with the correct address. (They cannot change the address until they have that in writing!) That would basically be Case number and a tick in the box which says self employed.

 

I am unclear as to how I should proceed regarding the next steps the court take.

 

How long would it be before a bailiff turns up due to the  N56 being sent back to them?

 

Does the court (CCMC) send more letters before Bailiffs arrive?

 

Do I have time to write to Hoist and request they set aside and pay for it?

Can they start the set aside application or is that only something I can do?

Do I write to Hoist and complete the set aside application without delay and pay for it before they reply?

 

The set aside application would have to be sent to CCBC, do they contact CCMC and put any enforcement on hold until after the set aside hearing?

 

Many thanks to all.

Edited by royalblue1878

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Quote

I am unclear as to how I should proceed regarding the next steps the court take.

 

 

I have just told you in last post.that you have simply disregarded or not read.


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13 minutes ago, Andyorch said:

 

 

I have just told you in last post.that you have simply disregarded or not read.

 

I read your post and in my post added more information that you didn't have.

 

The courts are preparing the next step after an AOE which would be bailiffs.

 

Do I have time to write to Hoist/Robway before the next court steps take place? 

Will a letter to Robway be dealt with before the court takes it's next action?

 

Do you see what I am getting at? (It seems I don't have much time before the court carry on with their enforcement actions)

 

Thanks.

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Ring Hoist and ask for the claim hander of your claim....tell them you intend to set a side and will request costs or give them the opportunity to set it aside themselves by consent.

 

Once you make that call today...all the above will cease.

 

The AO is dead its been returned to the court....again for using the wrong address...so you dont go filling in an N56 and returning it...let them sort it.

If and when you receive notification of application for Warrant...you will be given 7 days notice and time to respond...hopefully the set a side will be being processed by that stage.

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Thank you Andy I'll get onto that asap.

 

Thanks again.

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Ok, no joy for set aside with consent from Hoist.

 

So in the N244 should I include a draft order? and is there a rough template for requesting costs due to claimants errors?

 

Thanks.

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And they admitted serving on an unknown address?


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They basically repeated I would have to apply for set aside myself. I am not sure if the person I was talking to understood what was going on.

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Possibly not...as like most DCAs......I will prepare an N244 and draft Order for you later......Im a bit snowed under at the moment.

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Thanks Andy, that would be fantastic.

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Complete as follows

 

3.To set a side default judgment number xxxxxxx dated xxxxxx issued by xxxxxxx County Court.Pursuant to CPR 13.3 a & b.The claim form was not deemed good service and sent to an unknown and unconnected address CPR 6.18 (2) .The claim form was never received nor returned to CCBC

 

4. Yes

 

5. At a hearing

 

6. 30 mins

 

7. (only complete is your not going to be available on a certain date IE Holiday)

 

8. District Judge

 

9. The Claimant  9a The Claimants address

 

10. (optional)

 

Attach the following draft order to the application.

 

#### START OF ORDER #### 

In the ......... county court
Claim No. ...

Before

District Judge ………


Dated ……… 2020


Claimant A

and

Defendant B



Draft/ORDER




IT IS ORDERED THAT:

1. The Judgment be set a side pursuant to 
 CPR 13.3 (a & b))  and CPR 6.18 (2)
2. The Defendant requests costs in making this application.The Judgment Claimant has refused to set a side knowingly that the claim was sent to an incorrect address.

 
#### END OF ORDER #### 

 


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That's great! Many thanks Andy! I'll get that off today.

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Just a quick question.

 

The case was originally dealt with by County Court Business Centre and then sent on to the County court Money claims centre.

 

CCBC are saying I should send this set aside application to CCMC. Does that sound right to you?

 

Thanks.

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As it was a default judgment then it would be CCBC.....why would it have been transferred to CCMC ? It would only be transferred for execution purposes...AOE /Warrant...which neither have been successful or yet to materialise  ?


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But if the file is with CCMC give them a ring and check it is correct to send them the application.


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Checked with CCMC and it is with them. Better to  be safe  :)

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