application to set judgement aside cabot

[queensclose]

posted on behalf of a friend

 

after checking her credit file because she was turned down for credit. it showed she had a CCJ.

and has applied to for courts for it to be set aside on the basis she knows nothing about it

 

today she has received a letter off cabots solicitors confirming it was for a mobile phone and papers were sent to previous address.

it states that the is no prospect of setting this aside and invites her to withdraw her action

 

whats the next step

 

https://www.photobox.co.uk/my/photo/full?photo_id=10030744201[/img]

[dx100uk]

if she didn't tell her creditors she'd moved

sadly unless the debt was statute barred before they issued the claim they are quite correct.

[queensclose]

whats the prospect of getting this claim back to the beginning to dispute it

[AndyOrch]

Possible if you can prove the claimant had and corresponded to the new address before issuance of the claim.

 

Andy

[disgruntled2007]

She knew nothing about the debt or didn’t know a CCJ had been secured against that debt? World of difference.

 

Also, when did she move? When did she tell this creditor her new address?

[queensclose]

she was unaware she had a debt for a mobile. has 2 children and has mobile phones for them. but as a far has she was aware no contracts were outstanding. she just wants her chance to defend the claim

[disgruntled2007]

Please answer th following questions:

 

1. Is the CCJ for a debt against one of her (or her children’s) mobile phone accounts?

2. When did she move to the current address?

3. When did she tell the mobile phone company of her new address?

4. When was the CCJ granted?

[queensclose]

the ccj is against her.

middle of last year she move

she never told the mobile company she moved because she was unaware of any outstanding debt

the ccj was granted dec 2016

 

she just wants to defend the case as she still believes there is no debt. would it be worth drafting a letter to the claimant

 

they say they are going to oppose the application and eek cost on a contractual (indemnity) Basis. whats that mean?

[dx100uk]

it means lots more money will be added to the debt and she will be made to pay that as well if they win.

 

she would have to be very sure that the debt amount is not due to get this set aside.

has she done an sar to the mobile phone company to gain that proof?

if not shes gonna lose the set aside hands down.

 

there is this in our mobile defence we use:

 

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

but to be honest I've never seen anyone win a set aside and the subsequent re hearing of the debt purely upon the above

[AndyOrch]

" they say they are going to oppose the application and eek cost on a contractual (indemnity) Basis. whats that mean?"

 

If the court do grant a hearing to consider the set a side...the claimant will oppose it using counsel at the hearing and claim costs for opposing the application.

 

Hence you better start thinking of a valid defence to compliment the application and reasons to block their opposition to the application